HIPAA, Tort Reform, and State Law Remedies for Violations

The demand for privacy law expertise continues to increase, as courts and lawmakers wrestle with the issue of what sorts of information are protected under the law, how violations are or should be enforced, what forms of recourse and relief are available to aggrieved parties, and where such relief may be obtained. The Eleventh Circuit


CNN: SCOTUS to hear Obamacare Challenge

Here is a video from CNN that outlines King v. Burwell, a new court case taken up by The Supreme Court of the United States, widely challenging Obamacare.  If the Court upholds the challengers to the Affordable Care Act, people in the 34 states using healthcare exchanges established by the federal government will no longer be


Supreme Court to Hear New Challenge to Obamacare

As reported by the New York Times, US Supreme Court announced today it will accept a new challenge to Obamacare (the Affordable Care Act), threatening the president’s signature piece of legislation. The case centers about “tax subsidies that are central to the operation of the health care law. According to the challengers, those subsidies are


Excerpt of APSCU vs US Lawsuit over For-Profit Universities

Here is an excerpt from the lawsuit filed by the Association of Private Sector Colleges and Universities (APSCU) against the US Department of Education and The United States at large.  As I wrote earlier today, this lobbying group is suing US federal government for enacting new regulations concerning for-profit universities. To be clear, these institutions


For-Profit Universities Sue US Government Over New Regulations

A recent article by Mother Jones titled “Subprime Students: How For-Profit Universities Make a Killing By Exploiting College Dreams” sheds light on the for-profit education racket: “While the for-profit business model has generally served investors well, it has failed students. Retention rates are abysmal and tuitions sky-high. For-profit colleges can be up to twice as


Punitive Damages, Deterrent Effect, and the Constitution

Judge Rebecca F. Doherty entered an amended judgment on October 27, 2014, reducing a $6 billion award of punitive damages against Takeda and a $3 billion award against Eli Lilly in Allen v. Takeda Pharmaceutical Co. Ltd. et al., Civil No. 6:12-cv-00064, a case in the Actos MDL, proceeding in the Western District of Louisiana,


Allegedly Defective Surgical Gowns and . . . Ebola?

A physician filed a proposed class action in the Eastern District of California (Hrayr Shahinian v. Kimberly-Clark Corp.,  Civil No. 2:14-cv-08390)  on October 30, 2014, alleging that  Kimberly-Clark Corp. , a  manufacturer of “Microcool”  surgical gowns, concealed that the gowns were defective.   The plaintiff argues that the gowns were marketed as providing the highest level


Can Flavanols from Cocoa Help Reverse Age-Related Memory Loss?

Recently, the NIH Director’s blog published an article titled “Could Flavanols Reverse Age-Related Memory Decline?” by  Dr. Francis Collins explaining that flavanols – antioxidant compounds found in cocoa beans – could help diminish and even reverse age-related memory loss. “In a study published in Nature Neuroscience, a research team partially funded by NIH has provided



Candidates Supporting Tort Reform Prevail in 2014 Midterm Elections

Yesterday, I wrote about four midterm races in which tort reform played a role.  Unfortunately, in each case, the candidate supporting tort reform won the election. Incumbent US Senator and minority leader, Mitch McConnell (R-KY), defeated challenger Alison Grimes with 56% of the vote.  The Republican party now controlling the Senate, Mr. McConnell is set