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It is well founded that the pleading standard set forth in <i>Twombly</i> and <i>Iqbal</i> applies to claims involving Class III medical devices. In these actions, however, federal courts have taken different approaches to the application of the two rulings.
Features
Well-crafted policies and procedures are an essential part of the operation of modern health-care facilities. However, in the event of a bad outcome, policies and procedures become evidence in litigation, and "violations" frequently become the central focus of malpractice claims.
It is not uncommon for a couple to reconcile. The issue is what, if any, impact the couple's reconciliation has on their settlement agreement. The answer is: It depends.
Features
On Feb. 6, 2015, the Supreme Court of Canada issued a landmark ruling, overturning precedent only two decades after it held that Canadian citizens have the right to end their lives, but if done with the assistance of a physician, that physician could be held liable. This highly anticipated decision is expected to encourage the efforts of right-to-die advocates in the United States and abroad.
Columns & Departments
In-depth analysis of two important rulings.
Features
On Sept. 16, 2011, the America Invents Act became effective, including provisions directed at non-practicing entities, commonly known as "patent trolls." Many believe, however, that patent trolls are still a plague, and that more must be done to curtail abusive patent litigation. This has led to the introduction of several patent reform bills.
Columns & Departments
A manufacturer goes to court to challenge the FDA's restrictions on off-label drug use promotion.
This article discusses the risks associated with accepting assignment of a distressed health care provider's Medicare provider agreement, as well as providing suggestions for managing those risks.
When it comes to significant chunks of the white-collar criminal and regulatory landscape, practitioners often are forced to provide advice based on professional lore derived from negotiated settlements rather than enacted laws or judicially established case law.
Federal Circuit Interprets 'Broadest Reasonable Interpretation' Claim Construction Standard <br>Federal Circuit: Order Vacated After Claim At Issue Was Cancelled<br>Fed. Circuit: Claim Construction Based on Understanding of 'One Skilled In the Art' Is Reviewed For Clear Error