Joining several other federal appellate courts including the Fourth and Ninth Circuits , on October 22, 2018 the Seventh Circuit concluded in Herrington v. Waterstone Mortgage Corporation, No. 17-3609 (7th Cir. Oct. 22, 2018) that the arbitrability of a class claim is one for the court to decide, not the arbitrator. In so doing, the court placed in jeopardy a $10 million arbitration award in a wage-hour case.
Monthly Archives: October 2018
Seventh Circuit Concludes That Courts, Not Arbitrators, Must Determine Whether Class Claims Are to Be Arbitrated
The rules on VAT-exempt intra-community supplies of goods have long been a source of worry for businesses. It is not uncommon for the tax authority to deny tax exemption on such transactions on the grounds that the goods never left the country. Although a recently accepted proposal by the EU clarifies the rules, complying with them entails a great deal of bureaucracy for companies that deliver to EU markets.
Delays in the payment of public construction contracts are an annoyance to contractors. The Charbonneau Commission even concluded that these delays are an element facilitating the involvement of organized crime in the public procurement process.
CMS Seeks to Revamp Medicare Part B Drug Reimbursement through Proposed International Pricing Index (IPI) Model
On October 25, 2018, the Centers for Medicare and Medicaid Services (CMS) released an advance notice of proposed rulemaking (ANPRM) to solicit feedback on its newly proposed International Pricing Index (IPI) model for Medicare Part B drug reimbursement. The IPI model will be tested by the CMS Innovation Center as a potential means to dismantle and replace the current buy-and-bill model and advance the Trump Administration’s agenda for drug pricing reform, as described in its May 2018 Blueprint to Lower Drug Prices and Reduce Out-of-Pocket Costs. The framework of the IPI model is characterized by three components designed to achieve the following objectives:
Greater guidance for reporting approved SMSF auditors
Welcome to the second issue of Hall & Wilcox’s newsletter for the public sector, Public Law.
The Medicare Payment Advisory Commission (“MedPAC”) met in Washington, D.C., on October 4-5, 2018. The purpose of this and other public meetings of MedPAC is for the commissioners to analyze existing challenges and issues within the Medicare program and to provide future policy recommendations to Congress. MedPAC issues these recommendations in two annual reports, one in March and another in June. These meetings offer a comprehensive perspective on the current state of Medicare as well as future outlooks for the program.
Lidings experts have authored the The Pharma Legal Handbook: Russia – practical directory focused on the key aspects of legislative regulation of pharmaceutical industry in Russia.
The “care, custody or control” exclusion clause, as reviewed and discussed by the Supreme Court of Canada
In 2005 and 2006, Éconolodge was offering travellers a fixed price package that included parking, a night’s stay, breakfast, and shule transportaon to the neighbouring airport. The package was especially popular during winter, when the lure of southern sun and warmth is irresisble to many. In January 2005, however, such a customer’s vacaon ended abruptly when he found out that his car was missing when he returned to the hotel. Aer paying compensaon for the loss, his insurer filed a subrogated claim against the hotel, holding it liable for the loss of the vehicle. The hotel called in warranty Lombard, its own liability insurer, who denied coverage under the “care, custody or control” exclusion.
Recent comments by the Federal Trade Commission (FTC) Commissioner Rohit Chopra should have companies on notice for increased enforcement actions across the board. During the “Privacy. Security. Risk.” Conference in Texas last week, Chopra made comments regarding his views on increasing enforcement, including the imposition of greater civil monetary penalties. “I’ve already raised concerns about settlements we do with no monetary penalties. I want to see monetary consequences for egregious breaking of the law” said Chopra as reported by the IAPP during a live podcast taping. Chopra also stated that he was troubled by current federal enforcement action in the United States, the answer to which appears in part to come with heftier fines.