Firm News

News

Health Care
[11/14] A look at the average American meat consumption
[11/13] Study: HPV vaccine prevents genital warts in males
[11/13] Aetna tells employees it will pursue staff cuts
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Personal Injury
[11/20] Dog hits controls, drives van into coffee house
[11/18] Maine man sheds 140 pounds to join the Marines
[11/12] W.Va. man beats health insurer in court over $40
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Top Headlines
[11/20] U.S. Top Court Won't Review Dismissal of MySpace Rape Case
[11/20] Defense Department Contract Law Unconstitutional, Court Says
[11/20] Judge orders release of 5 terror suspects at Gitmo
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Litigation
[11/14] Mass. settles with Big Dig contractor for $21M
[11/14] Tech billionaire to be sentenced for fraud Friday
[11/14] Indictment drafted in Blackwater shooting
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Case Summaries

Health Law

[11/19] Mission Hosp. Reg'l Med. Ctr. v. Shewry
In an action brought by over 100 state hospitals alleging section 32 of Senate Bill No. 1103, which froze reimbursement rates paid to noncontract hospitals for inpatient services during the state's 2004-2005 fiscal year, violated the Medicaid Act and that the Department of Health Care Services violated federal Medicaid regulation and state and federal protections, judgment rejecting most of plaintiffs' claims is reversed and remanded where: 1) the federal statute requiring notice and comment procedures applied to the state's action; 2) the state's process did not satisfy the federal statute; and 3) the trial court erred in its ruling under section (13)(A).
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Injury & Tort Law

[11/19] Bregin v. Liquidebt Sys., Inc
In a suit alleging retaliatory discharge and tortious interference with employment, summary judgment for defendants is affirmed where: 1) plaintiff did not identify any illegal acts which he was asked to commit, for which a retaliation claim could be brought; 2) state law did not provide a whistleblower exception to the employment-at-will doctrine; and 3) plaintiff did not make out a claim for tortious interference.
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Drugs & Biotech

[11/18] IMS Health Inc. and Verispan, LLC v. Ayotte, New Hampshire Attorney Gen.
A district court's finding that a state law, which prohibits certain transfers of physicians' prescribing histories for use in detailing, unconstitutionally abridged free speech, is reversed and the injunction against enforcement of the Prescription Information Law is vacated where: 1) regulated data transfers did not embody restrictions on protected speech under the First Amendment; 2) the state law regulated conduct, not speech; and 3) even if the Prescription Information Law amounted to a regulation of protected speech, it passed constitutional muster.
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Class Actions

[11/20] Newark Parents Ass'n v. Newark Pub. Sch.
In a putative class action by parents of students alleging that defendant-school district was failing to live up to its obligations under the No Child Left Behind Act (NCLBA), dismissal of claims is affirmed where the notice and supplemental-education-services provisions of NCLBA did not confer a private right of action upon aggrieved individuals.
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