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Author: John Libby

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Payor-Provider Case Spotlight: The Second Circuit Holds That Providers Cannot Sue to Enforce No Surprises Act Arbitration Awards

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East Coast Advanced Plastic Surgery, LLC v. Cigna Health & Life Insurance Co., No. 25-2204, ___ F.4th ___ (2d Cir. Sept. 17, 2026), aff’g 2025 WL 2371537 (S.D.N.Y. Aug. 14, 2025) | Guardian Flight, L.L.C. v. Health Care Service Corp., 140 F.4th 271 (5th Cir. 2025) Healthcare / Payor-Provider Disputes · No Surprises Act · […]

CONTINUE READING Payor-Provider Case Spotlight: The Second Circuit Holds That Providers Cannot Sue to Enforce No Surprises Act Arbitration Awards 9 min read
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Arbitration Alert: Five Faces of Finality

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Introduction Courts enforce arbitration agreements and review awards narrowly. It is, therefore, notoriously difficult to overturn an unfavorable arbitration award – the grounds are narrow by statute, and courts are loath to expand the grounds by judicial fiat. This past summer brought five decisions in under two months that turned away five different theories: functus […]

CONTINUE READING Arbitration Alert: Five Faces of Finality 19 min read
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Healthcare Case Spotlight: The D.C. Circuit Joins the Broad Reading of the Anti-Kickback Statute — and Strikes OIG’s Advisory-Opinion Timing Rules

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Vertex Pharmaceuticals Incorporated v. United States Department of Health and Human Services, No. 25-5133, ___ F.4th ___, 2026 WL 2617588 (D.C. Cir. Sept. 4, 2026) | affirming in part and reversing in part Vertex Pharms. Inc. v. U.S. Dep’t of Health & Hum. Servs., 774 F. Supp. 3d 211 (D.D.C. 2025) Healthcare / Anti-Kickback Statute […]

CONTINUE READING Healthcare Case Spotlight: The D.C. Circuit Joins the Broad Reading of the Anti-Kickback Statute — and Strikes OIG’s Advisory-Opinion Timing Rules 11 min read
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Arbitration Practice Note: Ten Things Counsel Can Do to Make an Arbitration More Efficient and Less Expensive for Their Clients

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Arbitration (US and International) / Case Management and Advocacy Introduction Arbitral institutions are competing on efficiency — the ICC’s revised Rules took effect June 1, 2026 with a highly expedited track and codified early determination, and the AAA amended its Commercial Rules in 2022 to make arbitrators weigh the cost of a dispositive motion before […]

CONTINUE READING Arbitration Practice Note: Ten Things Counsel Can Do to Make an Arbitration More Efficient and Less Expensive for Their Clients 5 min read
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FCA Case Spotlight: The Ninth Circuit Revives a 340B Covered Entity’s False Claims Act Suit Against Four Drug Manufacturers

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The Ninth Circuit revives a 340B qui tam suit, holding that the FCA remains an independent enforcement mechanism even where the underlying statute lacks a private right of action.

CONTINUE READING FCA Case Spotlight: The Ninth Circuit Revives a 340B Covered Entity’s False Claims Act Suit Against Four Drug Manufacturers 11 min read
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FCA Alert: The Eleventh Circuit Rejects the Appointments Clause Challenge to Qui Tam — and Remands Two Constitutional Questions

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United States ex rel. Zafirov v. Florida Medical Associates, LLC, No. 24-13581, slip op. (11th Cir. Sept. 1, 2026) (published) | vacating and remanding United States ex rel. Zafirov v. Florida Medical Associates, LLC, 751 F. Supp. 3d 1293 (M.D. Fla. 2024) Healthcare / False Claims Act — qui tam constitutionality (Appointments Clause) Introduction The […]

CONTINUE READING FCA Alert: The Eleventh Circuit Rejects the Appointments Clause Challenge to Qui Tam — and Remands Two Constitutional Questions 9 min read
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340B Alert: The Battle Over Contract Pharmacies

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The multi-front litigation over pharma companies' efforts to limit the use of contract pharmacies by 340B covered entities continues, and it’s getting interesting. After courts pushed back on attempts by the U.S. Department of Health and Human Services to require pharma manufacturers to distribute drugs to as many contract pharmacies as the covered entity may […]

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FCA Cases – Quarterly Summary by FCA Section (2026 Q2)

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Compiled from Westlaw WestClip FCA alerts covering April 1 – June 30, 2026. This document covers the second quarter of 2026 (April 1 – June 30, 2026), continuing the quarterly False Claims Act case summaries. Cases are categorized by statutory provision, with Westlaw citations, courts, and decision dates after each case name. Coverage focuses on […]

CONTINUE READING FCA Cases – Quarterly Summary by FCA Section (2026 Q2) 8 min read
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FCA Cases – Quarterly Summary by FCA Section (2025 Q3 – 2026 Q1)

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Compiled from Westlaw WestClip FCA alerts covering July 1, 2025 through March 31, 2026. This post collects False Claims Act decisions from three quarters — 2025Q3 through 2026Q1 — organized by the statutory provision each decision construes. Westlaw citations, courts, and decision dates follow each case name. Coverage focuses on decisions that bear on an […]

CONTINUE READING FCA Cases – Quarterly Summary by FCA Section (2025 Q3 – 2026 Q1) 21 min read
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