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Messner'S Effect On Hospital Consolidation And Anticompetitive Behavior, Jaclyn Bacallao
Messner'S Effect On Hospital Consolidation And Anticompetitive Behavior, Jaclyn Bacallao
Seventh Circuit Review
By 2021, healthcare spending is expected to reach a whopping twenty percent of gross domestic product. One of the less-publicized causes of the rapid growth in healthcare costs is hospital consolidation, which has allowed hospitals to use their market power to raise prices for private payors.
Attempts to limit abuses of market power in this sector have been insufficient. From the 1980s until the early 1990s, the Federal Trade Commission and the Department of Justice blocked every anticompetitive merger. However, the tides changed in the mid-1990s when the regulators lost five successive cases that challenged hospital mergers. Economists were astounded …
The Seventh Circuit Pulls The Ladder Out From Under Design Defect Plaintiffs: Bielskis V. Louisville Ladder And The Limits Of Judicial Discretion In Assessing The Reliability Of An Expert's Methodology, Bevin Carroll
Seventh Circuit Review
As issues in litigation grow more complex, reliance upon expert testimony to establish liability is growing as well, especially in products liability cases. In fact, the Seventh Circuit requires expert evidence to establish liability in most design defect claims, regardless of whether they are brought under the risk utility test or the consumer expectations test.
Under Daubert, trial judges are considered the gatekeepers of expert testimony and have vast discretion in determining whether an expert’s methodology is reliable. This gatekeeping function is intended to be limited in its scope such that it is consistent with Federal Rule of Evidence …