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New York’s Highest Court Reaffirms that Insurers May Deny Claims from Professional Corporations that are Improperly Controlled by Non-Physicians

New York's Court of Appeals recently upheld prior rulings, statutes, and regulations in order to confirm that only licensed physicians may practice medicine in New York. The Court's ruling in Caruthers v. Progressive Insurance Co. (2019 Slip Op 04643) upheld the finding in the much-cited case of State Farm Mut. Auto. Ins. Co. v. Mallela (4 NY3d 313 [2005]) that an insurer may withhold payment for medical services provided by...

Frier Levitt Recovers Over $300K in GER Withholdings From PSAO

Frier Levitt recently recovered over $300K held in reserve from a Pharmacy Services Administrative Organization (PSAO), which withheld the funds to due to Generic Effective Rate (GER) adjustments for the calendar year 2018. This is another major win for an independent pharmacy that suffered grave financial harm. Many pharmacies have begun receiving notices of GER adjustments, ranging from thousands to millions of dollars, without having an opportunity to examine any...

Drug Return Company Ordered to Pay $94 Million in Restitution and $15 Million in Fines for Refund Scheme

Earlier this month, a Pennsylvania federal judge ordered Devos Ltd., a drug return company, to pay over $94 million in restitution and $15 million in fines for failing to channel refunds back to customers and keeping the money for itself. Devos, which does business as Guaranteed Returns, offers middleman services to pharmacies and government agencies who are looking to take advantage of buy-back refunds from drug makers. Instead of issuing...

UPDATE: NYC Transit Authority Files Motion for Extension in Lawsuit Against Express Scripts

On July 12, 2019, the New York City Transit Authority (NYCTA) filed a Motion to extend the deadline to file its brief in opposition to Express Scripts' Motion to Dismiss the NYCTA's Complaint, or alternatively, to file an Amended Complaint. Subsequently, the NYCTA's Motion was granted by the Court and the NYCTA will now have until July 30, 2019 to file an opposition brief or to file an amended version...

Attorney Dae Y. Lee, Esq. Named to The National Trial Lawyers List of “Top 40 Under 40 Civil Plaintiff Trial Lawyers in New Jersey”

Frier Levitt is proud to announce that attorney Dae Y. Lee, Pharm.D., Esq., CPBS, has been selected by the National Trial Lawyers for inclusion into its Top 40 Under 40 Civil Plaintiff Trial Lawyers in New Jersey list, an honor given to only a select group of lawyers for their achievements in the field. Membership into the Top 40 Under 40 Civil Plaintiff Trial Lawyers is by invitation only and...