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Litigation Analysis

Sixth Circuit Rules “Smoking Gun” Email May Show Employee “Regarded As” Disabled Was Fired Under False Pretext

[11/21/19]

Posted on November 21, 2019 in HR Insights for Health Care, Litigation Analysis

Published by: Hall Render

On November 6, the Sixth Circuit Court of Appeals clarified the standard to establish a claim under the “regarded as” prong of discrimination under the Americans with Disabilities Act (“ADA”) and explained the type of evidence that supports an inference that an employer’s reasons for an employee’s termination are “pretextual” and actually motivated by discrimination. Factual Background A nurse anesthetist, Paula E. Babb, insisted her former employer... READ MORE

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U.S. Supreme Court Strikes Down Kentucky’s Effective Ban on Arbitration Agreements in Long-Term Care Setting

[05/17/17]

Posted on May 17, 2017 in Health Law News, Litigation Analysis

Published by: Hall Render

In a May 15, 2017 7-1[1] decision authored by Hon. Justice Kagan, the U.S. Supreme Court held that the Kentucky Supreme Court’s “clear statement rule” – that an agent can deprive her principal of the rights of access to the courts and trial by jury through an arbitration agreement only if expressly provided in... READ MORE

Wisconsin Court of Appeals Holds Health Care Records Confidentiality Statute Only Applies to Disclosures Outside the Organization

[09/02/16]

Posted on September 2, 2016 in Litigation Analysis

Written by: Sara J. MacCarthy

On August 30, 2016, the Wisconsin Court of Appeals (“Court”) affirmed the circuit court’s decision that a plaintiff had not stated a claim on which relief could be granted in an action against a hospital and its employees for alleged violations of Wis. Stat. § 146.82, regarding the confidentiality of health care records, and... READ MORE

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Wisconsin Supreme Court Strikes Down City’s Residency Requirement

[07/05/16]

Posted on July 5, 2016 in Litigation Analysis

Published by: Hall Render

On June 23, 2016, the Wisconsin Supreme Court ruled in a 5-2 opinion that the City of Milwaukee can no longer enforce a requirement that police, firefighters, teachers and other public workers maintain bona fide residence within the city boundaries. The ruling reverses the state appeals court’s decision that a 2013 state law, Wis.... READ MORE

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Sexual Assault Allegations Dismissed Under Wisconsin’s Three Year Statute of Limitations in Medical Malpractice Case

[07/05/16]

Posted on July 5, 2016 in Litigation Analysis

Published by: Hall Render

On June 23, 2016, the Wisconsin Supreme Court issued a decision enforcing the three-year statute of limitations in a medical malpractice action. What makes this otherwise routine decision noteworthy is its exceedingly rare context: sexual assault of minors by a family physician. Though the legal issue before the court was the application of the... READ MORE

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Wisconsin Supreme Court Clarifies Burden of Proof Required to Grant Involuntary Medication Extension Order

[02/23/16]

Posted on February 23, 2016 in Litigation Analysis

Published by: Hall Render

On July 11, 2013, the Wisconsin Supreme Court (“Court”) released its decision in Outagamie County v. Melanie L., reversing the decision of the Wisconsin Court of Appeals which affirmed the circuit court’s extension of an involuntary medication order.  The full text of the opinion can be found at (http://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=99311). Procedural Posture The case involved... READ MORE

Are Medical Records an Easy Target for Hackers?

[04/17/15]

Posted on April 17, 2015 in Litigation Analysis

Published by: Hall Render

The Journal of the American Medical Association recently reported data breaches have affected 29 million medical records. Of that number, approximately 60 percent of the breaches between 2010 and 2013 resulted directly from theft. These statistics reported by JAMA should leave many hospital administrators nervous about the possibility of future data breaches. A hospital’s... READ MORE

One Stamp, One Scam? Wisconsin Court of Appeals Upholds Separate Violation Per Individual Misrepresentation

[04/17/15]

Posted on April 17, 2015 in Litigation Analysis

Written by: Sara J. MacCarthy

In WI v. Going Places Travel Corp., Nos. 2014AP1859-62 (April 14, 2015), the Wisconsin Court of Appeals affirmed a $3.8 million restitution order and nearly $842,000 in forfeitures against companies (“Travel Services”) stemming from multiple misrepresentations and failures to disclose required information when selling travel club memberships to Wisconsin residents. In this case, Travel... READ MORE

To Compel to Sell: New Obligations for Mortgagee Banks

[04/02/15]

Posted on April 2, 2015 in Litigation Analysis

Written by: Sara J. MacCarthy

In Bank of New York Mellon v. Carson, 2015 WI 2015 (Feb. 17, 2015), the Wisconsin Supreme Court held that Wis. Stat. § 846.102, the statute governing the foreclosure of abandoned properties, authorizes circuit courts to compel mortgagees to bring an abandoned property to sale after the expiration of the five-week redemption period. The... READ MORE

U.S. Supreme Court Rejects Private Causes of Action Challenging Medicaid Reimbursement Levels

[03/31/15]

Posted on March 31, 2015 in Litigation Analysis

Published by: Hall Render

On Tuesday, March 31, the Supreme Court of the United States issued an opinion denying individual Medicaid providers the ability to sue state officials in court for failing to reimburse them appropriately under §1396a(30)(A) of the Medicaid Act. In a 5-4 decision, the Court rejected the providers’ argument that the Act or the Constitution... READ MORE