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Searching Content indexed under Litigation, Mediation & Arbitration by McDermott Will & Emery ordered by Published Date Descending.
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1
Third Circuit Perpetuates Tuomey's Controversial Stark Law "Volume Or Value" Standard
In U.S. ex rel. J. William Bookwalter, III, M.D. et al. v. UPMC et al., the US Court of Appeals for the Third Circuit endorsed two controversial interpretations of the Stark Law's...
United States
11 Oct 2019
2
Remuneration? Not If It's Fair Market Value, Says Eleventh Circuit
Bingham v. HCA, Inc., a recent Eleventh Circuit case, highlights the centrality of fair market value to Anti-Kickback Statute (AKS) analyses.
United States
7 Oct 2019
3
A New Landscape For Businesses With California Operations, Thanks To A.B. 5
This month, Assembly Bill 5 (A.B. 5) was signed into California law. A.B. 5 codifies the "ABC Test"—used to determine if a worker is an independent contractor
United States
4 Oct 2019
4
Federal Court Certifies Class In Multiple-Plan ERISA Challenge To Health-Plan And Retirement-Plan Fees
A Texas federal court certified a class in case brought by participants in one plan, and allowed those participants to represent participants in unaffiliated plans.
United States
12 Sep 2019
5
Ninth Circuit Answers Some Questions About Arbitration Of ERISA Claims
In two opinions—one published and one unpublished—the Ninth Circuit overturned prior precedent and held that a Plan amendment requiring arbitration meant that an individual
United States
9 Sep 2019
6
Court Dismisses Challenge To TTB's Rejection Of Health Claims On Vodka
In August, the US District Court for the District of Columbia issued its final decision in Bellion Spirits, LLC v. United States, Civ. No. 17-2538 (JEB).
United States
9 Sep 2019
7
Third Circuit Upholds Decision Blocking Trump Administration's Birth Control Rules
A Third Circuit appeals panel upheld the lower court ruling in Commonwealth of Pennsylvania v. President United States of America et al. No. 17-3752.
United States
30 Aug 2019
8
Vultures Circling As Bill To Expand California FCA To Tax Looms In Legislature
Legislators in Sacramento are mulling over one of the most (if not the most) troubling state and local tax bills of the past decade
United States
28 Aug 2019
9
Federal Court Dismisses Challenge To ESOP Transaction
In Lee v. Argent Trust Co., the court dismissed ERISA claims challenging an ESOP stock transaction because the plaintiff, who "fundamentally misunderstands the nature of the" ESOP transaction, did not allege that she suffered any injury.
United States
15 Aug 2019
10
Big ERISA Decisions On The Horizon—SCOTUS To Review Third ERISA Case This Term
The US Supreme Court recently agreed to review the Eighth Circuit's decision in Thole v. US Bank, in which the Eighth Circuit held that participants in an overfunded defined benefit pension plan
United States
30 Jul 2019
11
SCOTUS Refuses To Review Ninth Circuit Ruling On ACA Birth Control Rules
The US Supreme Court declined to review a recent Ninth Circuit decision, blocking the interim rules that exempted employers with religious or moral objections from providing birth control
United States
19 Jul 2019
12
Implications Of The Supreme Court's Tennessee Retailers Decision
As virtually everyone in the US alcohol beverage industry knows, last week the US Supreme Court handed down its opinion in Tennessee Wine and Spirits Retailers Assn
United States
16 Jul 2019
13
Court Rules That Wind Farm Did Not Provide Proof Of Development Fee To Receive 1603 Cash Grant
On June 20, 2019, the United States Court of Federal Claims published its long-awaited opinion in California Ridge Wind Energy, LLC v. United States
United States
11 Jul 2019
14
Unanimous Supreme Court Ruling Expands Statute Of Limitations For Filing Qui Tam Cases
On May 13, the US Supreme Court (the Court) unanimously ruled in Cochise Consultancy, Inc., v. U.S. ex rel. Hunt that the "government knowledge" statute of limitations under the federal False Claims
United States
2 Jul 2019
15
Supreme Court Agrees To Hear Sulyma v. Intel Statute-Of-Limitations Decision
The US Supreme Court recently agreed to hear Sulyma v. Intel Corp. Investment Policy Committee.
United States
1 Jul 2019
16
Mississippi Supreme Court Ruling Reinstates Claims Against Anheuser-Busch, Mitchell Distributing
On May 23, the Mississippi Supreme Court published its opinion in the case of Rex Distributing Company v. Anheuser-Busch, LLC, et al.
United States
19 Jun 2019
17
Sixth Circuit Decision Affirms Summary Judgment Against Antitrust Challenge To Hospital Joint Operating Company's Contracting Conduct
A recent decision by the US Court of Appeals for the Sixth Circuit is important for competitors involved in joint ventures because it states what mode of antitrust analysis
United States
7 Jun 2019
18
Arbitration Clause In Beer Distribution Agreement Enforced By The Virginia ABC
On May 7, 2019, the Virginia Department of Alcoholic Beverage Control (VABC) published a decision confirming the enforceability of arbitration clauses in distribution agreements ...
United States
4 Jun 2019
19
District Court Decision Rejects Commerce Clause Challenge To Missouri's Retailer Wine Shipping Laws
On Friday, March 29, the US District Court for the Eastern District of Missouri handed down its decision in Sarasota Wine Market v. Parson, No. 4:17CV2792.
United States
12 Apr 2019
20
Eighth Circuit Rejects FCA Claim For Failure To Allege Actual Claims For Payment
On February 11, 2019, the Eighth Circuit affirmed the dismissal of a group of relators' qui tam suit against Crawford County Memorial Hospital for failure to meet the pleading standards required
United States
21 Mar 2019
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