Tag Archives: interest

Literal falsity about independence of tests/test results supports $18 million in disgorgement (incl. interest)

Dyson, Inc. v. SharkNinja Operating LLC, 2019 WL 1454509, No. 14 C 9442 (N.D. Ill. Mar. 31, 2019)Dyson sued SharkNinja in 2014 for false advertising.  SharkNinja won summary judgment except for Dyson’s literal falsity claim for the period from August … Continue reading

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FDA Takes Interest in Compounding Medications; Does this Mean Compounded Medications Will be Included in WCMSAs in the Future?

Last week the Food and Drug Administration’s (FDA) Commissioner, Scott Gottlieb, M.D. and Deputy Commissioner, Anna Abram issued a statement on new 2019 efforts to improve the quality of compounded drugs.  The statement can be found here.  Interestingly in 2018, the … Continue reading

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The Likes of Sedgwick, Reed Group, Cigna, or Aetna Can Have a Conflict of Interest When Acting as a Third-Party ERISA Claims Administrator

Many large companies offer employees “self-insured” or “self-funded” ERISA plans to provide disability insurance or health insurance benefits. However, these companies are not in the business of administering health or disability claims. This makes sense. Boeing doesn’t know how to … Continue reading

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German Federal Supreme Court – Legal Interest for the Declaration of Non-Infringement

Birgit Kramer and Florian FussederThe German Federal Supreme Court has decided on what is necessary to establish a legal interest in a declaratory judgment of non-infringement under German law. The Supreme Court’s decision, which we will discuss in this post, … Continue reading

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US Supreme Court Signals Interest in FCA Pleading Requirement and the Appointments Clause

There is an important pleading standard question being posed to the US Supreme Court in the petition for writ of certiorari by Intermountain Healthcare (IHC) in a False Claims Act (FCA) case filed by a whistleblower in 2012. The issue … Continue reading

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