Stuart M. Gerson, a Member of the Firm in the Litigation and Health Care & Life Sciences practices, in the firm’s Washington, DC, and New York offices, was quoted in the Bloomberg BNA Health Care Daily Report, in “Possible Class Action Gamechanger Opens High Court’s Term,” by Mary Anne Pazanowski, Matthew Loughran and Eric Topor. (Read the full version – subscription required.)

Following is an excerpt:

Oral argument on labor, class action, and arbitration issues in a case that could have a big impact on health-care industry employers kicks off the U.S. Supreme Court’s new season Oct. 2.

The court in that case will consider whether arbitration agreements that prohibit employees from pursuing class or collective actions are unlawful under the National Labor Relations Act (NLRA) and unenforceable under the Federal Arbitration Act (FAA). Health-care employers are watching the case closely because they are on the front lines of unionization efforts. …

The Epic Systems decision also will help the health-care industry “take the court’s temperature” regarding the scope of class action litigation, Stuart M. Gerson told Bloomberg BNA. Gerson, a member of Epstein Becker Green PC’s Health Care and Life Sciences practice in Washington. Gerson was acting U.S. attorney general during the early years of President William J. Clinton’s administration. Before that, he served in the administration of President George H.W. Bush’s as assistant attorney general for the Justice Department’s civil division.

The Supreme Court has been “skeptical” about class actions for the past few terms, Gerson said. The court in recent years has been narrowing the circumstances under which such litigation can proceed.

A petition “about to be filed” in a health-care case will test the extent of that skepticism, Gerson said. In Attias v. CareFirst, Inc., the U.S. Court of Appeals for the District of Columbia Circuit said victims of a health-care data breach could sue the health insurer whose negligence allegedly led to the breach.

Jump to Page

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.