Chamber Litigation Blog

September 23, 2021

Ethan P. Davis, Yelena Kotlarsky, and Evan Ennis, King & Spalding LLP

This week’s top False Claims Act developments include: DOJ’s continued emphasis on FCA cases involving Medicare Part C, DOJ’s expanding focus on telemedicine fraud, and a petition to the Seventh Circuit in an FCA case for rehearing en banc.

September 20, 2021

Jason A. Levine, Gillian H. Clow, and Giles Judd

This post’s top COVID-19 litigation developments are: Arizona’s lawsuit challenging the Biden Administration’s recent vaccination mandates; a Massachusetts Supreme Judicial Court decision broadly applying a prior emergency order that tolled the deadline for civil lawsuits due to the pandemic; StubHub’s settlement of state lawsuits over its pandemic refund policy; and an EEOC lawsuit against an employer for its alleged failure to reasonably accommodate a worker who was allegedly at high risk if she were to contract COVID-19.

September 9, 2021

Paul B. Murphy, Amy Boring, and William S. McClintock, King & Spalding LLP

This week’s top False Claims Act (FCA) developments include: another FCA settlement involving Medicare Part C; entry of consent judgments over $15 million to resolve FCA and Controlled Substances Act (CSA) allegations; continued FCA enforcement against alleged CARES Act related fraud; and a Delaware court opinion requiring an insurer to advance costs for a FCA civil investigative demand (CID) defense.

August 30, 2021

Jason A. Levine, Ryan Martin-Patterson, & Stephen Tagert

This week’s top COVID-19 litigation developments are: the U.S. Supreme Court’s decision rendering inoperative the CDC’s moratorium on residential evictions; decisions by several Texas courts against Governor Abbott’s attempt to ban mask mandates; the Ninth Circuit’s decision upholding Los Angeles’ local residential eviction moratorium; Apple’s motion to dismiss a suit over its refusal to sell certain COVID-19-related apps on the “App Store”; and a lawsuit by Ohio hospital workers seeking to invalidate their employers’ vaccine mandates.

August 26, 2021

Craig Carpenito, Yelena Kotlarsky, and Alex Blumberg, King & Spalding LLP

This week’s top False Claims Act (FCA) developments include: a major decision out of the D.C. Circuit upholding the Medicare Part C Overpayment Rule, with important implications for potential FCA exposure for private insurers; a Seventh Circuit decision raising the bar on the FCA’s scienter requirement; and a heated exchange between DOJ and counsel for FCA defendants over DOJ’s criticism of defense discovery requests, previously discussed here.

August 23, 2021

Jason A. Levine, Gillian H. Clow, and Giles Judd

This week’s top COVID-19 litigation developments are: Lufthansa’s proposed $60.1 million settlement of ticket-refund litigation; the Texas Education Agency’s announcement that Governor Abbott’s ban on mask mandates in schools is not currently being enforced due to litigation; a motion to dismiss a lawsuit by students against the University of Massachusetts’ vaccine mandate, along with the settlement of a similar suit by a George Mason University professor; and a negligence lawsuit against Walgreens over its accommodations for customers vaccinated at the pharmacy.

August 20, 2021

The U.S. Chamber Litigation Center yesterday took over the Institute for Legal Reform’s podcast, Cause For Action, to provide listeners with a look back at the Supreme Court’s most recent Term and a preview of the Court’s October Term 2021.  While many court-watchers are still enjoying their summer break, the Litigation Center is already looking ahead to the next round of opportunities to advocate for business in our nation’s highest Court.

August 19, 2021

Paul Lettow, U.S. Chamber Litigation Center

The U.S. Chamber has submitted a comment letter to the President’s Commission on the Supreme Court that underscores the importance of preserving the Supreme Court—and the rule of law upon which the nation and its private sector depend— against a partisan push to expand the number of Supreme Court justices.

August 16, 2021

Jason A. Levine, Ryan Martin-Patterson, and J. Stephen Tagert

This week’s top COVID-19 litigation developments include: multiple lawsuits against Texas and Florida over statewide bans on mask requirements; complaints filed against California and Los Angeles County over their respective residential eviction moratoriums; and the U.S. Supreme Court’s refusal to enjoin Indiana University’s vaccination mandate for returning students.

August 12, 2021

John C. Richter, Amy Boring, and Christina Kung, King & Spalding LLP

This week’s top False Claims Act developments include: FDA’s final intended use rule for medical products; DOJ’s recent intervention in six FCA cases involving Medicare Part C; a Fifth Circuit decision that emphasizes the importance of vigorous litigation with regard to privilege issues; expanding FCA risks for private equity firms; and an aggressive theory of liability being put forth by the government in a reverse FCA case.

