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Significant Developments in Medicare Law

…pliance, such that penalties should not be assessed. Comments must be submitted by February 10, 2014. 1 See “MMSEA Section 111 Dollar Threshold Exemption Decreases April 1, 2012,” found at: https://condonlaw.com/2012/03/mmsea-section-111-threshold-dollar-exemption-decreases-april-1-2012/); see also “Additional Responsibilities for Those Liable to Medicare Beneficiaries;” “Section 111’s New Direct Data Entry Option for Small Reporters;” “Section 11…
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LegalTech 2013: Emerging Trends Underscore Need for Information Governance

…r. 26, 2012)); In re Actos (Pioglitazone) Prods. Liab. Litig., MDL No. 6:11-md-2299 (W.D. La. filed July 27, 2012); Global Aerospace, Inc. v. Landow Aviation, LP, No. CL 61040 (Va. Cir. Ct. filed Apr. 23, 2012); Kleen Prods. LLC v. Packaging Corp. of Am., 2012 WL 4498465 (N.D. Ill. Sept. 28, 2012); EORHB, Inc. v. HOA Holdings LLC, Civil Action No. 7409-VCL (Del. Ch. Oct. 15, 2012) Hr’g Tr. 66-67. ² 2012 WL 607412 at *12. ³ Kevin Johnson & Tony DeL…
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New Rules Issued By the U.S. Department of Transportation Pursuant to the Air Carrier Access Act Take Effect

…essibility Guidelines 2.0 Level AA standard, an internationally-recognized website-accessibility standard. Carriers must test their websites to ensure accessibility and usability. If a passenger with a disability contacts a carrier by means other than its website, such as by telephone or in person at a ticket counter, and states that he or she is unable to use the website due to a disability, the carrier must: 1) provide web-based services to the…
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ADA Preemption—Ninth Circuit Rules that State Law Claims Relating to Airline Collection of Mexican Tourism Tax are Preempted by Federal Law

…strict Court for the Central District of California in Los Angeles. In her complaint, Ms. Sanchez alleged claims for breach of contract, breach of the covenant of good faith and fair dealing, unjust enrichment, and “money had been received.” Aeromexico filed a motion to dismisson grounds that the claims were preempted by the provisions of The Airline Deregulation Act. The District Court agreed and dismissed the claims. Ms. Sanchez appealed. The es…
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Recent Federal and U.S. Supreme Court Class Action Decisions

…e company, underpaid claims under its homeowner insurance policies. In his complaint, plaintiff stipulated that the class damages would be capped at $5 million, which is the threshold limit for federal jurisdiction under the Class Action Fairness Act (CAFA). The defendants removed the case to federal court, but because plaintiffs had stipulated damages for less than $5 million, the district court held that the plaintiff’s claim fell below the mone…
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Renew or Regret: FAA Publishes New Rule Requiring Renewal of Aircraft Registrations

…criminal penalties. Cancellation of an aircraft’s N-number will require re-painting the aircraft and amending numerous aircraft agreements and filings. Commentators fear the FAA will be overwhelmed re-processing current registrations, sending out expiration warnings, and enforcing cancellations, resulting in errors and delays in registrations. Others voice concerns over the severe implications of cancellations. Nonetheless, most commend the FAA’s…
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New U.S. Supreme Court Decisions Restricting Personal Jurisdiction

…n California. Since the defendant employed over 400 people in California, maintained half a dozen research, development, and policy-making facilities in the State, sold $1 billion worth of Plavix in California during the period relevant to the suit, and derived a significant portion of its revenue through a California-based distributor, specific jurisdiction existed over these claims (and likely would have even before International Shoe was decide…
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U.S. District Court Denies Boeing Motion to Dismiss Fraud and Misrepresentation Claims Arising from the 737 MAX Grounding

…nlaw.com. 1 Polskie Linie Lotnicze LOT S.A. v. The Boeing Company, No. 2:21-cv-01449-RSM, ECF No. 39 (W.D. Wash. Sept. 30, 2022). 2 Deferred Prosecution Agreement, Jan. 7, 2021, United States of America v. The Boeing Company, No. 4:21-CR-00005-O (Dist. Ct. N.D. Tex.). 3 See, e.g., Smartwings, A.S. v. The Boeing Company, No. 2:21-cv-00918-RSM, 2022 WL 579342 (W.D. Wash. Feb. 25, 2022); Timaero Ireland Ltd. v. The Boeing Co., No. 19 C 8234, 2021 WL…
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Congress Passes Pilot’s Bill of Rights Granting Greater Procedural and Evidentiary Rights in Administrative Hearings

…administrative action can proceed. The data that must be produced includes air traffic communication tapes, radar information, air traffic controller statements, flight data, and releasable portions of investigative reports. Although much of this data may have been discoverable under existing law, its disclosure is now a condition precedent that the FAA must meet prior to commencement of any proceedings. In addition to the above procedural and evi…
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