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In late September 2024, the U.S. Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) announced a settlement with Cascade Eye and Skin Centers, P.C., a health care provider in the state of Washington (“CESC”), concerning potential violations of the Health Insurance...
This month’s Friday Five covers cases relating to Long-COVID, a class action RICO suit, the physical illness exclusion to accidental death and dismemberment claims, consideration due to an Administrative Law Judge’s disability determination, and self-reported claims of fatigue. The Saul Ewing ERISA...
Unlike casual gaming, esports involves professional players, structured tournaments, and often large audiences, both online and in-person, akin to traditional sports events. With its own ecosystem of leagues, sponsors, and media coverage, esports has evolved into a global phenomenon, drawing...
This month’s Friday Five discusses cases addressing the effect of continuing to receive benefits during the period of alleged disability, reliance on an employer’s records in making a disability determination, the admissibility of expert and lay testimony from a physician in a trial over LTD...
On August 1, 2024, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced a civil monetary penalty of $115,200 against American Medical Response (“AMR”) based on a complaint that AMR failed to provide a patient with timely access to their medical records...
This month’s Friday Five explores decisions from around the country discussing differences between the scope of discovery and ability to add documents to the record on a claim for review challenging the denial of LTD benefits, LTD and LWOP policies, the breadth of discretion available to claims...
Welcome to Saul Ewing’s Public Companies Quarterly Update series. Our intent is to, on a quarterly basis, highlight important legal developments of which we think public companies should be aware. This edition is related to developments during the second quarter of 2024. If you would like to discuss...
In July 2024, Pennsylvania enacted two significant pieces of legislation relating to telemedicine and physician noncompetition agreements that will have a meaningful impact within the healthcare delivery system with the state. What You Need to Know: Act 42 expands the use of and ensures...
On July 17, 2024, Delaware Governor John Carney signed into law the 2024 amendments to the General Corporation Law of the State of Delaware (the “DGCL”), the Delaware Limited Liability Company Act (the “LLC Act”), the Delaware Revised Uniform Limited Partnership Act (the “LP Act”), the Delaware...
Pennsylvania recently enacted two new insurance laws that significantly expand the permissible kinds of value-added products and services that may be provided by insurance licensees in general and the fees that may be charged by surplus lines licensees to an insured in a personal lines policy...
On July 1, 2024, the U.S. Department of Health and Human Services (“HHS”) Office For Civil Rights (“OCR”) announced a $950,000 settlement with Heritage Valley Health System (“Heritage Valley”) and a three-year Corrective Action Plan (“CAP”). What You Need to Know: HIPAA Security Rule (and Privacy...
This month’s Friday Five explores decisions addressing the burden of proving accidental death, policy language and “any occupation” disability, an interpleader case where the insurer was not dismissed from the case, the weight to be afforded to non-treating expert opinions and SSDI determinations...
The Clean Air Act (“CAA”) envisions states and the federal government working together to improve air quality. Under the CAA, states must develop State Implementation Plans (“SIPs”) to implement National Ambient Air Quality Standards (“NAAQS”) set by the EPA. The EPA can reject a SIP and impose its...
Introduction On June 18, 2024, the Federal Trade Commission (“FTC”) unanimously agreed to submit a comment supporting a recent proposed U.S. Patent and Trademark Office (“PTO”) rule that would mandate the disclosure of all settlement agreements made between parties appearing before the Patent Trial...
On June 28, 2024, in Loper Bright Enterprises v. Raimondo, the United States Supreme Court reversed its 40-year-old decision in Chevron v. Natural Resources Defense Council, thereby restoring the judiciary’s final authority to interpret statutes, a powerful check on administrative agency authority...
On June 27, 2024, the Supreme Court released its highly anticipated opinion in Harrington v. Purdue Pharma L.P., Case No. 23-124. The question before the Court was whether the bankruptcy code authorizes a court to approve, as part of a chapter 11 plan, a release that extinguishes claims held by...
On June 24, the Supreme Court granted certiorari review in a case with serious implications for those seeking federal permits which, in turn, require environmental impact statements under the National Environmental Policy Act (“NEPA”). NEPA is the most litigated federal environmental statute, and a...