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Author Archives: Kimberly Atkins

Waiting for guidance, PI lawyers stymied by Medicare secondary payer process (access required)

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WASHINGTON — Long-awaited regulations governing the way litigants in personal injury cases with future medical bills should reimburse the government for Medicare payments could come as soon as this year. But new rules governing Medicare’s secondary payer system could bring ...

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Supreme Court order adds twist to contraception mandate challenges (access required)

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WASHINGTON — A one-page, non-merits order from the U.S. Supreme Court has infused new energy into court challenges brought by nonprofit employers who claim that the Affordable Care Act’s contraception coverage requirement violates their constitutional and statutory religious rights. The ...

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Patent ruling leaves lingering questions on burden of proof (access required)

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WASHINGTON — The U.S. Supreme Court’s ruling in Medtronic, Inc. v. Mirowski Family Ventures, LLC No. 12-1128, clarified the burden shifting framework for certain types of claims stemming from patent licensing agreements. But patent attorneys remain unsure whether patent licensors ...

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Justices grapple with proximate cause in child porn case (access required)

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WASHINGTON — The justices of the U.S. Supreme Court struggled to determine how mandatory statutory damages to victims of child pornography should be allocated among those convicted of possessing and viewing the material, and what proof is required to establish ...

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Mass. buffer zone law may be at risk (access required)

U.S. Supreme Court

WASHINGTON — A Massachusetts law that created a fixed 35-foot buffer zone around the entrances, exits and driveways of clinics where abortions are performed could be in peril — along with similar laws in states across the country. During oral ...

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