In August of last year, a Colorado Federal District Court decided there is no private right of action under the privacy provisions of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Strangely, this case was not brought by an individual claiming the health care provider, a hospital, had violated the individual’s HIPAA rights. Instead, the suit was brought by the hospital against a publishing company that owns a newspaper. The suit alleged that the newspaper had published the hospital’s confidential peer-reviewed report that included negative information about a neurosurgeon on its staff. Go to entire article

In a given year, the average American teenager and young adult will spend 868 hours (36 days) online. Roughly 20 percent of this time is spent IM (IM). One recent study showed that of the 24 million U.S. teens that go online, one in five, or about 5 million, considers IM their primary means of communicating with their friends. Why are so may young Americans hooked on this technology? What can the American business man or woman learn from his/her son or daughter? If IM is such an important form of private communication in America, is there room for it in the American workplace? Can IM be an efficient and profitable means of conducting business? Or is IM just another type of electronic communication gadget along with e-mail, voice mail, paging, Blackberries, and cellular? Continue Reading Instant Messaging: Does It Belong In the Workplace?

Glenn M. Farnet recently won a significant products liability victory for Black & Decker (U.S.) Inc., in the United States Fifth Circuit Court of Appeals. While using a pneumatic brad nailer, the plaintiff was blinded in one eye after a nail ricocheted off of the work surface. The district court granted Black & Decker’s summary judgment motion on the ground that the plaintiff did not satisfy his burden of proving the “risk/utility” element of a defective design claim under the Louisiana Product Liability Act. The United States Fifth Circuit affirmed the ruling. Continue Reading Products Liability Victory on Summary Judgment

In December of 2004, Congress amended the Uniform Services Employment and Re-employment Rights Act (USERRA) 38 USC §§ 4301, et seq. The recent amendment (38 USC § 4334) requires that employers provide eligible employees with notice of their rights, benefits, and obligations under USERRA. The notice requirement can be met by posting a notice where employers customarily place notices for employees. The Secretary of the Department of Labor has developed a poster to comply with this new requirement. http://www.dol.gov/vets/programs/userra/poster.pdf

On February 3, 2005, the U.S. Environmental Protection
Agency (EPA) responded to two issues raised in petitions for reconsideration filed in response to EPA’s rule to implement the 8-hour ozone National Ambient Air Quality Standard (NAAQS). See, 70 Fed. Reg. 5593. The federal agency also proposed to revise two aspects of the implementation rule first published in the Federal Register on April 30, 2004 (69 Fed. Reg. 23,858). Go to Article

A recent decision of the Court of Appeals for the Fifth Circuit, Clara Patrick versus Tom Ridge, Secretary, Department of Homeland Security, No. 04-10194 (December 2004) shows how a lack Of “sufficient clarity” in articulating a reason for an employment decision can sometimes negatively impact an employer.

The employee in this case advanced charges of age discrimination and retaliation arising out of the employer’s refusal to promote her to a supervisory position for which she had applied. The district court had earlier dismissed the claims pursuant to a motion for summary judgment filed by the defendants. The Court of Appeals, however, reversed the dismissal and at the same time provided employers with a good reminder about the need to be able to articulate “specifics” in certain situations. The district court ruled (and the defendants did not challenge on appeal) that the employee succeeded
in making out a prima facie case for both age discrimination and retaliation. Continue Reading How Specific Do Employers Need to Be?

Business executives who face commercial lawsuits as plaintiffs or defendants understand the effect litigation has on a business. The following article addresses seven important issues that savvy business owners should be aware of – in the boardroom and in the courtroom – when it comes to commercial litigation. Continue Reading Commercial Litigation: Seven Practical Tips

The Centers for Medicare and Medicaid Services (CMS) recently issued Phase II of the Final Regulations to implement and enforce the federal physician self-referral law (otherwise known as the “Stark Law”). The Stark Law generally affects all business relationships between physicians and other health care providers. Physician practices should review all aspects of their business operations to ensure that they will not be subject to fines or penalties under the Stark Law for making a referral prohibited by the Stark Law.

A practical digest of Louisiana class action decisions prepared by:

The Honorable Thomas F. Daley
Louisiana Fifth Circuit Court of Appeal

Charles S. McCowan, Jr.
Kean Miller Hawthorne D’Armond McCowan & Jarman

Gerald E. Meunier
Gainsburgh, Benjamin, David, Meunier & Warshauer

Download the 2004 Digest.

To receive a copy of the upcoming 2005 digest, send an e-mail to: client_services@keanmiller.com

Several high-profile law firms have continued to file class action lawsuits against non-profit hospitals. The basis of these class action suits is that these hospitals have failed to meet their charity care requirements because of certain billing and aggressive collection practices against uninsured patients. Through mid-July, thirty-one lawsuits have been filed in federal court against nearly 300 hospital facilities in fifteen states including Louisiana. The lawsuits also name the American Hospital Association as a conspirator. Continue Reading Number of Non-Profit Hospitals Sued in Charity Care Class Actions Continues to Grow