Category: News

Justin C. Linder Quoted in February 9, 2018 Bloomberg Pharmaceutical Law & Industry Report Article on 340B Reimbursement Reduction

Lobbying on behalf of biopharmaceutical manufacturers and 340B covered entities is spiking as the 340B discount drug program draws increased scrutiny from Congress and regulatory agencies.  In a February 9, 2018 Bloomberg article: Safety-Net Hospital Lobbying Surges as Medicare Slashes Payments, Justin Linder discusses the circumstances contributing to the increased pressure on Capitol Hill and the impact on Medicare beneficiaries of the recent CMS final rule redistributing 340B reimbursement dollars.

Read the complete article: Safety-Net Hospital Lobbying Surges as Medicare Slashes Payments

Justin C. Linder Quoted in January 3, 2018 Bloomberg Health Care Daily Report Article on 340B Reimbursement Reduction

Judge Rudolph Contreras of the United States District Court for the District of Columbia on December 29, 2017 dismissed a lawsuit filed by the American Hospital Association and various hospitals and industry groups seeking declaratory judgment and a preliminary injunction blocking implementation of a dramatic cut in Medicare Part B reimbursement to certain hospitals participating in the 340B discount drug program. The dismissal of the action on jurisdictional grounds – none of the plaintiffs had yet presented a claim reimbursed at the reduced payment rate – is the latest setback for adversely impacted hospitals attempting to halt the reduced payment regime, and ensured that the reductions would go into effect January 1, 2018.

In addition to cutting the applicable reimbursement rate for high cost drugs purchased by certain hospitals through the 340B Program by approximately 27%, a CMS Final Rule issued November 1, 2017 and effective New Years’ Day, imposes burdensome new coding modifiers on affected providers, requiring them to separately track and bill 340B-acquired drugs. Failure to properly do so could result in compliance issues and lost reimbursement.

In a January 3rd Bloomberg article: Hospitals Face Medicare Drug Pay Cuts as Court Fight Looms, Justin Linder discusses the implications of the rule on affected providers and the likelihood that legal and legislative efforts to roll back the payment reduction will succeed.

Justin C. Linder Joins Dughi, Hewit & Domalewski, P.C.

Dughi, Hewit & Domalewski, P.C. is pleased to announce that Justin C. Linder, Esq. has joined the firm.  Justin will be leading the firm’s Healthcare Transactional and Regulatory Practice Group.

Mr. Linder is a seasoned and highly-accomplished Healthcare and Life Sciences attorney with extensive experience representing stakeholders across the healthcare industry.  He handles sophisticated healthcare M&A negotiations, performing due diligence and drafting transaction and organizational documents, and negotiates complex vendor, pharmaceutical distribution, GPO and healthcare technology agreements. Mr. Linder also provides practical regulatory and compliance counsel, specializing in state and federal fraud, abuse and privacy laws, and collaborates directly with business leaders and C-Suite executives at a variety of healthcare entities to close joint venture and physician practice acquisition transactions.

For nearly forty years, Dughi, Hewit & Domalewski, P.C. has provided high-quality legal services to hospitals, physicians and other healthcare providers.  The firm’s healthcare practice is supported and complemented by its state-wide practice in medical malpractice cases, which has earned the firm its reputation as one of New Jersey’s premier medical malpractice defense firms.

To meet the varied needs of our hospital and healthcare clients, the firm broadened its practice areas over a decade ago to provide a wider range of services to its healthcare clients on transactional, regulatory, and litigation matters.  The addition of Mr. Linder to the firm’s Healthcare Transactional and Regulatory Practice Group will greatly expand and enhance the firm’s existing level of service to the healthcare industry.

A detailed description of Mr. Linder’s areas of expertise and accomplishments can be found on the firm’s website by clicking the following link:  Justin C. Linder

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Mario C. Gurrieri, Esq., Chair of the Family Law Department of Dughi, Hewit & Domalewski, P.C., and his team of attorneys, Kristin M. Capalbo, Esq., Jennifer L. Young, Esq., and Kristin N. Badalamenti, Esq. will review the law, explain the legal process and answer your questions concerning prenuptial agreements, separation, divorce, custody and parenting time, division of assets, alimony, child support, domestic violence, post-divorce Court review of changed financial and child-related circumstances, and how the current economic climate, recent alimony and child support legislation and possible changes to the tax code will impact divorce and post-divorce matters. Information will also be provided on Divorce Mediation, an alternative to the traditional contested proceeding.


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Craig A. Domalewski Ranked in 2018 Best Lawyers

Dughi, Hewit & Domalewski, P.C. is proud to announce that Craig A. Domalewski has been selected for inclusion in the 2018 edition of Best Lawyers®, the oldest and most respected peer-review publication in the legal profession.

About Best Lawyers®

Best Lawyers is the oldest and most respected peer-review publication in the legal profession. A listing in Best Lawyers is widely regarded by both clients and legal professionals as a significant honor, conferred on a lawyer by his or her peers. For more than three decades, Best Lawyers lists have earned the respect of the profession, the media, and the public, as the most reliable, unbiased source of legal referrals anywhere.

