Will In-House Attorneys Reach for their Whistles?

The news is full of stories about whistleblowers collecting millions from their former employers.  Surely at least a few in-house lawyers fantasize about that kind of payday.  After all, who knows better than an in-house lawyer where the bodies are buried?  But the fantasy usually ends with recollection that …

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When 30 Days Is Not 30 Days

When is 30 days not 30 days? Concerned about a surgeon’s skill, a hospital ordered him to “have five bowel surgery cases proctored,” specifying no time limit.  After a month, when the surgeon hadn’t met the five-case requirement, the hospital filed an adverse report with the National Practitioner Data …

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Far-Fetched Whistleblower Claim of the Month

The hospital industry is accustomed to far-fetched whistleblower claims: allegations that a hospital knowingly submitted false or fraudulent Medicare or Medicaid claims or fired a whistleblower for trying to prevent such activity.  But in terms of far-fetched claims decided in January, whistleblower Jana Endicott …

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Another Challenge to U.S. on Risk Corridor Payments

Molina Healthcare has joined the long line of insurers suing the government for failure to honor its obligations under the Affordable Care Act’s “risk corridor” program.  According to Molina’s 84-page complaint filed Jan. 23, the U.S. owes it a whopping $52.3 million. Enacted in 2010, the Affordable …

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Agency Law Takes Center Stage in Psychologist Torture Case

If you think agency law is boring, take a look at the Jan. 27 opinion by a federal court in the torture case brought by three foreign citizens against two psychologists who worked for the CIA.  The plaintiffs filed suit under the Alien Torture Act, alleging that they were subjected to an experimental torture …

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Hospital Insists it Was Malpractice; Patient Disagrees

At first glance it looks like a “Man Bites Dog” headline.  The hospital insists that the patient was injured by professional negligence; the patient vehemently disagrees.  The argument goes all the way to the state court of appeals. The explanation is immediately clear to medical malpractice lawyers: the …

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