Schuyler County offers Medicare 101 classes

This class will be held virtually, in a Zoom classroom setting. For more information, or to register, please contact the Schuyler County Office for the Aging.

Schuyler County Considers Generic Drug Price Lawsuit

Schuyler County legislators are considering a resolution to join Federal, state and municipal governments in suing the makers of generic drugs over alleged price-fixing.

The County Legislature will vote Monday (August 10) on a resolution authorizing County Attorney Steven Getman to join forces with Napoli Shkolnik PLLC, a New York City law firm “in the investigation and/or prosecution of any legal claim against manufactures of generic pharmaceuticals and/or their executives based upon their actions in fixing prices, allocating markets, and engaging in other antitrust violations or other wrongdoing with respect to generic pharmaceuticals.”

According to Getman, the county will be investigating claims in several areas.  These include possible overpayments of Medicaid reimbursements, increased health insurance premiums for county employees and higher costs of pharmaceuticals purchased for use by county agencies, all based upon artificially inflated generic drug prices.

Various government agencies have already commenced suit, Getman said, alleging violations of state and Federal antitrust laws and consumer protection statutes.  

“In 2014, the Department of Justice began an investigation into the pricing of various generic pharmaceuticals,” Getman explained. “In the wake of the Federal investigation, in 2017, the state attorneys’ general of 48 states brought a civil action alleging price fixing, market division, and other antitrust violations by 16 defendant pharmaceutical companies related to fifteen (15) generic prescription drugs.”

“As alleged, the defendants' anti-competitive conduct falls principally into two categories.   First, the defendants, allegedly communicated with each other to determine and agree on how much market share each would control and which customers each competitor was entitled to.  Second, competitors allegedly communicated -- either in person, by telephone, or by text message -- and agreed to collectively raise and/or maintain prices for a particular generic drug.”

The lawsuits, Getman said, now involve over 100 generic drugs and 21 pharmaceutical manufacturer defendants, including Teva, Sandoz, Mylan, Pfizer, Actavis, Amneal, Apotex, Aurobindo, Breckenridge, Dr. Reddy’s Laboratories, Glenmark, Greenstone, Lannett, Lupin, Par, Rising, Taro Israel, Taro USA, Upsher-Smith, Wockhardt USA and Zydus.

“The key question in formulating a lawsuit is determining for which generic drug(s) each county has overpaid, and whether each was direct or indirect purchaser of same,” Getman explained.  “As noted, hundreds of generic drugs have been implicated. Each affected county or municipality can bring an action asserting overpayments for each applicable generic drug.”

According to County AdministratorTim O’Hearn, any lawsuit will be filed at no risk to the county, as Napoli Shkolnik will work on contingency basis that will cover all costs associated with the lawsuit.

“By voting to go forward with possible litigation, the County Legislature hopes to lessen the burden to taxpayers and seeks to hold manufacturers responsible for any unlawful role in the high cost of generic drugs,” O’Hearn said. 

Separately, three other New York counties (Greene, Schenectady  and Essex) are already working with Napoli Shkolnik on a lawsuit likely to be heard in Federal court in eastern Pennsylvania, and the state Association of Counties last month circulated a memo suggesting other counties consider joining the effort.

In addition to the generics case, Schuyler County has been working with Napoli Shkolnik to prosecute a pending action against the manufacturers and distributers of prescription opiates for damages to the county arising out of the fraudulent and negligent marketing and distribution of opiates in and to the county.

The next regular meeting of the Schuyler County Legislature will be held in the Schuyler County Human Services Building, 323 Owego Street, Montour Falls, New York on Monday, August 10, 2020 at 6:30 pm.  The meeting is open to the public and all required COVID-19-related safety protocols will be in place.

A copy of the county’s proposed resolution is available here.

Second Amendment Legal Update: August 2020

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State.

Emerging Workforce Program assists young adults to find and maintain steady employment.

CSS Workforce New York’s Emerging Workforce Program is a federally funded program to assist young adults in our area to find and maintain steady employment.

The program  works to assist the young people in our area to help join the trades, including: electric, plumbing, welding, auto mechanics etc.

It is open to individuals 16 to 24 years old that face a barrier to employment.

For more information, see the flyer attached.

Public Notice: Transfer Station Tickets Price Increase, Town of Ovid, Seneca County, New York

Public Notice: Transfer Station Tickets Price Increase

Effective August 1, 2020, the Ovid Transfer Station Tickets will cost $4.00. This measure is directly related to the Town’s increased costs.

Tickets purchased prior to August 1st will still be honored. Businesses will continue to sell the tickets, until July 31st or until their supply is gone.

As of August 1st, tickets will only be sold at the Clerk’s Offices in Ovid, Romulus, and Covert.

The Transfer Station accepts checks, if you are unable to purchase tickets.

Second Amendment Legal Update: July 2020

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State.

Department of Labor approves COVID-19 leave if virus cancels children’s summer camp plans

Covered workers can take federal coronavirus leave to care for their children if COVID-19 disrupted a demonstrable plan to send them to summer camp, even if they were not enrolled when the virus hit, according to new guidance issued by the Department of Labor.

The Families First Coronavirus Response Act (FFCRA) enables employers to provide their workers with paid leave, while at the same time ensuring that workers are not forced to choose between their paychecks and the public health measures needed to combat the virus.

Department of Labor approves COVID-19 leave if virus cancels children’s summer camp plans by Steven Getman on Scribd

Schuyler County courts expand in-person matters

As a result of the progression to Phase III, on Wednesday, June 17, courts in the Sixth Judicial District, which includes Schuyler County, began hearing an expanded number of in‐person matters in the courthouses, including:

• child support proceedings;
• selected plea and sentencing proceedings for defendants at liberty;
• preliminary hearings in criminal cases for defendants being held in jail on felony complaints;
• arraignments of defendants who have been issued desk appearance tickets; and
• a limited number of bench trials, in civil matters.

Schuyler County to return to in-person meetings.

The Schuyler County Legislature voted Thursday (June 11) to return to in-person meetings.

In order to maintain social distancing, the legislature voted to hold the meetings in the Human Services Complex in Montour Falls, rather than the County Legislative chambers at the Courthouse Complex.

Look for updated schedules and notices pursuant to Open Meetings Law shortly.

New York Statutes of Limitations to remain tolled under Governor Executive Order

All New York Statutes of Limitations remain tolled due to COVID until July 6 under the latest executive order:

The order tolls “any specific time limit for the commencement, filing, or service of any legal action, notice, motion, or other process or proceeding, as prescribed by the procedural laws of the state, including but not limited to the criminal procedure law, the Family Court act, the civil practice law and rules, the Court of Claims act, the Surrogate’s Court procedure act, and the uniform court acts, or by any other statute, local law, ordinance, order, rule, or regulation, or part thereof.”