Health

  • March 26, 2024

    Wash. Appeals Court Reinstates Nurse's Sex Harassment Suit

    A trial court jumped the gun when it tossed a lawsuit from a nurse who said a University of Washington-owned air ambulance outfit transferred her after she complained about sexual harassment, a state appeals court ruled, saying a reasonable jury could find in her favor.

  • March 26, 2024

    Ailing Health Co. Steward Owes Attys $600K, Firm Says

    A small Boston law firm that represented Steward Health Care System in a variety of cases says the beleaguered healthcare provider has strung it along with promises to pay fees that now total more than $600,000.

  • March 26, 2024

    Ex-Veterans Home Leaders Resolve Landmark COVID-19 Case

    The former leaders of a Massachusetts veterans facility charged in the first pandemic-related criminal neglect case against a nursing home operator resolved the charges Tuesday with separate statements of admission, acknowledging they could be found guilty if they stood trial.

  • March 26, 2024

    Nelson Mullins Expands DC Team With DOJ Fraud Atty

    Nelson Mullins Riley & Scarborough LLP has hired a nearly nine-year veteran of the U.S. Department of Justice who joins the firm in Washington, D.C., to continue her practice counseling clients on related government investigations.

  • March 26, 2024

    High Court Wary Of Bid To Limit Abortion Pill Access

    The U.S. Supreme Court seemed skeptical Tuesday of efforts by anti-abortion groups to severely limit access to the abortion medication mifepristone, with several justices appearing unconvinced that the groups had the right to sue over the Food and Drug Administration's regulation of the pill.

  • March 26, 2024

    Workers, Athena Health Seek OK For Meal Break Wage Deal

    Athena Health Care Systems and two of its former workers asked a Connecticut federal court to approve their proposed settlement agreement resolving claims that the company deducted wages for meal breaks even though it purportedly made them work during those breaks.

  • March 26, 2024

    McCarter & English Lands Riker Danzig Litigator In NJ

    McCarter & English LLP announced Tuesday that it has strengthened its healthcare practice in Newark, New Jersey, with the addition of Khaled "Kay" Klele, a litigator who joined from Riker Danzig LLP.

  • March 25, 2024

    Former Next Health Exec Sanctioned For Evidence Slipup

    A Texas federal judge sanctioned a former executive at the scandal-ridden ancillary services company Next Health, but didn't go so far as to level a case-killing default judgment against him, saying that while the plaintiffs lost access to key data, the executive didn't act with bad faith.

  • March 25, 2024

    COVID 'Cure' Claims Can't Sustain Fraud Suit, 9th Circ. Rules

    A biopharmaceutical company's "enthusiastic" statements to Fox News and others about a potential COVID-19 cure do not amount to fraud and cannot sustain a shareholder lawsuit accusing the company and its top executives of deceiving the market by pretending that a breakthrough was much more consequential than it actually was, the Ninth Circuit ruled on Monday.

  • March 25, 2024

    J&J Exec 'Shocked' Over Atty's Ties With Talc Plaintiffs

    Johnson & Johnson's vice president of litigation said on Monday he was "utterly shocked and appalled" upon learning an attorney who served as the company's outside counsel was working with its adversary Beasley Allen Law Firm and one of its attorneys in litigation over the alleged link between the company's talcum powder products and ovarian cancer.

  • March 25, 2024

    Amgen Sues Colorado After Drug's 'Unaffordable' Rating

    Amgen has sued the Colorado Prescription Drug Affordability Review Board in federal court after receiving a determination that one of its arthritis drugs is "unaffordable," saying the board is using unconstitutionally "unguided discretion" to impose arbitrary price controls on patent-protected drugs.

  • March 25, 2024

    IHS Fears Budget Cuts Over Tribal Healthcare Funding Case

    Federal government attorneys told the U.S. Supreme Court on Monday that Indian Health Services might be forced to cut its budget by 40% if two Native American tribes prevail in their bids to uphold rulings that ordered they be reimbursed millions in administrative healthcare costs.

  • March 25, 2024

    Fla. Hospital Can't Avoid Suit Over Unexplained Fractures

    A Florida appeals court has revived a man's claims against a hospital over unexplained fractures he sustained while unconscious and recovering from a drug overdose, saying he can proceed on a theory that the injuries couldn't have happened without negligence.

