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 …
Ninth Circuit Denies Rehearing to St. Luke’s Health System
April 22, 2015 Leave a Comment
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, …
U.S. Supreme Court Denies Antitrust Protection for State Professional Boards
February 25, 2015 Leave a Comment
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 …
Minn. Sup. Court: Med Staff Bylaws Are a Contract & Staff May Sue
January 7, 2015 Leave a Comment
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 …
FDA Explains Decision Not to Seek Rehearing in Caronia
January 23, 2013 Leave a Comment
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 …
Is Off-Label Enforcement Off Limits?
December 7, 2012 Leave a Comment
On Monday, the Second Circuit Court of Appeals issued a split decision in U.S. v. Caronia, vacating the criminal conviction of a pharmaceutical sales representative who was found guilty of misbranding, in violation of the Food, Drug & Cosmetic Act (FDCA), because he had promoted the sleep medication Xyrem for …