Health Law Reporter Index-Summary

E-HEALTH

– Telemedicine

EAR, NOSE, AND THROAT SERVICES

– Cochlear implants

– – Faulty devices, maker reimbursement of providers for services, advisory opinion, 1273
– – Kickbacks, maker settles allegations (D. Colo.), 829

– N.H., coverage for hearing aids and evaluations, 1104
– N.C., hearing aid coverage for young people, new law, 812
– Preauthorization requirements not complied with, no abuse in limiting nose surgery reimbursement (D. Haw.), 648

EARTHQUAKES

See NATURAL DISASTERS

ECONOMY

– Medicaid federal matching funding boost inaction could lead to recession, governors say, 935

EDUCATION AND TRAINING

– Cal., insulin injections by unlicensed school staff (Cal. Ct. App.), 839; review granted (Cal.), 1387
– Colleges and universities

See COLLEGES AND UNIVERSITIES

– GME

See GRADUATE MEDICAL EDUCATION (GME)

– Health IT careers, grants, 238
– Medic training and licensing for veterans

See LEGISLATION, FEDERAL, HR 3199

– Ohio, no need for duplicative training for advanced practice nurses to write prescriptions, 79
– Teaching hospitals

See TEACHING HOSPITALS

EDUCATIONAL INSTITUTIONS

See COLLEGES AND UNIVERSITIES

EHR

See ELECTRONIC HEALTH RECORDS

EIGHTH AMENDMENT

– Excessive fines, false enrollment application of medical center, overpayment recoupment not punitive (11th Cir.), 1218

ELDER ABUSE

– SNFs, employee job records subject to discovery (Cal. Ct. App.), 652

ELECTRONIC HEALTH RECORDS

– Discovery in malpractice suits, impact, 1265
– Health information exchanges (HIEs)

See HEALTH INFORMATION EXCHANGES (HIEs)

– HIPAA breach notification, HHS progress on omnibus package of regulations, 454
– Incentives

– – Expansion to behavioral health, mental health, and substance abuse providers

See LEGISLATION, FEDERAL, HR 5025

– – Hospital-based physicians, Senate lawmakers consider changes, 237
– – “Meaningful use”

– – – Comments on final rules, 1015
– – – Congressional letter urges CMS to redefine, 304
– – – Final rules released, 976
– – – Medicaid, CMS fact sheet, 1025
– – – Multi-campus hospitals, CMS position unchanged, 1171
– – – Proposed and interim rules, 26
– – – Questions of House panel, 1023
– – – Senate committee chairs urge changes, 499

– N.H., new health information privacy law, 27
– Patient safety and health IT products, Grassley (R-Iowa) asks FDA about its role, 304
– Physician offices, increased use, 80
– Privacy framework proposed by FTC, 1703
– “Red flag” rules

See IDENTITY THEFT

– Standards and certification criteria for technology, 976; response to rules, 1015
– Unencrypted, data breaches reporting, 210
– VA hospital security measures matter of agency discretion (D.P.R.), 306
– White House advisers' report on facilitating data exchange, 1744

ELEVENTH AMENDMENT

– Abortion providers may seek La. state medical malpractice fund benefits, officials not immune from suit (5th Cir.), 1755
– FQHCs, P.R. agency required to make Medicaid wraparound payments (1st Cir.), 1522
– Medicaid drug reimbursement cuts, state law claims against federal officials (D. Minn.), 282; appeal filed (8th Cir.), 571
– N.Y., anti-subrogation law challenge dismissed (W.D.N.Y.), 1320
– Protection and Advocacy for Individuals with Mental Illness Act suit seeking access to state agency mental health records (7th Cir.), 609; stay denied, 777; (U.S., rev sought), 1108
– Sovereign immunity, state policy of not licensing nurses in methadone maintenance program (M.D. Pa.), 973
– State agency barred from seeking medical records of mentally ill individuals who died at state treatment facility (U.S., rev grant), 878; cases pending as new term begins, 1307

EMERGENCY MEDICAL TREATMENT AND ACTIVE LABOR ACT (EMTALA)

See PATIENT DUMPING

EMERGENCY SERVICES

– Anti-kickback laws

– – Ambulance service reimburses city for emergency dispatch, advisory opinion, 1592
– – County grants for county emergency operations center, advisory opinion, 867
– – Mutual emergency response arrangement between municipalities, limited cost-sharing waiver, advisory opinion, 867