Dughi, Hewit & Domalewski hosts breakfast for the Union County Bar Young Lawyer’s Division

On May 24, 2017, Dughi, Hewit & Domalewski hosted a breakfast for the Union County Bar Young Lawyer’s Division. More than 25 young lawyers joined us for coffee and bagels. We were thrilled to have such a wonderful crowd of young attorneys and to spend time discussing different issues affecting the practice of law, as well as catch up on some of the victories won by the group. The YLD hopes to make these types of breakfasts a regular occurrence and Dughi, Hewit & Domalewski looks forward to hosting everyone again sometime soon.


Brandon Minde elected Secretary of the Criminal Law Section of the New Jersey State Bar Association for 2017-2018

Dughi, Hewit & Domalewski, PC, is pleased to announce that Brandon Minde, a partner with the firm, was elected Secretary of the Criminal Law Section of the New Jersey State Bar Association for the 2017-2018 term at the NJSBA Annual Meeting.  This places Mr. Minde on track to be Chair of the Criminal Law Section for the 2020-2021 term.  The Criminal Law Section deals with information and education concerning the improvement of the criminal justice system, and takes an active role in responding to developments which affect its membership and in suggesting methods through which the legal system can more effectively serve the interests of section members and their clients.

Brandon D. Minde to be Speaker for New Jersey Criminal Trial Preparation at New Jersey Basic CLE Marathon 2017

Brandon D. Minde will be the speaker on Criminal Trial Preparation at the PLI’s New Jersey Basic CLE Marathon 2017.  The PLI Basic CLE Marathon is designed to help newly admitted New Jersey lawyers comply with their New Jersey mandatory continuing legal education requirements.  Mr. Minde’s presentation will serve as a general introduction for attorneys practicing in criminal defense matters, seeking to learn about New Jersey Criminal Trial Preparation, including handling matters related to Arrest, indictment and arraignment.

  • Discovery
  • Status conferences, pre-trial conferences and pre-trial hearings
  • Plea negotiations and agreements
  • Trial – presentment of evidence and witnesses
  • Post-trial motions

The presentation will take place at the PLI New York Center on May 8, 2017.

For more information or to register: New Jersey Basic CLE Marathon

Louis John Dughi, Jr. obtained a second defense verdict in the controversial Cho v. Trinitas Regional Medical Center matter.

In Cho vs. Trinitas Regional Medical Center, a significant medical malpractice case reported at 443 NJ Super. 461 (App. Div. 2015), Mr. Dughi recently retried the case before the Hon. Thomas Walsh in Union County.  The Appellate Division had overturned a prior dismissal at trial on the basis that in limine motions were improperly utilized as dispositive motions by the defense. After the second trial, which concluded on February 2, 2017, the outcome remained the same with the defense prevailing.

The widely commented upon appellate decision regarding the use of in limine motions is now seen as a bar to the use of in limine motions when a summary judgement motion could have been filed regarding previously known facts and issues. Although it appears that the Appellate Division believed this ruling would avoid motion practice at the time of trial, it will likely have the opposite effect by forcing defense lawyers to hold their application for a dismissal until after plaintiff has rested its case at trial.

As many trial judges permit plaintiffs to reopen discovery to cure defects (even after the discovery end date) raised by the filing of a summary judgment motion, the in limine motion was an effective tool when used to frame the issues for dismissal at a time when the case was on the threshold of trial and no further discovery would be permitted in the usual circumstance. Now, the defense lawyer must carefully weigh whether to bring a summary judgment motion before trial or await the empanelment of a jury and the presentation by plaintiff before raising the dispositive motion which will likely result in many more questionable cases going to trial.

Mr. Dughi has tried over 230 cases over the course of his career and has successfully tried to a second no cause for action defense verdict other highly publicized cases including, Komlodi vs. JFK Medical Center reported at 217 NJ 387 (2014) overturning a prior defense verdict on the basis of an improper application of the Scafidi pre-existing injury doctrine and Canesi vs. Wilson reported at 149 NJ 139 (1997) overturning a prior dismissal regarding a congenital limb reduction defect failure to warn case determining the weight of Physicians’ Desk Reference and FDA warnings.

Trying complicated and difficult medical malpractice cases is his specialty and winning the same cases again after the appellate courts have reviewed them demonstrates an additional level of expertise.

Attorney Profile: Louis John Dughi, Jr.

Four Dughi, Hewit & Domalewski attorneys honored as Super Lawyers and Rising Stars for 2017

Dughi, Hewit & Domalewski is proud to announce that partners of the firm – Louis John Dughi, Jr. and Craig A. Domalewski – have been named by New Jersey Super Lawyers magazine as among the top attorneys in New Jersey for 2017.  Each year, no more than five percent of the lawyers in the state are selected by Super Lawyers to receive this honor.

In addition, the firm is also proud to announce that Brandon D. Minde and Kristin M. Capalbo were named to the 2017 New Jersey Rising Stars list. Each year, this designation is given to less than 2.5 percent of New Jersey attorneys recognized as the top up-and-coming attorneys who are 40 years old or younger, or who have been practicing for 10 years or less.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. For more information about Super Lawyers, visit