A review of key legal developments for nonprofit organizations at the federal and state levels in 2020 and 2021.

Antitrust

Torrey v. Infectious Diseases Society of America, No. 17-190 (E.D. Tex. Sept. 1, 2021), No. 407 & Torrey v. Infectious Diseases Society of America, No. 17-190 (E.D. Tex. Sept. 20, 2021), No. 408

Plaintiffs sued the Infectious Diseases Society of America (IDSA), seven Lyme disease expert doctors who helped write IDSA’s 2006 Lyme disease guidelines, six national and regional health plans, and Blue Cross Blue Shield Association. Plaintiffs alleged that the health plans paid large consulting fees to the doctors as part of a conspiracy to write false Lyme disease guidelines to enable health insurance plans to deny treatment and coverage for so-called chronic Lyme disease. Plaintiffs brought claims against all defendants for alleged RICO and antitrust violations. Late in the lawsuit, plaintiffs added claims against IDSA only for common-law fraudulent and negligent misrepresentation. Before completing discovery, the health plans and Blue Cross Blue Shield Association settled with plaintiffs. IDSA and the doctors, represented by Pillsbury, did not settle.

Plaintiffs’ claims had potentially damaging implications for any professional society that issues practice guidelines, as the lawsuit threatened to subject medical guidelines, written by experts in the field, to judicial review and sought to impose liability based on scientifically inaccurate claims and...

Read Full Story: https://www.jdsupra.com/legalnews/developments-in-association-law-2020-1245472/