– Assignment of benefits, emergency care facility may sue insurers for treatments (S.D. Tex.), 278
– Bacterial meningitis, first fines under new Cal. standard, 619
– Balance billing for emergency room costs, state law breach alleged (S.D. Cal.), 1747
– Chicago paramedics' overtime claims should have been considered (7th Cir.), 749
– EMTALA issues

See PATIENT DUMPING

– Exclusive agreement to provide medical services to inmates, Sherman Act, product market (N.D. Cal.), 797
– “Gross negligence” burden of proof for malpractice claims against emergency care providers does not violate state constitution (Ga.), 390
– Ind. workers' compensation, new law prohibits delay in emergency care for work-related injuries, 414
– Indigent residents, county must pay (Cal. Super. Ct.), 1038
– Medic training and licensing for veterans

See LEGISLATION, FEDERAL, HR 3199

– Natural disasters

See NATURAL DISASTERS

– On-call schedule change appeal fails, privileges not renewed (9th Cir.), 776
– Ostensible agency, hospital liability for emergency room care by independent contractor (Nev.), 987
– Out-of-network care

– – Beneficiary not entitled to 100 percent of costs (5th Cir.), 567
– – HMOs need not pay maximum prices (Fla. Dist. Ct. App.), 309

– Racial bias claim based on revoked reprimand letter, no adverse employment action against African American physician (S.D.N.Y.), 1131
– Refusal to treat “black men from Africa with AIDS,” bias claim may proceed (D.N.J.), 1293
– Trauma surgeon, claims related to disciplinary actions for alleged altercation and on-call schedule removal, 2 cases (D. Nev.), 1328
– Vt., doctors may be questioned about ordinary course of business review of misdiagnosis death (D. Vt.), 250
– Whistleblower and civil rights laws do not protect physician who sent mass e-mail complaining about staff (Mich. Ct. App.), 1456

EMPLOYEE BENEFITS

– ERISA plans

See ERISA

– Multiemployer benefit fund, nursing home operator unlawfully failed to make pension and benefit contributions (2d Cir.), 31
– Sherman Act and RICO violations by health insurers and brokers, dismissal of employee benefit plans and policy holders claims (3d Cir.), 1205
– Unemployment compensation owed pharmacy technician fired for excessive absences due to medical condition (Ind.), 803

EMPLOYEE RETIREMENT INCOME SECURITY ACT

See ERISA

EMPLOYMENT DISCRIMINATION

– ADA

See AMERICANS WITH DISABILITIES ACT (ADA)

– Age

See AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)

– Disabled persons

See AMERICANS WITH DISABILITIES ACT (ADA); DISABLED PERSONS; REHABILITATION ACT

– GINA

See GENETIC INFORMATION NONDISCRIMINATION ACT (GINA)

– National origin

See NATIONAL ORIGIN DISCRIMINATION

– Pregnancy

See PREGNANCY DISCRIMINATION

– Religious

See RELIGIOUS DISCRIMINATION

– Sex

See SEX DISCRIMINATION

– Sexual orientation

See SEXUAL ORIENTATION DISCRIMINATION

EMTALA (EMERGENCY MEDICAL TREATMENT AND ACTIVE LABOR ACT)

See PATIENT DUMPING

END-OF-LIFE CARE

– Assisted suicide

See ASSISTED SUICIDE

– Hospice care

See HOSPICE CARE

– Idaho “conscience” law signed by governor, health care providers can deny certain services, 462
– N.Y., information about options, new law, 1175

END-STAGE RENAL DISEASE (ESRD)

– Home dialysis supplies and equipment, repayment of $19.3M (M.D. Tenn.), 450
– Miss. law does not permit extensions after expiration of CON (Miss.), 269
– Ohio property tax, no exemption for dialysis facility, insufficient charitable institution proof (Ohio), 1479
– Overtime, FLSA claims of dialysis technician may proceed (N.D. Ill.), 1590

ENFORCEMENT POLICY

– ACOs, regulation and enforcement, BNA Insights, 1333
– ADA, “landmark year” for DOJ enforcement, 911
– Anti-kickback and false claims changes, impact on drug and medical device industries, 1094
– Civil fraud unit established by U.S. Attorney for Southern District of N.Y., 496
– Consumer Information and Insurance Oversight Office established by HHS, 664
– Deferred prosecution agreements and nonprosecution agreements

