Newsletters

07.27.16

California Supreme Court Clarifies Constitutional Limits on Punitive Damages

In Brandt v. Superior Court, the California Supreme Court held that when a plaintiff proves that an insurance company withheld policy benefits in bad faith, attorneys' fees reasonably incurred to compel payment of the benefits are recoverable as an element of damages.


07.27.16

Scalia's Death Has Limited Impact on Major Healthcare Cases

Justice Antonin Scalia's death apparently impacted only one of the four major healthcare cases pending before the United States Supreme Court this term.


07.27.16

The FCA: Escobar Means More Than You Think

On June 6, 2016, the Supreme Court issued a unanimous decision in the Medicaid case of Universal Health Services, Inc. v. United States ex rel. Escobar, adopting a form of the "implied certification" theory of knowingly fraudulent representations under the False Claims Act (FCA).


07.26.16

Manatt on Health Reform: Weekly Highlights, July 26, 2016

CMS’s increase of “income verification threshold” makes eligibility determinations easier for consumers; Oregon CO-OP policyholders can credit out-of-pocket spending towards new plans; and report finds that 13 million people would become Medicaid-eligible if non-expansion states ...


07.22.16

NY State Woefully Undervalues the Damages From MMA

New York State is requiring $1M of insurance for life-altering brain injuries resulting from mixed martial arts (MMA), which previously had been banned in New York.


07.21.16

“Official Acts”—What They Are… and Are Not

On June 27, 2016, the Supreme Court decided McDonnell v. U.S., holding that, for purposes of the federal public corruption statutes, an “official act” consists of a concrete decision or action taken with respect to a proceeding pending before a court, agency or committee, and that ...


07.21.16

Wikipedia Link Trips up Ninth Circuit False Ad Suit

Ruling that a California federal court incorrectly relied upon a Wikipedia link when considering a summary judgment motion in a false advertising suit, the Ninth Circuit Court of Appeals reversed dismissal of a suit against GNC Corporation.


07.21.16

Network Rules Occupy Second Circuit, U.S. Supreme Court

Issues surrounding network rules made headlines recently, with the Second Circuit Court of Appeals rejecting a $7.25 billion deal between Visa and MasterCard and approximately 12 million merchants claiming the networks worked together to fix credit and debit interchange fees, as well as the U.S. ...


07.20.16

Branded Content and Marketing

We are pleased to bring you this month's newsletter as the first edition under our new brand—"Manatt Digital."


07.19.16

FCC: U.S. Government Is Not a Person Under TCPA

In response to petitions filed by three government contractors seeking clarification that the federal government and its agents were exempt from liability under the Telephone Consumer Protection Act, the Federal Communications Commission issued a declaratory ruling on July 5, finding that the ...