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Searching Content by Reed Smith ordered by Published Date Descending.
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1
Monitoring The Death Of Medical Monitoring
If not yet dead, the medical monitoring claim itself is hooked up to monitors and the prognosis is not good.
United States
17 Aug 2017
2
CMS Proposes Cancellation of Medicare Cardiac/Hip Fracture Episode Payment Models, Scale-Back of Mandatory CJR Participation
Signals Trump Administration's About-Face on Obama-Era Mandatory Innovation Models
United States
17 Aug 2017
3
Suitability Of Swaps Documentation To The Blockchain Considered By ISDA
On August 3, 2017, the International Swaps and Derivatives Association ("ISDA") released a whitepaper that considers whether derivative contracts could operate on a blockchain (the "Whitepaper").
United States
16 Aug 2017
4
New Favorable Risperdal Decisions
Risperdal, an antipsychotic drug prescribed to treat serious mental conditions – schizophrenia, manic depression, and autism – allegedly causes some male users to develop abnormal breast tissue growth.
United States
16 Aug 2017
5
Causation Testimony Excluded in Heart-Lung Bypass Machine Death Case – Again
Not even three weeks ago, back on July 28, we discussed the court's rigorous application of Daubert in excluding expert medical causation opinions in Smith v. Terumo Cardiovascular Sys. Corp., a federal case in the district of Utah.
United States
15 Aug 2017
6
NYC Proposes Ban On Non-Competes
New York City, which for years has been a trailblazer in employee-friendly workplace legislation, is at it again. Late last month, the NYC Council proposed a bill that would prohibit non-compete agreements...
United States
15 Aug 2017
7
Robert Jaworski to Speak on TRID Compliance at MBA Conference
Bob Jaworski will be speaking at the Mortgage Bankers Association of America's annual Regulatory Compliance Conference in Washington, D.C..
United States
15 Aug 2017
8
CMS Boosts Medicare Inpatient Psychiatric Facility Rates by $45 Million for FY 2018
CMS has published a notice with comment period updating prospective payment system (PPS) rates for Medicare services furnished by inpatient psychiatric facilities (IPFs) during fiscal year (FY) 2018.
United States
12 Aug 2017
9
Proposed Internet of Things Cybersecurity Bill May Create Hurdles for Government Contractors
The federal government dramatically has increased its spending in recent years on Internet of Things ("IoT") devices, including biosensors that can gather medical and security data from soldiers and vehicles in the field; ..
United States
12 Aug 2017
10
CMS Again Extends HHA/Ambulance Enrollment Moratoria in Selected States to "Prevent and Combat Fraud, Waste, and Abuse"
The Centers for Medicare & Medicaid Services (CMS) has once again extended for six months its "temporary" moratoria on the Medicare, Medicaid, and Children's Health Insurance Program (CHIP) enrollment of new nonemergency ground ambulance suppliers and home health agencies (HHAs) in selected states, effective July 29, 2017.
United States
12 Aug 2017
11
Compensatory Damages Allowed to Stand in Depakote Trial, Despite Adequate Warnings and Lack of Warnings Causation
We are beginning to feel like the Drug and Device Law theatre critic. Or perhaps we should say "theatre cheerleader," as we rarely wax critical (at least about the stuff we include in our blog posts).
United States
11 Aug 2017
12
CMS Issues Final FY 2018 SNF PPS Update; Rates to Increase by 1%
CMS has released its final rule to update Medicare skilled nursing facility (SNF) prospective payment system (PPS) rates and policies for FY 2018, which begins October 1, 2017.
United States
10 Aug 2017
13
A Tale as Old as Time … A Beauty and a Beast
The beast part may be a bit of an exaggeration, but it serves the purpose of depicting what at least on the surface are two very opposite things. But if you delve more deeply, you find a lot of similarities.
United States
10 Aug 2017
14
CMS Finalizes 1% Update to Medicare IRF Rates for FY 2018; Payments to Rise by $75 Million
CMS has finalized Medicare prospective payment system (PPS) rates for inpatient rehabilitation facility (IRF) services for fiscal year (FY) 2018, which begins October 1, 2017. CMS estimates that IRF PPS payments will increase by 0.9% overall ($75 million) under the final rule compared to FY 2017 levels.
United States
10 Aug 2017
15
Employers Beware: Fifth Circuit Narrows "Fluctuating" Workweek
In a recent Wage and Hour development, the Fifth Circuit held that the "fluctuating workweek method," which allows employers to decrease their liability for overtime payments in situations where they misclassify exempt employees, should not automatically be used where the employee works a different number of hours each week based on a recurring, fixed schedule.
United States
10 Aug 2017
16
Delaware Publishes Draft Unclaimed Property Audit Regulations
For the second time this year, the Delaware Department of Finance has published draft regulations governing unclaimed property audits.
United States
9 Aug 2017
17
The Luck of The Draw: A Strong Preemption Ruling from an Anticoagulant MDL
We have offered our view that cases seeking to impose liability based on well-known risks found with an entire class of prescription medications tend to be weak. We think design defect claims usually are clearly preempted in this context and warnings claims will often be preempted too, even with Levine's high "clear evidence" hurdle.
United States
9 Aug 2017
18
Seventh Circuit Affirms Dismissal Of FCRA Class Claims Based On Job Application Credit Reports Due To Lack Of Standing
Initially, the Seventh Circuit analyzed cases Plaintiff cited as examples of standing being offered in similar circumstances.
United States
9 Aug 2017
19
Personal Jurisdiction Moves Front And Center In The Pinnacle Hip Implant MDL
Posts on personal jurisdiction, or the lack of it, have been all over this blog ever since the Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court.
United States
9 Aug 2017
20
Laura Brett Selected As New NAD Director
Last week, Laura Brett was named director of the National Advertising Division of the Advertising Self-Regulatory Council ("NAD").
United States
9 Aug 2017
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