  • March 25, 2024

    What To Watch As Opioid Litigation Goes To Ohio High Court

    The Ohio Supreme Court on Tuesday will become only the second state high court to hear oral arguments on whether the opioid epidemic is a public nuisance, the controversial legal theory underpinning numerous suits across the country including a $650 million award that two Ohio counties won against Walmart, CVS and Walgreens.

  • March 25, 2024

    Arbitration Agreement Scrapped In NJ Doc's Sex Assault Suit

    A New Jersey appeals court on Monday undid an order compelling arbitration in a pain management physician's suit alleging a fellow doctor sexually assaulted her, finding the arbitration agreement in her employment contract ambiguous and unenforceable.

  • March 25, 2024

    Ga. Judge Slams Attys Over 'Incredible' House Arrest Request

    A Georgia federal judge on Monday postponed the sentencing of a cybersecurity contractor convicted of hacking into a hospital's computer systems after tearing into his attorneys over their request for nearly five years of home confinement instead of prison, for which the judge found "no basis."

  • March 25, 2024

    Texas Co. Hit With COVID Products Ban, $37.6M Fine To FTC

    A federal judge has ordered a Houston-area man and his company to pay the FTC nearly $37.6 million, writing that he "took advantage of consumers' desperation" during the COVID-19 pandemic and "consistently misled" customers about his ability to deliver personal protective equipment. 

  • March 25, 2024

    Fla. Pharmacy Says It Was Cut From Federal PrEP Program

    A Florida pharmacy says it was abruptly shut out of a federal program that provides free access to preexposure prophylaxis HIV-prevention medication, asking a D.C. federal judge on Monday to force the U.S. Department of Health and Human Services and two contractors to reinstate the pharmacy to the program.

  • March 25, 2024

    Cannabis Bill Roundup: NY Targets Illicit Pot Sellers

    New York lawmakers introduced legislation to punish unlicensed cannabis sellers, Hawaii legislators made modifications to a proposal to legalize recreational marijuana, and a Connecticut bill targeting synthetic cannabinoids was referred to a legislative research office. Here are the major moves in cannabis legislation from the past week.

  • March 25, 2024

    Paul Weiss-Led AbbVie Inks Up To $212M Deal For Landos Bio

    AbbVie Inc., represented by Paul Weiss Rifkind Wharton & Garrison LLP, said Monday it will pay up to $212.5 million for Cooley LLP-led Landos Biopharma Inc., a clinical-stage biopharmaceutical company developing treatments for autoimmune diseases.

  • March 25, 2024

    Mich. Defense Bar Wants To Block Lost-Earnings 'Windfall'

    An organization representing Michigan civil defense attorneys has pushed the state's Supreme Court to hold that a deceased person's future earning capacity cannot be recovered in a wrongful death lawsuit, saying the plaintiffs bar is using a recent decision to double-dip on damages.

  • March 25, 2024

    3rd Circ. Won't Rethink AbbVie Privilege Ruling

    The Third Circuit refused Monday to reconsider a ruling that found AbbVie was unable to show a lower court went against precedent or made errors when ordering the drugmaker to turn over attorney communications from a patent case allegedly meant to delay an AndroGel rival.

  • March 25, 2024

    Catching Up With Delaware's Chancery Court

    Last week in Delaware's Court of Chancery, litigants battled as Truth Social went public, Carl Icahn and Tripadvisor hit a roadblock, and more shareholders wailed about "invasive" bylaws. Oil drilling and pharmaceutical mergers sparked new lawsuits, and a sewing machine trademark owner sued to end a contract.

  • March 25, 2024

    Novo Nordisk Inks $1.1B Deal For German Pharma Biz

    Danish pharmaceutical giant Novo Nordisk A/S said Monday it has signed a deal to acquire Cardior Pharmaceuticals of Germany for just over €1 billion ($1.1 billion) to widen its focus on cardiovascular diseases.

