Last week, the Supreme Court of the United States heard argument in Badgerow v. Walters[1] as to an important jurisdictional question under the Federal Arbitration Act (“FAA”), 9 U.S.C. 1, et seq. Specifically, the question presented to SCOTUS was whether federal courts have subject-matter jurisdiction to confirm or vacate an arbitration award under
Medicare Update: You Could Face Big Penalties for the Failure to Report
CMS has released a Proposed Rule specifying how and when it must impose penalties on responsible reporting entities (RREs) that fail to meet their Section 111 reporting obligations. Here are the highlights:
- The Proposed Rule indicates that the maximum penalty of $1,000.00 per day per claimant would be adjusted annually for inflation. So for 2020,
Sharing is Not Caring: Copyright Violations in the Age of Email Distribution
Over the past few years, Energy Intelligence Group (“EIG”) – the New York and London-based publisher of 15 newsletters for the oil and gas industry – has sued more than a dozen energy companies and investment houses, alleging violations of federal copyright law. The alleged violations result from buying subscriptions to its publications (sent by
South Louisiana Flood Protection Authority Files Petition for Writ of Certiorari with the United States Supreme Court
Consistent with public comments that it will pursue all available appellate remedies, today the South Louisiana Flood Protection Authority filed a petition for a writ of certiorari with the United States Supreme Court, to seek review of the decision in Board of Comm. of the Southeast Louisiana Flood Protection Authority-East v. Tennessee Gas Pipeline Company
Forest Oil: Texas Supreme Court Rejects Exclusive Jurisdiction of the Texas Railroad Commission over Oilfield Contamination Claims
The Texas Supreme Court recently handed down a decision in Forest Oil Corp. v. El Rucio Land & Cattle Co., Inc., 14-0979, 2017 WL 1541086 (Tex. Apr. 28, 2017), that at first glance, is reminiscent of the landmark Louisiana legacy cases Corbello and Magnolia Coal. Forest Oil, like Corbello, supports the
United States Fifth Circuit Upholds Dismissal of Flood Protection Authority Case Against Oil and Gas Industry Members
On March 3, 2017, the United States Fifth Circuit Court of Appeals issued its long-awaited opinion in the matter of Board of Commissioners of the Southeast Louisiana Flood Protection Authority-East, et al. vs. Tennessee Gas Pipeline Company, LLC, et al., No 15-30162, Slip Op. (5th Cir. 3/3/17). The Fifth Circuit’s decision affirmed the
CMS Recovery and Reporting Thresholds
CMS issued an Alert on November 15, 2016, concerning 2017 Recovery Thresholds. On December 12, 2016, it issued another Alert regarding 2017 Reporting Thresholds. CMS also updated its NGHP User Guide on January 3, 2017.
The effect of the Alerts:
Reporting Threshold: $750.00 for liability insurance (including self-insurance), no-fault insurance, and workers’ compensation payments.
Medicare’s Commercial Repayment Center Means Business: Swift Deadlines on Conditional Payment Notices and Demand Letters
Historically, the Benefits Coordination and Recovery Center (“BCRC”) arm of the Centers for Medicare & Medicaid Services (“CMS”) collected Medicare’s conditional payments. While the BCRC continues to address Medicare’s reimbursement rights with Medicare beneficiaries, in late 2015 the CMS’s Commercial Repayment Center (“CRC”) took over responsibility for seeking reimbursement directly from Applicable Plans. Applicable Plans
Coastal Erosion Lawsuit against the Oil and Gas Industry Dismissed
A federal judge dismissed the lawsuit that the New York Times referred to as “The Most Ambitious Environmental Lawsuit Ever” on February 13, 2015, with a finding that the plaintiffs did not state a viable claim for relief.
The Board of Commissioners of the Southeast Louisiana Flood Protection Authority-East (“SLFPA-E” or “Authority”) filed a lawsuit
Update: Punitive Damages – “One Bite of the Apple” or Exception to Res Judicata
As previously reported, the Louisiana Supreme Court heard oral argument in Oleszkowicz v. Exxon Mobil Oil Corporation, et al. and Chauvin v. Exxon Mobil Corporation, et al., regarding the dispute as to whether claims for punitive damages are barred by res judicata. The court recently issued opinions in these cases.
To recap, a