Journal seeks to end ban on Medicare data
Legal Topics | 2011/01/25 17:16

The publisher of The Wall Street Journal went to court Tuesday seeking to overturn a 31-year ban on the release of records about how much Medicare money individual doctors receive.

Dow Jones & Company Inc. filed papers in federal court in Orlando in an effort to end a prohibition that was implemented in 1979 following a successful lawsuit in Florida by the American Medical Association.

Dow Jones called the ban outdated and said it had limited the data reporters for The Wall Street Journal were able to obtain last year for a series of stories that examined abuses in the Medicare system.

"There is no legally supportable justification for maintaining a sweeping and obsolete injunction that for over thirty years has prevented the American public from knowing the true extent of Medicare waste, abuse and fraud," Dow Jones said in its filing.

The president of the American Medical Association said that members of the public could draw misleading conclusions from the data if it is released, given its complexity and "significant limitations."

"Physicians who provide care to Medicare patients are already subject to widespread governmental oversight," Dr. Cecil Wilson of Winter Park, Fla., said in a statement. "These federal agencies and contractors have access to the full range of Medicare data and are aggressively ferreting out improper claims."



Court won't stop class-action suit against Pella
Headline Legal News | 2011/01/18 20:35

The Supreme Court won't stop the class-action certification of a lawsuit against Pella Corp. over a purported defect in one of its windows.

The high court on Tuesday refused to hear an appeal from the window-maker.

The lower courts have certified a class-action lawsuit against Pella. The lawsuit alleges that Pella's aluminum clad wood "Proline" casement windows have a design defect that allows water to seep behind the aluminum cladding. They claim that allows the wood to rot at an accelerated rate, and that Pella committed consumer fraud by not declaring publicly the role that the purported design flaw had in the rot.

But Pella fought the class-action certification, saying consumer fraud claims are inappropriate for class treatment.



Court won't hear appeal from NY couple
Legal Topics | 2011/01/17 20:35

The Supreme Court won't overturn the convictions of a suburban New York City couple convicted of enslaving two Indonesian housekeepers.

The high court on Tuesday refused to hear appeals from Mahender and Varsha Sabhnani that sought to overturn their forced-labor convictions.

The couple was convicted of enslaving two domestic servants the couple brought from Indonesia by keeping their travel documents and having them perform forced labor on their behalf.

Prosecutors said Varsha Sabhnani was primarily responsible for inflicting years of abuse on the poorly educated servants. They said her husband let the abuse take place and benefited from the work the women performed in their $2 million Long Island home.

Varsha Sabhnani says pre-trial publicity prevented her from getting a fair trial, while her husband argues that he shouldn't have been convicted for aiding and abetting because he didn't stop his wife.



Court hears challenge to $65M Facebook settlement
Areas of Focus | 2011/01/13 17:11

Former Harvard University classmates of Facebook founder Mark Zuckerberg want to throw out a $65 million settlement of their lawsuit that alleged the social network was their idea.

Lawyers for twins Tyler and Cameron Winklevoss argued their case before the 9th U.S. Circuit Court of Appeals on Tuesday. They claim they were duped into agreeing to the 2008 settlement after Facebook lawyers and executives misrepresented the value of the company.

But the three-judge appeals panel appeared reluctant to reopen the case. According to the San Jose Mercury News, the judges noted that the Winklevosses were well-educated and had good legal advisers at the time, so they should have known what they were getting into.



Former Attorney General Mike Cox will join Dykema Gossett
Court Watch | 2011/01/13 17:11

Former Michigan Attorney General Mike Cox will join Detroit-based Dykema Gossett PLLC as a senior attorney in its litigation department, the law firm CEO confirmed today.

Cox, 49, who ended eight years as the state's chief law enforcement officer on Jan. 1, starts next Monday at Dykema's Detroit office. He will practice in health care fraud, white-collar criminal law and federal and state regulatory compliance, said Dykema Chairman and CEO Rex Schlaybaugh.

Schlaybaugh said the firm leadership had talked with Cox for more than a month about his options upon leaving office. The attorney general seemed a good fit because of his involvement in health care transactions and the federal Patient Protection and Affordable Care Act, enacted last year.

"Mike is someone with a great deal of experience with the complexities of implementing that law and a great interest in it, which will be very important to some of our strategic clients," Schlaybaugh said.

"Many federal and state government agencies are also involved in aspects of these laws, and navigating that will be a high-demand area. In that way, I think he dovetails with our firm's needs very nicely."

Cox's health care practice will focus on client responses to increased compliance and tougher anti-fraud policies stemming from the Affordable Care Act, violations of the federal Stark Law or False Claims Act and responses to inquiries from the Office of the Health Services inspector general.



NJ Supreme Court Justice limits protest
Legal Topics | 2011/01/13 13:10

A New Jersey Supreme Court justice who refused to participate in all decisions while a temporary judge is assigned to the bench has tempered his protest.

Justice Roberto Rivera-Soto said in an opinion published Wednesday that he will issue decisions in cases in which Judge Edwin Stern participates, so long as the judge's vote doesn't affect the outcome.

Rivera-Soto said he'll continue to defer a decision to vote in cases where Stern's position changes the outcome.

Rivera-Soto maintains it's unconstitutional to have a temporary justice on the court when a quorum of five is present. Chief Justice Stuart Rabner appointed Stern to fill a vacancy that occurred when Gov. Chris Christie did not reappoint Justice John Wallace in May, leaving the seven-member court one member short.

Democrats who control the state Senate have refused to consider Christie's choice to replace Wallace, corporate lawyer Anne Patterson.



Judge approves $179M settlement for AK Steel retirees
Headline Legal News | 2011/01/11 17:11

U.S. District Judge Timothy Black has approved a previously disclosed $179 million settlement and entered a final judgment in a dispute between AK Steel and retirees at its Butler, Pa., steel plant.

The AK Steel retirees had filed a class-action lawsuit in June 2009 to stop the company from making changes to their health insurance benefits. It had started making retirees pay a portion of their premiums in January 2010.

West Chester-based AK Steel is the largest Dayton-area company, with more than $4 billion in revenue.

Under the terms of the settlement, AK Steel will continue to pay for the benefits through 2014 and also pay $91 million to two trusts to cover future benefits for hourly and salaries retirees.

In return, the company has been relieved of liability for any benefits after 2014, and the lawsuit was dismissed.



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