– – Accountability, report, 66
– – Third-party monitoring, DOJ guidance for prosecutors, 803

– Exclusions and terminations

See EXCLUSIONS AND TERMINATIONS

– FCA

– – “Aggressive” enforcement promised by DOJ official, 804
– – Compliance burden, problems for defense counsel, 804
– – “Falsity,” speakers debate differing views, 807
– – Judgments in FY2010 of $2.5B, DOJ announcement, 1640
– – Private qui tam provision, speaker questions fairness, 805

– Fed. Contracts Compliance Program Office jurisdiction expanding to cover hospital and health care systems, 1093
– Federal government contractors and subcontractors, BNA Insights, 513
– Fraud prevention summit, HHS and DOJ increase efforts, 1240
– Fraud strike forces

– – Expansion in budget request, 173
– – HEAT strike force goals, 489
– – Nationwide crackdown, 90 persons charged, 1020
– – Real-time access to CMS data, 490
– – Testimony on effectiveness, 337

– FY2011 budget seeks more anti-fraud funding, 173
– Health care reform

– – Effect of PPACA, Justice Dep't focus on competition, 898
– – New entities, independent audits, 1102
– – Oversight crucial, lawmakers say, 645

– HHS Civil Rights Office, HIPAA security rule enforcement, 716
– HHS Inspector Gen. recoveries of more than $3B expected for first half of 2010, 829; savings and potential recoveries for year of $26B, 1779
– Horizontal merger guidelines

See MERGERS AND ACQUISITIONS

– Individuals will be pursued as aggressively as companies, DOJ official, 1484
– Insurance scams, Sebelius urges states to take action, 498
– Part D oversight limited, testimony before Senate panel, 337
– Payment error rate measurement program, final rule, 1140
– Recapture audits to recover improper payments, federal agencies directed to expand use, 380
– “Red flag” rules

See IDENTITY THEFT

– Special Focus program for poor-performing nursing homes, states not consistent, report, 621
– Stark law technical violations, warning from attorneys, 795

ENVIRONMENTAL PROTECTION

– N.Y., agreement to stop pharmaceutical waste discharges into watershed, 109

EQUAL PAY

– Nurse practitioners' pay bias claim based on PAs wage scale fails (Fed. Cir.), 20

EQUAL PROTECTION

– Florida

– – New law to eliminate illegal “pill mills” (N.D. Fla.), 1396
– – Noneconomic damages cap

– – – Constitutionality upheld (M.D. Fla.), 1394
– – – Retroactive application (Fla. Dist. Ct. App.), 350

– Ga., lack of extension of time for incompetent persons to file malpractice claims not unconstitutional (11th Cir.), 315
– La., license for nonpermanent alien resident practical nurse barred, state law upheld (E.D. La.), 1280
– Md., noneconomic damages cap challenge (Md.), 589
– Medical malpractice settlements, filing required notices no breach of doctor's constitutional rights (7th Cir.), 1164
– N.Y., law barring pharmacist license for aliens unconstitutional (S.D. N.Y.), 1388
– Part B fee schedule, failure to revise, Cal. counties may pursue claims (9th Cir.), 1435

EQUIPMENT AND SUPPLIES

– CON, out-of-state diagnostic equipment usage by cancer center (N.C. Ct. App.), 561
– DME

See DURABLE MEDICAL EQUIPMENT (DME)

– Hospital bed collapse caused injuries, expert report required (Tex.), 1251
– Licensed prescription drug firm providing oxygen under doctor's prescription, expert report required (Tex. App.), 815
– Needles and sharps

See NEEDLES AND SHARPS

ERISA

– Administrative services agreement no basis for providers' claims against sponsors of employee health plans (N.D.W. Va.), 1705
– Autism applied behavior analysis therapy

– – Denial of coverage (E.D. Mich.), 1748
– – Therapist not eligible provider (D. Or.), 70

– Balance billing for emergency room costs, state law breach alleged (S.D. Cal.), 1747
– Chiropractors' claims against BCBS allowed, RICO claims fail (N.D. Ill.), 747; ERISA claims against WellPoint dismissed, 1432
– Conflict of interest, requests for discovery after Glenn, BNA Insights, 1149
– “Customary and reasonable” charges, administrator's speculation abuse of discretion (5th Cir.), 1212
– Deferential review not barred by “single honest mistake” (U.S., judg rvs), 600
– Discretionary clauses

