Ky. Ruling Casts Doubt on Health Care Arbitration Agreements

Health care institutions in Kentucky may want to take a fresh look at their patient arbitration provisions, in light of a September 24 decision by the Kentucky Supreme Court.  Out-of-state institutions may want to take a look, as well. In three cases personal representatives or survivors sued nursing homes for …

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Supreme Court Renders Good News-Bad News Whistleblower Decision

Yesterday’s U.S. Supreme Court decision is good news and bad news for both whistleblowers and government contractors, including health care providers--a win for whistleblowers on one important issue, for contractors on another. Kellogg Brown & Root (KBR) had a contract to provide water purification for …

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Ninth Circuit Denies Rehearing to St. Luke’s Health System

The Ninth Circuit will not reconsider its decision to force St. Luke’s Health System to unwind its purchase of Saltzer Medical Group, the largest physician practice group in the relevant Idaho market. The ruling leaves in place a victory for the Federal Trade Commission (FTC) in the merger row. In February, …

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U.S. Supreme Court Denies Antitrust Protection for State Professional Boards

In a 6-3 decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission, the United States Supreme Court ruled today that state professional boards comprised of active professionals in the occupation the board regulates cannot invoke state-action antitrust immunity unless the board is …

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Minn. Sup. Court: Med Staff Bylaws Are a Contract & Staff May Sue

On the last day of 2014 the Minnesota Supreme Court gave a hospital medical staff a double victory, ruling that (1) medical staff bylaws constitute a contract between the hospital and medical staff members and (2) the medical staff has the right to sue in its own name.  The twin victories were all the sweeter for …

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FDA Explains Decision Not to Seek Rehearing in Caronia

Yesterday FDA explained why it did not seek a rehearing of the Second Circuit’s December 3, 2012 decision in United States v. Caronia. In its decision (previously discussed here), the Second Circuit overturned the conviction of a sales representative for encouraging doctors to prescribe the suppressant Xyrem for …

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