Articles and Blogs

On May 23, 2022, the U.S. Supreme Court issued a decision that significantly impacts a litigant’s right to compel arbitration and the circumstances that may result in a decision that a litigant has waived its right to compel arbitration. The Case In Morgan v. Sundance, Inc., an hourly employee at a fast food franchise... READ MORE

Recently, the Seventh Circuit, in Proctor v. Safeway, Inc., clarified what it means to act with reckless disregard in respect to claims brought under the False Claims Act (“FCA”). ­__ F.4th ­__, No. 3:11-CV-3406, 2022 WL 1012256, (7th Cir. 2022). In doing so, the court stated that authoritative guidance must be truly authoritative in... READ MORE

The Plaintiff, a board-certified obstetrician and gynecologist, was initially granted clinical privileges at a North Carolina Hospital (the “Hospital”) in 2010. Privileges were granted according to the Medical Staff Bylaws. Notably, in this jurisdiction, the Bylaws “formed a contract” between Plaintiff and the Hospital. In May 2017, Plaintiff was informed that she would not... READ MORE

The Sixth Circuit Court of Appeals recently held that the statute of limitations period for retaliation claims under the False Claims Act (“FCA”) begins to run on the date of the alleged retaliatory event, and not the date the plaintiff discovers the retaliatory event. Case Background In 2008, the plaintiff physician joined a Michigan-based... READ MORE

On November 30, 2021, a federal district court in Louisiana granted a nationwide injunction against the implementation of CMS’s Interim Final Rule requiring vaccines (“IFR”) for employees and providers at most health care facilities. The government promptly appealed that injunction. The Fifth Circuit has not yet ruled on the merits but on December 15... READ MORE

In The Judge Rotenberg Educational Center, Inc. v. United States Food and Drug Administration, the U.S. Court of Appeals for the D.C. Circuit overturned a 2020 Food and Drug Administration (“FDA”) rule banning the use of electrical stimulation devices to treat patients suffering from severe self-injurious and aggressive behaviors. The court concluded the FDA... READ MORE

The United States Court of Appeals, Eleventh Circuit, recently issued an opinion reaffirming the need for counsel in qui tam cases under the False Claims Act (“FCA”). In particular, pro se plaintiffs, or individuals proceeding without attorney representation, filed suit against multiple defendants alleging qui tam claims under the FCA as well as 21... READ MORE

The U.S. Supreme Court recently expanded its unanimous 2012 ruling in Hosanna-Tabor Evangelical Lutheran Church,[1] where it first applied to a parochial school teacher the “ministerial exception” to federal anti-discrimination employment laws. The exception is an outgrowth of the First Amendment’s Free Exercise and Free Establishment clauses, which protect the right of religious institutions... READ MORE

This week, the Equal Employment Opportunity Commission (“EEOC”) rescinded a nearly 22-year-old policy opposing mandatory arbitration agreements in employment discrimination disputes imposed as a condition of employment. The 1997 Policy In 1997, the EEOC took the position that “agreements that mandate binding arbitration of discrimination claims as a condition of employment are contrary to... READ MORE

On November 6, the Sixth Circuit Court of Appeals clarified the standard to establish a claim under the “regarded as” prong of discrimination under the Americans with Disabilities Act (“ADA”) and explained the type of evidence that supports an inference that an employer’s reasons for an employee’s termination are “pretextual” and actually motivated by discrimination. Factual Background A nurse anesthetist, Paula E. Babb, insisted her former employer... READ MORE