– – Mont. state insurance commissioner ban (U.S., rev sought), 229; review of filings, 602; (rev den), 717
– – N.J., dismissal of putative class (D.N.J.), 1747
– – State law bans, 229

– Exhaustion of administrative remedies, class certification barred (8th Cir.), 533
– “Experimental treatment” exclusion of coverage for child's bone cancer treatment, claim allowed (S.D. Ohio), 140
– “Facility fee” for use of surgical suite associated with physician's office, excluded by health plans (D.N.J.), 1213
– Failure to convert to individual policy, refusal to pay not abuse of discretion (4th Cir.), 872
– Fair share laws, San Francisco ordinance requiring employee health care expenditures by local business, Solicitor General urges denial of review (U.S., brief filed), 771; (response brief filed), 832; (rev den), 901; summary judgment for city and county (N.D. Cal.), 1173
– Fiduciary duty breach

– – Administrator's failure to do enough to help participant, penalty (W.D. Wis.), 1354
– – HMO participants not told coverage advice from call center representatives not binding (7th Cir.), 937; Sec'y of Labor files amicus brief, 1749

– Formularies, Plavix as Tier 3 drug, insurer did not violate terms of plans (3d Cir.), 832
– Health care workers' suit for unpaid meal breaks, no remedy (W.D. Pa.), 279
– Hospital's fiduciary breach claims against plan administrator not covered by patient assignments (S.D. Tex.), 1652
– “Internal criteria,” plan administrator should have disclosed but no penalty (C.D. Cal.), 831
– Kagan nomination to Supreme Court, 675
– “Likely harmed,” failings of summary plan description, plan liability (U.S., rev grant), 1307; (amicus briefs filed), 1520; (oral arg), 1649
– Mont. law on premiums duplicative, preempted (D. Mont.), 1172; premiums of similarly-situated individuals, §702, 1433
– Out-of-network services

– – “Allowable amount” challenge (N.D. Ill.), 141
– – Beneficiary not entitled to 100 percent of costs (5th Cir.), 567
– – Surgical group, only quasi contract and unjust enrichment claims survive (E.D. Mo.), 339

– Preauthorization requirements not complied with, no abuse in limiting nose surgery reimbursement (D. Haw.), 648
– Preemption

– – Assignment of benefits, emergency care facility has standing to sue insurers for treatments (S.D. Tex.), 278
– – Dentists' state law claims alleging underpayments by insurer preempted (11th Cir.), 28
– – D.C. statute regulating plans (D.C. Cir.), 981
– – Federal common law unjust enrichment claims against providers (W.D. Wis.), 240; breach of contract claim preempted, 678
– – Hospital state law promissory estoppel claim preempted (E.D. Ark.), 29
– – Indian tribal plan may pursue state claims against administrator (10th Cir.), 500
– – MEWAs, purchase of insurance by individual (M.D. Fla.), 179
– – Misrepresentation of plan coverage state law suit allowed (S.D. Miss.), 71
– – Pharmacy's state law claims alleging CareFirst failed to pay for blood-clotting factor (D. Md.), 938
– – Preferred provider agreement terms, hospital's underpayment suit remanded to state court (D.N.J.), 30
– – Primary care physician's suit against HMO not preempted (D. Nev.), 384
– – Providers' underpayment claims against insurer (11th Cir.), 979
– – Rescission suit belongs in state court (N.D. Cal.), 242
– – R.I. BCBS suit against chiropractors preempted (D.R.I.), 1560
– – SNF, state law claims against MA insurer not preempted (E.D. Wis.), 1651
– – Underpayment for medical services, provider's breach of contract claim (D. Colo.), 1139
– – Utah discretionary clause limitation preempted (10th Cir.), 69

– Prompt pay, Ga. bill requiring third-party administrators of self-insured plans to comply vetoed as potential breach, 836
– Residential mental health care for dependent's eating disorder, denial not abuse of discretion (N.D. Cal.), 383
– Structural conflicts of interest

– – Dual role administrators, standard of review and discovery issues, 125
– – Limited discovery allowed (D. Neb.), 679
– – Stem cell transplant denial, discovery (D. Neb.), 456

