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April

Blog Posts in April, 2018

  • Arbitration is King: $50M RICO Suit Sent to Arbitration

    The Federal Arbitration Act (FAA) has been challenged numerous times since its inception, but the Supreme Court continuously upholds arbitration clauses because arbitration helps keep the court system moving and can keep costs down by avoiding costly litigation. Arbitration presents a powerful tool when used correctly. However, arbitration is a double-edged sword that can potentially cut the other ...
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  • Beware Statute of Limitations Dates for Every Aspect of a Suit

    The statute of limitations can present issues for attorneys and clients when they begin to get close to that end-date. For a personal injury suit in Texas, a plaintiff must bring suit within two years from the date the cause of action accrues. Accordingly, the plaintiff not only must bring suit within that two-year window, but also must use due diligence to serve the defendant with service of ...
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  • Attorney Sanctioned for Use of Pre-Trial "Push Poll" Survey

    Pre-trial surveys are a tactic used by attorneys sometimes to gauge public awareness of an issue or to get a read on a community. These types of pre-trial activities can draw heavy scrutiny from the court and opposing counsel as they may believe that the attorney conducting the survey is attempting to sway public opinion on the matter. Surveys like these must be neutral and used for informative ...
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  • California Continues to Chip Away at the Duty to Defend in Insurance Cases

    The opioid epidemic still presents a large problem for lawmakers and health care providers as opioid use continues to hurt communities and destroy lives. It is estimated that 116 people die every day from overdoses linked to opioid usage, according to an article by the U.S. Department of Health and Human Services. This issue affects millions of people as around 2.1 million people suffer from an ...
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  • Cedra Pharmacy Claims Insurer, UnitedHealth, Pushing Them Out of Markets in RICO Suit

    In a RICO suit filed in the Southern District of Texas in December 2017, Cedra Pharmacy is claiming that UnitedHealth Group is excluding its new locations in California and Texas from its pharmacy benefits manager (PBM) network, Catamaran/OptumRX, in an attempt to lower competition in the specialty-drug market. Specifically, Cedra claims that the Defendants are engaging in “a pattern of economic ...
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