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Northern District of Texas Orders Patent Royalty Dispute to Arbitration
November 4, 2014
The Northern District of Texas in Dallas has ordered a patent royalty dispute to arbitration. In Sazy v. DePuy Spine, LLC, No. 3:13-CV-4379-L (N. D. Tex., Sept. 18, 2014), a Texas physician entered into a Product Development Agreement (“PDA”) with several related corporations (“DePuy”) in early 2002. The agreement contained a Supplementary Agreement that outlined the circumstances under which the doctor could earn royalties if the proposed surgical mesh product became sold commercially. The PDA also...
November 4, 2014
The Northern District of Texas in Dallas has ordered a patent royalty dispute to arbitration. In Sazy v. DePuy Spine, LLC, No. 3:13-CV-4379-L (N. D. Tex., Sept. 18, 2014), a Texas physician entered into a Product Development Agreement (“PDA”) with several related corporations (“DePuy”) in early 2002. The agreement contained a Supplementary Agreement that outlined the circumstances under which the doctor could earn royalties if the proposed surgical mesh product became sold commercially. The PDA also...
N.D. of Texas Compels Arbitration and Urges Mediation in Infectious Disease Doctors’ Insurance Dispute
October 30, 2014
The Northern District of Texas has ordered a portion of a dispute between a medical practice and an insurance company to arbitration and urged the parties to mediate their remaining claims. In Infectious Disease Doctors P. A. v. Bluecross Blueshield of Texas, No. 3:13-CV-02920-L (N. D. Tex., September 30, 2014), an infectious disease medical practice, Infectious Disease Doctors (“IDD”), sought payment from Bluecross Blueshield of Texas (“BCBSTX”) for services rendered to patients in Texas...
October 30, 2014
The Northern District of Texas has ordered a portion of a dispute between a medical practice and an insurance company to arbitration and urged the parties to mediate their remaining claims. In Infectious Disease Doctors P. A. v. Bluecross Blueshield of Texas, No. 3:13-CV-02920-L (N. D. Tex., September 30, 2014), an infectious disease medical practice, Infectious Disease Doctors (“IDD”), sought payment from Bluecross Blueshield of Texas (“BCBSTX”) for services rendered to patients in Texas...
Texas Supreme Court Hears Oral Argument Over Possible FAA Preemption in Nursing Home Case
October 27, 2014
On Tuesday, the Supreme Court of Texas heard oral argument in Fredricksburg Care Co., L.P. v. Perez, No. 13-0573. In the case, a Texas nursing home sought appellate review after the Fourth Court of Appeals in San Antonio denied its motion to compel arbitration in a wrongful death lawsuit based on the requirements set forth in the Texas Medical Liability Act (“TMLA”). The issue presented in the case is: The Federal Arbitration Act preempts state laws which restrict arbitration agreements. The McCarran-Ferguson...
October 27, 2014
On Tuesday, the Supreme Court of Texas heard oral argument in Fredricksburg Care Co., L.P. v. Perez, No. 13-0573. In the case, a Texas nursing home sought appellate review after the Fourth Court of Appeals in San Antonio denied its motion to compel arbitration in a wrongful death lawsuit based on the requirements set forth in the Texas Medical Liability Act (“TMLA”). The issue presented in the case is: The Federal Arbitration Act preempts state laws which restrict arbitration agreements. The McCarran-Ferguson...
Experts Predict ADR Will Help Resolve ACA Claims
October 20, 2014
The use of ADR to resolve healthcare-related claims will increase with the implementation of the Patient Protection and Affordable Care Act (ACA). Experts predict the increase will stem from the need to reduce costs as well as the healthcare groups that will bring new disputes for resolution. Dr. Leonard Fromer, an assistant clinical professor at the UCLA School of Medicine and a board member of TransforMED, LLC, said the passage and implementation of the ACA is “moving healthcare from a volume-based...
October 20, 2014
The use of ADR to resolve healthcare-related claims will increase with the implementation of the Patient Protection and Affordable Care Act (ACA). Experts predict the increase will stem from the need to reduce costs as well as the healthcare groups that will bring new disputes for resolution. Dr. Leonard Fromer, an assistant clinical professor at the UCLA School of Medicine and a board member of TransforMED, LLC, said the passage and implementation of the ACA is “moving healthcare from a volume-based...
Lex Machina Out With Legal Analytics for Big Pharma
October 17, 2014
Drug manufacturers and their counsel get legal analytics for litigation in new drug applications Lex Machina, a provider...
October 17, 2014
Drug manufacturers and their counsel get legal analytics for litigation in new drug applications Lex Machina, a provider...