– Substantial compliance, “sloppy” benefit denial no violation (N.D. Ill.), 982
– Surgical assistants company may pursue some claims against health benefit plan administrators (S.D. Tex.), 276
– Tex. bars discretionary clauses in all insurance policies, 1706
– Trade association lacks standing to sue (11th Cir.), 28
– Venue, fiduciary seeking declaratory judgment that it complied with disclosure requirements (E.D. Mo.), 1707
– Wrongful discharge, physician at-will employee (D.D.C.), 1167

ESRD

See END-STAGE RENAL DISEASE (ESRD)

ETHICS

– Gifts

See GIFTS

– Reporting relationships focus of compliance plan changes, BNA Insights, 728

ETHNIC DISCRIMINATION

See RACIAL OR ETHNIC DISCRIMINATION

EUTHANASIA

See ASSISTED SUICIDE

EVIDENCE

– Allergic reaction to stents claim dismissed for lack of scientific proof (Wash. Ct. App.), 316
– “Cat's paw” liability theory

– – Discrimination, jury verdict in favor of African American paramedic upheld (7th Cir.), 1547
– – LPN alleging racial bias by supervisors, no liability for parent company or temporary agency (11th Cir.), 563; (U.S., rev sought), 1307; (rev den), 1380
– – Trial judge should have made threshold decision on sufficiency of proof (U.S., rev grant), 562; trial lawyers group may file amicus brief, 1165; cases pending as new term begins, 1307; (oral arg), 1511

– Collateral source rule

– – No bar to proof of hospital treatment write-offs in negligence case (Kan.), 814
– – Proof of medical write-offs to calculate economic damages (Ohio), 691

– Dentsply anticompetitive business practices summary judgment, plaintiffs' proof required (M.D. Pa.), 526; correction, 560
– Disclosure of doctor's income, reverse discrimination suit, trial judge error harmless (4th Cir.), 1381
– Expert testimony

See EXPERT WITNESSES

– “Gross negligence” burden of proof for malpractice claims against emergency and obstetrics care providers does not violate state constitution (Ga.), 390
– Medical bills and proof of write-offs allowed to show value of medical services (Mass.), 1069
– N.Y. procedure, documents not sufficient for dismissal of claims against peer review members (N.Y. App. Div.), 540
– Peer review issues

– – Inadvertent document production during discovery, waiver of federal and state privileges (D. Alaska), 1143
– – Malice standard of proof (U.S., rev den), 286

– Res ipsa loquitur

See CAUSATION

– Spoliation

– – Negligence by third party not recognized tort (Ariz.), 690
– – Sanction (Ga. Ct. App.), 541

EXCLUSIONS AND TERMINATIONS

– Behavioral health care provider's employment of individuals excluded from participation, 336
– Board member's exclusion preview of “things to come,” IG official says, 1694
– Civil rights claim of dentist excluded from Medicare and Medicaid plan rejected (W.D. Pa.), 307
– Drug company executives, OxyContin misbranding, 12-year bans upheld (D.D.C.), 1774
– Enforcement gaps, response

See LEGISLATION, FEDERAL, HR 6130

– False enrollment application of medical center, recoupment not punitive (11th Cir.), 1218
– Fla., home health agency ownership change denied, purchaser terminated from Medicare (Fla. Dist. Ct.), 1492
– Former pharmaceutical company board member excluded from participation, 1638
– Nursing home agrees to pay to settle allegations of hiring excluded persons, 1697
– SNF agrees to pay for improper billing for services of excluded worker, 713
– Special advisory bulletin on effects of exclusions, HHS Inspector Gen., 1593

EXECUTIVE COMPENSATION

– Challenges for nonprofit hospitals, BNA Insights, 622
– Nonprofit corporate law developments in 2009, BNA Analysis & Perspective, 111

EXEMPT ORGANIZATIONS

See NONPROFIT ORGANIZATIONS

EXHAUSTION OF REMEDIES

– Bankruptcy, dismissal of trustee's suit against fiscal intermediary for not issuing timely Notice of Program Reimbursement (10th Cir.), 1141
– COBRA extension, exhaustion required before suit against former employer for subsidy (D.D.C.), 647
– Denial of Medicare claims, physician-target of fraud investigation failed to exhaust remedies (D.N.J.), 1033
– ERISA, failure to exhaust administrative remedies bars class certification (8th Cir.), 533
– Part D prescription drug benefits, dismissal of beneficiaries' suit against insurer (9th Cir.), 1285
– Peer review, failure to exhaust remedies created by bylaws (Mass. App. Ct.), 1067
– Plan administrator's failure to provide written notice of claim denial (5th Cir.), 1212
– Public health worker, failure to exhaust remedies or claim retaliation (11th Cir.), 529
– Test cheating dispute, fired workers failed to exhaust (5th Cir.), 528
– Underpayments alleged, physician and ambulatory surgical practice must pursue appeals (D.N.J.), 1321

