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Searching cases from 5/2013

• Southwest Pharmacy Solutions Inc. v. Centers For Medicare and Medicaid Services
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  The plaintiff appeals the dismissal of its claims alleging that the Preferred Pharmacy Rule allows a Prescription Drug Plan to create a scheme that excludes independent pharmacies from participating in preferred pharmacy networks in direct contravention of the "any willing pharmacy" requirement. Caselaw interpreting the application of 42 USC §405(h) to Medicare claims emphasizes that the Illinois Council exception is extremely narrow and appropriately applied only in cases where judicial review would be entirely unavailable through the prescribed administrative procedures. The district court's dismissal order is affirmed. 5th U.S. Circuit Court of Appeals, No. 12-40097, 05-01-2013.
• Carpinteyro v. Gomez
  The appellants filed this interlocutory appeal from an order denying their motions to dismiss health care liability claims filed against them. Because there is no conflict between Texas Civil Practice and Remedies Code §74.351(a), Texas Rule of Civil Procedure 4, or Texas Government Code §311.014, the expert report in this case was timely served. The trial court's order denying the motions to dismiss is affirmed. San Antonio Court of Appeals, No. 04-12-00790-CV, 05-01-2013.