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Features

FCA and ACA Pose Perils for Med-Mal Defendants Image

FCA and ACA Pose Perils for Med-Mal Defendants

Gregory B. Heller

Changes to the Patient Protection and Affordable Care Act (ACA) now make it easy for individuals who have gained information during the discovery process in a medical malpractice suit to use that information to bring a <i>qui tam</i> action under the False Claims Act (FCA).

Features

Professional vs. Ordinary Negligence in the Health Care Setting Image

Professional vs. Ordinary Negligence in the Health Care Setting

Michael C. Ksiazek

The precise line of where ordinary negligence ends and professional negligence begins has remained rather murky. Here's why this makes a difference.

Features

Litigation Image

Litigation

ALM Staff & Law Journal Newsletters

A look at recent key cases.

Features

Love Affairs and Long-Arm Statutes Image

Love Affairs and Long-Arm Statutes

William R. Wright

The tentacles from the seven states recognizing the tort of alienation of affection continue their broad reach throughout the 50 states.

Features

Practice Tip: The Use of Cy Pres Funds in Class Action Litigation Image

Practice Tip: The Use of Cy Pres Funds in Class Action Litigation

Ronald J. Levine & Yael Weitz

Any product liability litigator who prosecutes or defends class actions should be familiar with the concept of "cy pres" ' which has been the subject of significant recent attention by the courts and commentators.

Features

Air Bag Warning Claim Preempted Image

Air Bag Warning Claim Preempted

Michael Hoenig

Two recent cases highlight issues of importance to practitioners. One case dealt with preemption; the other with discovery sanctions.

Features

In the Courts Image

In the Courts

ALM Staff & Law Journal Newsletters

In-depth analysis of recent key cases.

Features

Business Crimes Hotline Image

Business Crimes Hotline

ALM Staff & Law Journal Newsletters

Recent rulings of interest.

Features

Pharmaceutical Companies, Off-Label Promotion And Qui Tam Actions Image

Pharmaceutical Companies, Off-Label Promotion And Qui Tam Actions

Randall L. Christian, Jason H.Casell & Francisco T. Rivas

In pharmaceutical actions, most false claims <i>qui tam</i> actions brought by whistleblowers involve off-label promotion, kickbacks, pricing allegations, and reimbursement abuses. Although these start out as civil lawsuits, they often end with the DOJ pressing charges against the pharmaceuticals manufacturer.

Features

Attorneys and Whistleblowing Image

Attorneys and Whistleblowing

Howard W. Goldstein

A recent opinion from the Southern District of New York indicates that lawyers will typically be prohibited from bringing <i>qui tam</i> actions against their former clients. And the new Dodd-Frank regulations expressly limit when an attorney can reap a whistleblower reward.

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