AAA Training: Advanced Training in Health Care Mediation (Nov. 12 -13; Dallas)
October 8, 2014
The field of health care, with its myriad interconnected “players” and complexity of transactions, has long been fertile ground for many types of disputes and conflicts, ranging from general contract matters to medical malpractice issues. With the advent of the Affordable Care Act, it is especially incumbent upon experienced mediators interested in mediating health care-related matters to become well-educated in the nuances and uniqueness of disputes and conflicts within the field. This two-day,...
October 8, 2014
The field of health care, with its myriad interconnected “players” and complexity of transactions, has long been fertile ground for many types of disputes and conflicts, ranging from general contract matters to medical malpractice issues. With the advent of the Affordable Care Act, it is especially incumbent upon experienced mediators interested in mediating health care-related matters to become well-educated in the nuances and uniqueness of disputes and conflicts within the field. This two-day,...
Can a Computer Replace Your Doctor?
September 21, 2014
As a former physician, I shivered a bit when I heard Dr. Vivek Wadhwa say he would rather have an artificial-intelligence doctor than a human one. “I would trust an A.I. over a doctor any day,” he proclaimed at a recent health innovation conference in San Francisco, noting that artificial intelligence provided “perfect knowledge.” When asked to vote, probably a third of those in attendance agreed. But it made sense: Dr. Wadhwa is a professor, entrepreneur and technology visionary. What’s...
September 21, 2014
As a former physician, I shivered a bit when I heard Dr. Vivek Wadhwa say he would rather have an artificial-intelligence doctor than a human one. “I would trust an A.I. over a doctor any day,” he proclaimed at a recent health innovation conference in San Francisco, noting that artificial intelligence provided “perfect knowledge.” When asked to vote, probably a third of those in attendance agreed. But it made sense: Dr. Wadhwa is a professor, entrepreneur and technology visionary. What’s...
Do Physicians Respond to Liability Standards?
September 20, 2014
Michael Frakes (Northwestern), Matthew Frank (Harvard student), & Seth Seabury (RAND) have posted to SSRN Do Physicians Respond to Liability Standards?. The abstract provides: In this paper, we explore the sensitivity in the clinical decisions of physicians to the standards of care expected of them under the law, drawing on the abandonment by states over time of rules holding physicians to standards determined by local customs and the contemporaneous adoption of national-standard rules. Using...
September 20, 2014
Michael Frakes (Northwestern), Matthew Frank (Harvard student), & Seth Seabury (RAND) have posted to SSRN Do Physicians Respond to Liability Standards?. The abstract provides: In this paper, we explore the sensitivity in the clinical decisions of physicians to the standards of care expected of them under the law, drawing on the abandonment by states over time of rules holding physicians to standards determined by local customs and the contemporaneous adoption of national-standard rules. Using...
Arbitration: Innovative Problem Solving for Health Care Business Disputes
July 13, 2014
Register for the latest CLE from the American Bar Association Health Law Section. Arbitration: Innovative Problem Solving for Health Care Business Disputes Thursday, July 31, 2014 12:00 PM - 1:30 PM Eastern 1.5 CLE Requested Webinar Our team of expert panelists will: Provide innovative techniques for arbitration proceedings Demonstrate "managerial" techniques to avoid the costs and delays associated with traditional litigation Discuss drafting of arbitration clauses that promote...
July 13, 2014
Register for the latest CLE from the American Bar Association Health Law Section. Arbitration: Innovative Problem Solving for Health Care Business Disputes Thursday, July 31, 2014 12:00 PM - 1:30 PM Eastern 1.5 CLE Requested Webinar Our team of expert panelists will: Provide innovative techniques for arbitration proceedings Demonstrate "managerial" techniques to avoid the costs and delays associated with traditional litigation Discuss drafting of arbitration clauses that promote...
Court Won’t Upset Settlement or Fees In Dentists’ Suit Against Horizon
April 22, 2014
The New Jersey Supreme Court will not disturb a class-action settlement between Horizon Blue Cross Blue Shield of New Jersey and about 17,000 dentists alleging improper claims processing and violations of state prompt-payment laws. Nor will the court consider a request to enhance counsel fees, which leaves the plaintiffs' law firm, Roseland's Mazie Slater Katz & Freeman, about $190,000 short of what it was seeking. The court's April 8 decision, declining to hear appeals in Kirsch v. Horizon,...
April 22, 2014
The New Jersey Supreme Court will not disturb a class-action settlement between Horizon Blue Cross Blue Shield of New Jersey and about 17,000 dentists alleging improper claims processing and violations of state prompt-payment laws. Nor will the court consider a request to enhance counsel fees, which leaves the plaintiffs' law firm, Roseland's Mazie Slater Katz & Freeman, about $190,000 short of what it was seeking. The court's April 8 decision, declining to hear appeals in Kirsch v. Horizon,...