EXPERIMENTAL TREATMENTS

– Autism applied behavior analysis therapy

See AUTISM

– Exception, procedural irregularities (W.D. Wash.), 568
– Exclusion of coverage for child's bone cancer treatment, claim allowed (S.D. Ohio), 140
– Stent implant in child, claims dismissed (3d Cir.), 352

EXPERT WITNESSES

See also CAUSATION
– Closing arguments, display of unofficial trial transcript of expert testimony (Tenn. Ct. App.), 1113
– Concealment of medical condition alleged, expert testimony shows sufficient factual dispute (Tenn. Ct. App.), 508
– Defective internal cardioverter defibrillator, physician standards of care (S.C. Ct. App.), 1290
– Draft report used for settlement, physician's breach of contract claim against law firm and professional group allowed (E.D. Pa.), 1605
– Expert signing pre-suit affidavit must be board-certified, waiver (N.J.), 1109
– Failure to supervise, ordinary negligence not medical malpractice, no expert testimony required (N.C.), 543
– Informed consent, subclavian bypass risk, expert proof not required (S.C.), 1288
– Justice Dept. memos cited by prospective government expert witness must be produced in false claims suit (D. Idaho), 208
– Locality rule

– – Inapplicable, pediatric nurse practitioner testimony on uniform practice (La. Ct. App.), 1565
– – Nationwide standard of care expert testimony insufficient (Ark. Ct. App.), 221

– Md., procedure common to two specialties (D. Md.), 1663
– New contradictory affidavit by expert may not bar summary judgment (Ohio), 1036
– N.C., testimony on national nursing home standard of care (N.C. Ct. App.), 351
– Nurses

– – EMTALA, nurse may testify on certain issues (D. Me.), 1108
– – Locality rule inapplicable, pediatric nurse practitioner testimony on uniform practice (La. Ct. App.), 1565
– – Motor vehicle accident as cause of psychiatric injuries (M.D. Pa.), 816
– – Wrongful death, testimony on postoperative care (Tenn. Ct. App.), 1331

– Opinion retracted and state constitution issues, exclusion of expert evidence in childbirth medical malpractice (8th Cir.), 1144
– Podiatrist license disciplinary action, subject may obtain expert's investigative records (Fla. Dist. Ct.), 1357
– Pro-plaintiff bias alleged, exclusion improper (1st Cir.), 1110
– Res ipsa loquitur

See CAUSATION

– Speculation about injury from shoulder surgery, summary judgment for defendants (N.C. Ct. App.), 392
– Stent implant in child, claims dismissed (3d Cir.), 352
– Sterilization, testimony inadequate to support summary judgment (Tenn. Ct. App.), 353
– Surgical sponge left in patient, expert proof not required for negligence suit (Tenn. Ct. App.), 1220
– Texas, expert reports to establish standard of care

See TEXAS

– Treating physician as expert, hospital must disclose correspondence with plaintiff's attorney (Pa. Super. Ct.), 1353
– Unreliability ruling erroneous (Tenn. Ct. App.), 1037
– Vertebroplasty, radiologist may testify about standard of care applied to neurosurgeon (Mo.), 950
– Va. law requiring active clinical practice, testimony on treatment for shingles pain allowed (E.D. Va.), 815
– Wrong-site surgery law presumption, biopsy of wrong organ tissue (Del), 990

EYE CARE

– Cal. law barring opticians to provide services in same location as optometrists and ophthalmologists (E.D. Cal.), 694
– Concealment of medical condition alleged, expert testimony shows sufficient factual dispute (Tenn. Ct. App.), 508
– Noncompete clauses, buyout opportunity required (Tex. App.), 992
– Novartis/Alcon Inc. merger, sale of cataract surgery drug to Bausch & Lomb (FTC), 1162
– Vision Service Plan subsidiaries not tax exempt (S.D. Ohio), 917
– Vitreoretinal surgery equipment makers settle antitrust disputes, 642