In this episode of the Diagnosing Health Care Podcast: Since the start of the COVID-19 pandemic, many jurisdictions have enacted protections from COVID-19-related liability claims through legislation and executive orders. These liability shields, however, may give health care businesses a false sense of security and offer little protection when it comes to employment claims.
New Jersey Finds Jury Waiver Too Ambiguous To Encompass Whistleblower Claims
New Jersey’s Appellate Division recently held that a jury waiver provision was unenforceable as to a former employee’s statutory employment claims. In Noren v. Heartland Payment Systems, Inc., Docket No. A-2651-13T3, __ N.J. Super. __ (Feb. 6, 2017), plaintiff signed an employment agreement with his then-employer that provided:
HPS and RM [employee] irrevocably waive
U.S. District Court Holds that FCA’s Retaliation Provision Requires “But-for” Causation
Last month, in United States ex rel. Helfer v. Associated Anesthesiologists of Springfield, Ltd., No. 3:10-cv-03076 (N.D. Ill. Jan. 14, 2016), the U.S. District Court for the Central District of Illinois held that the retaliation provision of the False Claims Act (“FCA”)
New Jersey Whistleblowers Must Identify A Specific Law Or Public Policy Before CEPA Claims Can Be Submitted To A Jury
By: Mollie O’Brien, James Flynn and Jiri Janko
The Supreme Court of New Jersey held on June 16th that a former registered nurse could not get his whistleblower claim to the jury because he failed to prove at trial that he held a reasonable belief that the conduct to which he objected violated a
OIG Pharmaceutical Compliance Roundtable Offers Insights into Effective Compliance Practices
On March 26, 2012, the U.S. Department of Health & Human Services Office of Inspector General (the “OIG”) published a report summarizing a February 23, 2012roundtable meeting between the OIG and compliance professionals from twenty-three pharmaceutical manufacturers. The compliance officers and other professionals attending the meeting all represented companies currently operating under Corporate Integrity Agreements