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Drug & Device News
News of importance to you and your practice.
Features
FCA and ACA Pose Perils for Med-Mal Defendants
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).
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Professional vs. Ordinary Negligence in the Health Care Setting
The precise line of where ordinary negligence ends and professional negligence begins has remained rather murky. Here's why this makes a difference.
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Love Affairs and Long-Arm Statutes
The tentacles from the seven states recognizing the tort of alienation of affection continue their broad reach throughout the 50 states.
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Practice Tip: The Use of Cy Pres Funds in Class Action Litigation
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
Two recent cases highlight issues of importance to practitioners. One case dealt with preemption; the other with discovery sanctions.
Features
Pharmaceutical Companies, Off-Label Promotion And Qui Tam Actions
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.
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