Business Law

The Court largely denied franchisor plaintiff and counter-defendant ReBath LLC’s motion to exclude the expert testimony of franchisee defendant and counter-plaintiff HD Solutions, LLC’s (“HDS”) damages expert. Read more

All BLS members are invited to attend the July 27, 2022, Zoom meeting of the IDEAA Subcommittee at 3:30 pm. James Hadden, a director of the Museum of Us, will talk about the institutional change the Museum undertook in view of diversity and inclusion principles. The Museum of Us, known for decades as the San Diego Museum of Man, is an institution with deep colonial roots. Read more

Ostensible agency theory fails where patient’s personal physician performs surgery at a hospital. Read more

The Bankruptcy Appellate Panel for the Sixth Circuit (the BAP) recently held that the “shared-responsibility payment” (SRP) assessed under the Affordable Care Act (ACA) for failure to purchase health insurance was a “tax” measured by income for priority purposes in a bankruptcy proceeding. In re Juntoff, 636 B.R. 868 (6th Cir. BAP March 21, 2022). Read more

Joining the litany of recent cases which address standing in Fair Debt Collection Practices Act (FDCPA) actions, the Seventh Circuit Court of Appeals (the Court) ruled that a consumer who received a dunning letter from a debt collector seeking to collect time-barred debt did not experience sufficient concrete injury to have Article III standing to assert the federal claims. Pierre v Midland Credit Management, Inc., 2022 WL 986441 (7th Cir. April 1, 2022). Read more

Medicare’s low-income patient hospital reimbursement adjustment is based on individuals “entitled” to Part A benefits, even if Medicare doesn’t pay for their treatment. Read more

It was not an April Fool’s joke when on April 1, 2021, the Ninth Circuit Bankruptcy Appellate Panel (“BAP”) affirmed the decision of the Oregon bankruptcy court denying the discharge of debtor Peter Szanto (“Szanto”) under Bankruptcy Code sections 727(a)(2)(B), (4)(A), (4)(D), and (6)(A). Read more

It was not an April Fool’s joke when on April 1, 2021, the Ninth Circuit Bankruptcy Appellate Panel (“BAP”) affirmed the decision of the Oregon bankruptcy court denying the discharge of debtor Peter Szanto (“Szanto”) under Bankruptcy Code sections 727(a)(2)(B), (4)(A), (4)(D), and (6)(A). Read more

The Seventh Circuit Court of Appeals (the Court) recently ruled that an asset purchaser who knew of but ignored a third party’s right of first refusal was not a good-faith purchaser protected by §§ 363(f) and (m) of the Bankruptcy Code. Archer-Daniels-Midland Company v. Country Visions Cooperative, 2022 WL 998984 (7th Cir. April 4, 2022). Read more

HHS may not vary Medicare prescription drug reimbursement rates by hospital group unless it surveys hospital acquisition costs. Read more