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Premature Claims

King & Spalding

Court Finds Hospitals’ Lawsuit Challenging HHS’s Calculation of the IPPS Standardized Amount Was Premature and Remands to the PRRB

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On September 27, 2023, Judge Royce Lamberth of the United States District Court for the District of Columbia dismissed a lawsuit challenging HHS’s calculation of the standardized amount used in calculating Medicare Inpatient...more

King & Spalding

Arbitrating Premature Claims: An Issue of Admissibility

King & Spalding on

The question of whether a party’s failure to comply with a mandatory step in a multi-tiered dispute resolution clause is an issue of “admissibility” or “jurisdiction” was a hot topic in the international arbitration sphere...more

McGlinchey Stafford

Did I waive the terms of my contract? - McGlinchey Commercial Law Bulletin - July 8, 2022

McGlinchey Stafford on

Fair Debt Collection Practices Act- In this appeal, the Court of Appeals for the Sixth Circuit reversed and remanded the District Court for the Northern District of Ohio’s decision, finding the debt collector violated the...more

Bradley Arant Boult Cummings LLP

Does OSHA’s New Rule Have a Shot? Updates from the Fifth Circuit and Beyond

As most employers already know, OSHA’s newly announced COVID-19 Emergency Temporary Standard (ETS) is set to take effect January 4, 2022, and will require, among other things, that workers at U.S. companies with at least 100...more

Bricker Graydon LLP

Federal appeals court rules against the American Hospital Association’s challenge to the $1.6 billion in Medicare 340B cuts

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On July 17, 2017, the U.S. Court of Appeals for the District of Columbia Circuit ruled in favor of the Department of Health and Human Services (HHS), finding that the American Hospital Association’s (AHA) legal challenge of...more

Best Best & Krieger LLP

Lawsuit Challenging Local Authority Over Right of Way Dismissed - Partner Joseph Van Eaton Represents City in Small Cell Placement...

Best Best & Krieger LLP on

Best Best & Krieger LLP Partner Joseph Van Eaton and co-counsel Kristen Wilson, city attorney for Rye, New York, filed a successful motion for the City of Rye that resulted in a dismissal of a lawsuit challenging local...more

Morgan Lewis

FDA Issues Final Guidance on “Emerging Signals”

Morgan Lewis on

Guidance addresses industry concerns about premature public notifications. On December 14, 2015, the FDA issued a final guidance titled “Public Notification of Emerging Postmarket Medical Device Signals” (Final...more

Saul Ewing Arnstein & Lehr LLP

Florida District Court of Appeal: A Prematurely Filed Bad Faith Claim Does Not Compel Dismissal

Safeco Ins. Co. of Ill. v. Beare, No. 4D13-3104, 2014 WL 4626851 (Fla. Dist. Ct. App. Sept. 17, 2014). The Fourth District Court of Appeal of the State of Florida denies an insurer’s petition seeking review of the...more

Gray Reed

Mixed Result In A Louisiana Legacy Pollution Case

Gray Reed on

The Dietz family sued several lessees for injunctive relief and restorative damages arising out of leases on two non-contiguous tracts in Acadia Parish. In Dietz, et al. v. Superior Oil Company, et al the trial court granted...more

Adler Pollock & Sheehan P.C.

Fast Five - Rhode Island Appellate Practice: April 2013

Welcome to the first edition of Fast Five on Rhode Island Appellate Practice, which will provide five periodic updates on Rhode Island appellate law and pointers for practice before the Rhode Island Supreme Court. ...more

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