  • March 25, 2024

    7th Circ. Affirms Co. Can't Get $3.5M Software Deduction

    A healthcare company that helps nursing homes buy equipment is not entitled to $3.5 million in tax deductions meant for domestic software production, the Seventh Circuit ruled, saying the company failed to meet the threshold for the break because it didn't actually provide software to customers.

Expert Analysis

  • Exploring Menopause Benefits: A Guide For Employers

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    With 64% of women surveyed in 2023 wanting employer-sponsored menopause benefits, companies that wish to recruit and retain female employees should consider updating both their healthcare plans and corporate culture to help these often-marginalized workers feel and perform their best, say Diane Dygert and Maria Rossi at Seyfarth.

  • Bracing For Calif.'s New Health Transaction Framework

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    As California's new cost and market impact review regulations' April 1 date for its updated notice and review process approaches, healthcare entities should ready themselves for dramatic changes to the state's regulatory landscape and prepare for potentially substantial transaction delays, say Jordan Grushkin and Matthew Goldman at Sheppard Mullin.

  • Uncharted Waters Ahead For FCA Litigation In 2024

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    Following a year of significant court decisions, settlements, recoveries and proposed amendments, 2024 promises to be a lively year for False Claims Act actions and litigation, and one that will hopefully provide more clarity as FCA jurisprudence evolves, say attorneys at Crowell & Moring.

  • ERISA Litigation Faces New Frontiers In 2024

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    As plaintiffs firms explore novel theories for recovery and the Department of Labor attempts to broaden the definition of an investment advice fiduciary, 2024 could see new types of Employee Retirement Income Security Act litigation after just 100 class actions were filed last year, say attorneys at Groom Law.

  • 5 Trade Secret Developments To Follow In 2024

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    Recent cases and trends in trade secret law indicate that significant developments are likely this year, and practitioners should be anticipating their impact on the business and legal landscape, say attorneys at Faegre Drinker.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Supreme Court Amgen Ruling's Major Effect On Enablement

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    The U.S. Supreme Court's Amgen v. Sanofi invalidity holding continues to significantly affect technologies and all aspects of the patent system by providing confidence in the Federal Circuit's approach and a clearer understanding on enforceability and the disclosure needed for compliance, say Irena Royzman and Daniel Williams at Kramer Levin.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • OIG Report Has Clues For 2024 Healthcare Fraud Enforcement

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    A recent report from the Health Department's Office of the Inspector General reveals healthcare fraud and abuse enforcement trends that will continue in 2024, from increased telehealth oversight to enhanced policing of managed care, say attorneys at Sheppard Mullin.

  • Healthcare Industry Must Prepare For Greater AI Regulation

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    Healthcare entities that use even basic machine-based systems should pay close attention to a recent executive order and a proposed bill, both of which focus on artificial intelligence safety and security, and signal the government's intent to establish a regulatory framework for AI-enabled technology, says Kristen Petry at Spencer Fane.

  • How 4 State AGs Are Shaping Data Privacy Compliance

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    As the landscape of state data privacy laws continues to grow across the nation, understanding how state attorneys general — such as in California, Colorado, Connecticut and Virginia — are thinking about these laws is critical to begin forecasting how enforcement will play out, say Michelle Kallen and Daniel Echeverri at Jenner & Block.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • Tips For Contractors Preparing For Potential Gov't Shutdown

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    With elements of the Congress’ latest continuing resolution expiring on Jan. 19, companies that may be fatigued by preparing for potential shutdown after potential shutdown should consider the current political climate and take specific steps now, say attorneys at Miller & Chevalier.

  • 2 FCPA Settlements Illuminate Self-Disclosure, Disgorgement

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    Two of last year’s Foreign Corrupt Practices Act settlements — with biomedical company Lifecore and mining company Corsa Coal — suggest that the government will be much more flexible in negotiating disgorgement amounts if an entity voluntarily self-discloses misconduct, say Michael Gilbert and Lucas Amodio at Sheppard Mullin.

  • Opinion

    Conflicts Abound When Activist Short-Sellers Publish Reports

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    The self-serving relationship between activist short-sellers and plaintiff-side litigators is conflict-ridden and hinders the fact finder's impartiality when a short report forms the basis for lead plaintiffs' allegations, say Nessim Mezrahi and Stephen Sigrist at SAR.

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