Cigarette name brands Winston, Kool, Salem, and Maverick must be divested by tobacco companies Reynolds and Lorillard to settle FTC charges that their proposed $27.4 billion merger would likely be anticompetitive, the agency announced today (In the M
The owner of a working interest in a carbon-dioxide (CO2) well in Mississippi was unable to demonstrate antitrust injury in a suit alleging that an oil and gas company sells CO2 to its subsidiary at an artificially low price and pays its royalty owne
A Wisconsin-based mortgage lender, Associated Bank, N.A., and the U.S. Department of Housing and Urban Development have agreed to resolve HUD's "redlining" claims under the federal Fair Housing Act against the lender for disparate treatment of
A debt collector that bought a national bank's charged-off credit card accounts could not rely on federal preemption to block a state-law usury suit, the U.S. Court of Appeals for the Second Circuit has decided. Since no national bank retained any
There’s an old adage that “words are never a provocation.” But we all realize that words, in fact, can wound and leave deep and lasting scars on their victims. Courts have recognized that racial epithets and terms that conjure up racial stereotypes provide ample cause for an employee to feel the heat of a hostile [...]
By Lorene D. Park, J.D. Rejecting every argument put forth by an employee who appealed a federal court’s decision to lift a stay on his former employer’s breach of contract suit, the Tenth Circuit concluded that it had jurisdiction to hear the appeal, that the arbitration was had “in accordance with” the agreement between the parties, [...]
CMS has released an advance copy of its long-awaited proposed rule to update the standards and requirements for Medicaid managed care plans. Scheduled to appear in the Federal Register on Monday, June 1, 2015, the proposal would: (1) increase states?
A claimant who was denied Medicare coverage of laboratory testing did not have standing to sue because she was not required to pay for the testing and therefore could not allege a concrete injury, a district court ruled in granting a motion to dismis
A review by the HHS Office of Inspector General (OIG) found that HHS met many of the requirements of the Improper Payments Information Act of 2002, but did not fully comply for fiscal year (FY) 2014 (OIG Report, No. A-17-15-52000, May 18, 2015).
Some health plans have proposed significant increases in their proposals for 2016 insurance premiums in some states under the Patient Protection and Affordable Care Act (ACA) (P.L. 111-148). According to reporting in the Wall Street Journal (WSJ), pl
Senator Pat Roberts (R-Kan) has introduced a bill that would establish the Office of the Special Inspector General for Monitoring the Affordable Care Act. The bill, S. 1368, states, "The writing, passage, and implementation of the [Patient Protecti
The "employer's liability" exclusion in a restaurant's umbrella commercial liability policy did not preclude coverage for a negligence suit brought by a restaurant employee against the policy's "additional insureds," who were the owners
State-law claims brought against a "Write-Your-Own" flood insurer by the owners of a home damaged as a result of Hurricane Ike were not preempted by federal law to the extent that they were insurance-procurement claims, the U.S. Court of Appeals
The federal district court in San Francisco has whittled three patents from Unwired Planet LLC's patent infringement suit against Apple, Inc. Remaining for trial is Unwired Planet's claim that Apple directly infringed a patent for identifying the
An accused party's belief in the invalidity of a patent is not a defense to a claim that the party induced infringement of the patent, the U.S. Supreme Court has held. In a dispute between Commil USA and accused infringer Cisco Systems, the Court r
Citing Illinois precedent establishing the state's common law learned intermediary doctrine, a federal district court in Illinois refused to carve out exceptions to that doctrine for cases involving direct-to-consumer advertising or compensation to
The parents of a child who developed seizures after receiving injections of the drug Botox® presented sufficient causation evidence to support their negligence claim on which a jury awarded the parents, individually and on behalf of their child, $2.
FINRA Chair and CEO Richard Ketchum repeated his pitch for a best interest standard for broker-dealers in place of the expanded fiduciary standard proposed by the Department of Labor. He outlined a number of concerns with the DOL proposal and said a
The U.S. Supreme Court has denied an investor's petition to resolve a question as to whether Item 303 of Regulation S-K can serve as the basis of a duty to disclose material information for the purposes of liability under Exchange Act Section 10(b)