News & Analysis as of

Healthcare Appellate Courts

Arnall Golden Gregory LLP

AGG Supports GHA and MAG in Latest Successful Step to Cap Wrongful Death Damages

On June 24, 2025, the Supreme Court of Georgia vacated the Georgia Court of Appeals’ decision refusing to apply Georgia’s $350,000 damages cap to reduce a $7.2 million award of wrongful death damages in a medical malpractice...more

Orrick, Herrington & Sutcliffe LLP

U.S. Supreme Court holds district courts are not bound by agency interpretations in civil enforcement proceedings

On June 20, the U.S. Supreme Court reversed and remanded a lower court decision, holding that the Hobbs Act does not bind district courts in civil enforcement proceedings to an agency’s interpretation of a statute. In this...more

Marshall Dennehey

Pennsylvania Superior Court Vacates Summary Judgment Due to Procedural Error in Response Time

Marshall Dennehey on

Jordan v. Lynde, 330 A.3d 817 (Pa. Super. Ct. 2024) - The Pennsylvania Superior Court ruled that the trial court abused its discretion by failing to grant the appellants the 30-day response period required under Pa. R.Civ.P....more

Sheppard Mullin Richter & Hampton LLP

Indiana Appellate Court Rules Medical Company’s Non-Compete with Chief Operating Officer Overbroad and Unenforceable 

An Indiana appellate court recently declined to enforce an executive’s non-compete on the grounds that the covenant’s activity restriction was overbroad. In Med-1 Solutions, LLC v. Taylor (Opinion 24A-PL-450, November 25,...more

Quarles & Brady LLP

Appellate Court Dismissal on Suit regarding Life-Prolonging Care

Quarles & Brady LLP on

On August 20, 2023, an Indiana Appellate Court dismissed a suit regarding allegedly negligent life-prolonging care rendered to a nonagenarian patient, who could not herself consent. Plaintiff’s complaint alleged that the...more

White and Williams LLP

NJ Appellate Court Rules Investigative Documents Created in Compliance With the Patient Safety Act Are Protected

White and Williams LLP on

Under the Patient Safety Act (PSA), a health care facility’s incident and investigative reports are “absolutely privileged”, says the New Jersey Appellate Division. Earlier this month, the court held in Keyworth v. Careone at...more

Bradley Arant Boult Cummings LLP

Supreme Court Declines to Clarify FCA Pleading Standard

How much detail must a plaintiff allege to meet the heightened pleading standards that apply in an FCA case? Appellate courts have taken different approaches but given a chance to address a seeming circuit split, the Supreme...more

Seward & Kissel LLP

Juul in Denial? Crypto Cash Out, J&J Wait Continues and Healthcare Hard Times Roll On

Seward & Kissel LLP on

Juul Prepares to Seek Financing for Potential Bankruptcy Process | The Wall Street Journal - Juul Labs Inc. has begun discussions with lenders for financing that could assist the company through a potential Chapter 11...more

Cozen O'Connor

California Attorney General Weighs In On Coverage For Mental Health

Cozen O'Connor on

California AG Rob Bonta filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit in support of plaintiffs-appellees in Wit v. United Behavioral Health (“UBH”), where the district court found that...more

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