August 9, 2021

Jason A. Levine, Gillian H. Clow, and Giles Judd

This week’s top COVID-19 litigation developments include: new complaints against Grubhub over delivery surcharges during the pandemic; accusations that a New York City hotel used the pandemic as an excuse to fire older workers and replace them with younger ones; a proposed $85 million settlement to resolve class actions over “Zoombombing”; and a proposed class action challenging the University of Massachusetts’ vaccination mandate for students.

August 2, 2021

Jason A. Levine, Gillian H. Clow, and Ryan Martin-Patterson

This week’s top COVID-19 litigation developments include: the Biden Administration’s issuance of new guidance about “long COVID” as a federally-recognized disability; the 11th Circuit’s decision upholding a stay of CDC restrictions on the cruise industry; a new suit against the State of Florida over its termination of CARES Act federal unemployment benefits; a new securities suit against a pharmaceutical company over a purported COVID-19 treatment; and a motion to dismiss a refund suit filed by the official U.S. seller of tickets to the Tokyo Olympics.

July 29, 2021

Jeffrey S. Bucholtz, Ethan P. Davis, Jamie Lang, Yelena Kotlarsky, King & Spalding LLP

This week’s top False Claims Act developments include: new proposed legislation aimed at making the FCA more relator-friendly; DOJ’s recent efforts to discourage defendants from trying to use discovery to induce DOJ to dismiss declined qui tam cases; predictions about an uptick in FCA investigations stemming from funds distributed as part of the COVID-19 Provider Relief Fund; and a decision that may help DOJ use local Medicare coverage determinations to demonstrate falsity.  

July 28, 2021

Check out some of the victories the Litigation Center recently helped secure for businesses in state and federal courts.

July 26, 2021

Jason A. Levine, Giles Judd, and J. Stephen Tagert, Alston & Bird LLP

This past week’s top COVID-19 litigation developments were: a decision upholding Indiana University’s vaccination mandate for returning students; a new shareholder derivative action claiming that a pharmaceutical company improperly interfered with a COVID-19 treatment’s clinical trial; and the dismissal of a suit for business interruption insurance coverage based on a “virus” exclusion in the policy.

July 15, 2021

Jeffrey S. Bucholtz, Ethan P. Davis, Jamie Lang, Amy Boring, King & Spalding LLP

This biweekly blog will explore top False Claims Act (FCA) developments.  We’ll cover the waterfront, including significant resolutions with DOJ, important judicial decisions, speeches by government officials, and much more.  Most of our posts will be high level and designed for a quick read, but we’ll occasionally publish in-depth pieces on specific topics. 

In this inaugural edition, you can read about a Fifth Circuit decision addressing DOJ’s authority to dismiss qui tam FCA suits brought by private relators; an uptick in enforcement against skilled nursing facilities; a D.C. Circuit decision involving fraudulent inducement liability; and an interesting concurring opinion from D.C. Circuit Judge Neomi Rao.

July 12, 2021

Jason A. Levine, Gillian H. Clow, and Giles Judd, Alston & Bird LLP

This week’s top COVID-19 litigation developments include: an insurer’s declaratory judgment action against The Walt Disney Company concerning the scope of its business interruption coverage; a Washington federal court’s denial of class certification in a COVID-19 exposure suit against a global cruise line company; and Google’s motion to dismiss a proposed class action over its contact-tracing app.

July 6, 2021

Jason A. Levine, Ryan Martin-Patterson, and Stephen Tagert

This week’s top COVID-19 litigation developments include: the Supreme Court’s refusal to halt enforcement of the CDC’s residential eviction moratorium; a New Jersey court’s rejection of business interruption insurance claims by the parent company of Versace; and a challenge to the constitutionality of a Nevada law that prevents certain efforts to collect medical debts incurred during the pandemic.

June 30, 2021

The Supreme Court’s decision in TransUnion v. Ramirez is one of the most important of the Term for business.  There’s no doubt it dealt a serious blow to abusive, no-injury class actions.  But just how far did it go?  Andrew J. Pincus, Archis A. Parasharami & Daniel Jones of Mayer Brown wrote this excellent blog post to answer that question.

Spoiler alert: it goes pretty far. 

June 21, 2021

Jason A. Levine, Ryan Martin-Patterson, and Stephen Tagert, Alston & Bird LLP

This week’s top COVID-19 litigation developments include: the dismissal of a suit filed by employees challenging two Texas hospitals’ workplace vaccination mandates; a securities fraud lawsuit filed by the SEC against a healthcare company over its claims about test kits and disinfectants; and an insurance coverage suit concerning the Marriott Boston Long Wharf hotel, the site of an early super-spreader event.