The U.S. Supreme Court recently struck down a North Carolina law that allowed state officials to seize one-third of a medical malpractice settlement paid to a Medicaid recipient. In the case, Wos v. EMA, North Carolina claimed over $900,000 of a legal settlement won by the parents of a 13-year-old girl born with serious injuries that… Read more »
In Young v. United Parcel Service, Inc., — F.3d –, 2013 WL 93132 (4th Cir. Jan. 9, 2013), the United States Court of Appeals for the Fourth Circuit held that employers do not need to provide preferential treatment to pregnant employees simply because the employee is pregnant. More specifically, the Fourth Circuit held that: (1) the… Read more »
If securing the dismissal of an indictment is a monumental task, and it is, then successful pursuit of Hyde Amendment petition is surely a Rushmorian achievement. The daunting burden of Hyde Amendment claims was on full display in Monday’s decision by the Third Circuit, affirming the U.S. District Court for the District of New Jersey’s… Read more »
In addition to providing for employer liability for discrimination claims, the Pennsylvania Human Relations Act (“PHRA”) and similar local laws, including Allegheny County’s Human Relations Ordinance, Philadelphia’s Fair Practices Ordinance and Pittsburgh’s Fair Practices Ordinance, contain provisions giving employees or applicants an additional claim of aiding and abetting liability against individual defendants. Notably, however, if… Read more »
Articles contained in this issue of the CLE: New “OSHA Counsel Assist” Coverage Offered by AIG OSHA Penalties/The “Other” Overhead Exposing the “Green” Myth The Faulty Workmanship/Occurrence Debate Takes On Constitutional Dimensions: Statutory Changes to Existing Policies Declared Unconstitutional in Two States Voluntary Layoff-Retirement: Can Unemployment Be Awarded? Pennsylvania’s Small Business Procurement Initiative: What You… Read more »
As the Marcellus Shale boom continues to proliferate across the Mid-Atlantic, those involved with operations and wastewater disposal must remain committed to maintaining and improving compliance efforts. While the specific environmental regulations and enforcement priorities relating to that industry may not be quite settled, there continues to be signs that DOJ remains willing to take… Read more »
Principal Deputy Attorney General Stuart F. Delery, who heads DOJ’s Civil Division, used last Friday’s speech to the Second Annual Consumer Protection Summit at Georgetown University School of Law to review the 2012 accomplishments of the Consumer Protection Working Group. In his remarks, he highlighted the efforts of the Consumer Protection Branch in securing of… Read more »
Marc S. Raspanti and Pamela C. Brecht will present, “What Should You Know About the Medicare Part D Program But Were Afraid to Ask,” at PBI’s 19th Annual Health Law Institute at the Philadelphia Convention Center in Philadelphia, PA on March 12-13, 2013. Related Information: Program Information
Michael A. Morse will present, “Reporting and Returning Medicare Overpayments: The 60-day Rule and False Claims Act Liability,” at PBI’s 19th Annual Health Law Institute at the Philadelphia Convention Center in Philadelphia, PA on March 12-13, 2013. Related Information: Program Information
Tyler J. Smith will be presenting at the Pennsylvania Bar Institute’s 19th Annual Health Law Institute seminar held in Philadelphia on March 12-13, 2013. “Practice Before the Pennsylvania State Boards: Investigation of Claims, Formal Disciplinary Proceedings and Defenses” Come to be equipped with relevant information and practical considerations surrounding the protection and preservation of a professional… Read more »