News & Analysis as of

Physicians Evidence Appeals

Marshall Dennehey

Ohio Supreme Court Orders In Camera Review in Peer Review Privilege Dispute

Marshall Dennehey on

Stull v. Summa Health System, 177 Ohio St.3d 543, --- N.E.3d ---, 2024-Ohio-5718 - In a discovery dispute over the applicability of peer review privilege, the Ohio Supreme Court ruled that the trial court should conduct an in...more

Marshall Dennehey

Pennsylvania Superior Court Affirms Dismissal of Medical Negligence Claims Due to Insufficient Evidence

Marshall Dennehey on

Vandever v. Stair, 2025 WL 523863 (Pa. Super. Ct. 2025) - The Pennsylvania Superior Court upheld the dismissal of a medical negligence claim against a physician, finding that the plaintiff failed to present sufficient...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Supreme Court Opinion Refines Affidavit of Merit Requirements for Malpractice Case Against Physician Certified in...

In another in the seemingly endless series of decisions parsing the interpretation of the statutory requirements for an affidavit of merit in medical liability claims, on January 22, 2025 the New Jersey Supreme Court issued...more

Cozen O'Connor

Notice of Appeal - A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers - Fall 2023

Cozen O'Connor on

BACKGROUND- A sugar distributor sought to acquire a sugar producer. The district court determined that the relevant product market included distributors as sources of refined sugar, in addition to sugar producers. The...more

Foley & Lardner LLP

AseraCare FCA Ruling Is A Boon For Health Providers

Foley & Lardner LLP on

All hospice providers routinely should assess risk exposure under the False Claims Act — now with the benefit of the U.S. Court of Appeals for the Eleventh Circuit’s long-awaited decision in United States v. AseraCare Inc. ...more

Foley Hoag LLP - White Collar Law &...

Eleventh Circuit Holds Differences in Clinical Judgment Do Not Create FCA Liability for Hospice Provider

The Eleventh Circuit agreed with the trial court that the government must do more than present expert evidence that a physician’s clinical judgment was inaccurate to establish falsity under the False Claims Act. Nonetheless,...more

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