Health

  • February 22, 2024

    ICE's Immunity Bars Bulk Of Virus Death Suit, For Now

    U.S. Immigration and Customs Enforcement has for now dodged most of a lawsuit over the death of a man who contracted COVID-19 in detention, after a California federal court ruled that sovereign immunity barred most of the case.

  • February 22, 2024

    Healthcare Group Of The Year: Ropes & Gray

    Ropes & Gray LLP's recent work facilitating several multibillion-dollar transactions, including the largest healthcare acquisition to date by Amazon.com Inc., has earned the firm a spot as one of Law360's 2023 Healthcare Groups of the Year.

  • February 22, 2024

    Locke Lord Settles Failed Health Plan Malpractice Suit

    Locke Lord LLP has reached a settlement to resolve a health plan fiduciary's malpractice suit alleging the firm provided bad legal advice that doomed the plan, permanently ending an Illinois federal suit first filed in 2018.

  • February 22, 2024

    Deals Rumor Mill: Occidental, Kroger-Albertsons, BuzzFeed

    Occidental explores a $20 billion sale of Western Midstream, the FTC and some states could sue to block the $24.6 billion Kroger-Albertsons deal, and The Independent is taking over BuzzFeed's U.K. and Irish operations. Here, Law360 breaks down the notable deal rumors from the past week.

  • February 22, 2024

    Esformes Gets Time Served In Plea Deal With Gov't

    The yearslong prosecution against Miami nursing home mogul Philip Esformes ended Thursday when he pled guilty to one of the pending healthcare fraud charges against him and was sentenced to time served.

  • February 21, 2024

    Nurses Ignored Surgery Patient's Fatal Sepsis, Fla. Jury Hears

    Nurses at Florida's Bayport Medical Center neglected a post-op patient as she developed sepsis and eventually died in the ICU, and one nurse revised notes to conceal the negligence, jurors heard in opening arguments Wednesday.

  • February 21, 2024

    Del. Suit Accuses Healthcare Data Co. Exec Of Insider Trading

    A stockholder launched a derivative lawsuit late Wednesday in Delaware's Court of Chancery, alleging the founder of a behavioral healthcare data firm traded company shares using insider information and that nearly a dozen current and former directors and officers provided false and misleading disclosures about the business.

  • February 21, 2024

    Texas Panel Unsure Hospital Should Escape $6M MedMal Suit

    A Texas state appellate panel on Wednesday wondered why Harris Hospital should duck liability for a contractor's critical error that left a woman with severe brain damage, with one justice saying the rules that govern Medicaid are "good enough for Texas."

  • February 21, 2024

    Hospital Debt Collector To Pay $1M To End Wash. AG's Claims

    Debt collector Harris & Harris has agreed to shell out $1 million to resolve allegations that it collected medical debt payments from tens of thousands of Washington state patients without disclosing that they might qualify for financial assistance, according to a consent decree filed in state court on Wednesday.

  • February 21, 2024

    39 AGs Call For Federal Pharmacy Benefit Manager Reform

    The list of critics of pharmacy benefit managers continues to grow as nearly 40 attorneys general have thrown their weight behind a trio of federal bills they say would force more transparency into an "opaque" industry that has "been a cause of rising drug prices."

  • February 21, 2024

    Judges Doubt Surgery Center Co. Can Undo Contract Loss

    Colorado appellate judges were skeptical Wednesday that a surgery center company could unwind a jury's verdict that it breached a contract with a management services firm because jurors never heard that poor performance could justify canceling the deal, noting that the jury ultimately disagreed that the management company was at fault.

  • February 21, 2024

    FDA Let Pharma Co. 'Sidestep' Application Rules, Court Told

    The Food and Drug Administration has been hit with a suit alleging it wrongly allowed a drugmaker to expand the scope of its application to market a generic version of a blockbuster pulmonary hypertension drug.

  • February 21, 2024

    Pa. High Court Returns Insurer's Status Question To 3rd Circ.

    The Pennsylvania Supreme Court reversed its decision to consider whether a state-created insurer of last resort is a public or private entity, sending the case back to the Third Circuit on Wednesday after determining that the question was a matter of federal law.

  • February 21, 2024

    Idaho Asks High Court For Stay In Gender Care Ban Dispute

    The state of Idaho has asked the U.S. Supreme Court to issue an emergency stay against a district court's injunction temporarily blocking the state from enforcing a law banning gender-affirming care for minors while the case plays out in the Ninth Circuit.

  • February 21, 2024

    Doc Keeps Trial Win In Suit Over Patient's Medication List

    A New York state appeals panel on Wednesday declined to grant a new trial to a widow who alleged her husband's doctor failed to tell his surgeon about his essential medications, saying the trial court did not allow the doctor to impermissibly pass the blame to defendants who'd already been dismissed from the case.

  • February 21, 2024

    Morgue Manager's Wife Cops To Role In Body Part Sales

    The wife of a Harvard University morgue manager will cop to interstate transport of stolen goods for her role in the alleged scheme to steal and sell human remains to a nationwide network, prosecutors said Wednesday.

  • February 21, 2024

    Rite Aid Gets OK To End Former Queens Store Lease

    Rite Aid Corp. was given permission Wednesday to reject a lease and sublease for a former store in Queens, New York, after a New Jersey bankruptcy judge found that doing so would benefit the debtor's estate.

  • February 21, 2024

    'Loser Pays' Arbitration Pact Spurs Age Bias Case's Revival

    An Ohio state appeals court revived a fired orthodontist's age bias suit claiming she was sacked after complaining that a younger colleague harassed her, ruling that a trial court was too quick to kick the case to arbitration in light of the contract's potentially problematic "loser pays" clause.

  • February 21, 2024

    Actelion Cites FDA Safety Rules Against Tracleer Antitrust Suit

    Actelion Pharmaceuticals Ltd. said federal rules controlling distribution of potentially dangerous drugs spare it from antitrust litigation over its hypertension drug Tracleer, arguing it was required to deny needed samples to would-be generic competitors until they presented the right certification of safeguards.

  • February 21, 2024

    Calif. Bill Would Let AG Audit Private Equity Healthcare Deals

    California Attorney General Rob Bonta and Assembly Speaker Pro Tempore Jim Wood have filed legislation that will give the state's AG oversight of private equity and hedge fund acquisitions of healthcare facilities, saying that private equity is causing soaring consumer costs.

  • February 21, 2024

    JPMorgan Got $400M Before Inovalon Sale, Del. Justices Hear

    Inovalon didn't properly disclose that investors that bought the healthcare data company in 2021 paid $400 million in fees to its financial adviser, a JPMorgan unit, before the transaction, a reason enough to revive a lawsuit challenging the $7.3 billion acquisition, counsel for stockholders told Delaware's Supreme Court Wednesday.

  • February 21, 2024

    Conn. Court Pauses Refund Plan For Ex-Nursing Students

    Over the objections of the Connecticut attorney general, a judge has temporarily halted a state agency's plan to refund some tuition money that students paid to the now-shuttered nursing school Stone Academy, siding with a proposed class of affected students who want to avoid waiving their legal rights in order to receive the payments.

  • February 21, 2024

    Juror Misconduct Warrants New Trial In Birth Injury Suit

    A Tennessee appeals panel has revived a woman's claims that her obstetrician caused birth injuries to her newborn by failing to administer an EpiPen when she had an allergic reaction to a medication, saying a juror likely polluted the verdict by bringing in outside information to deliberations.

  • February 21, 2024

    3rd Circ. Kicks Data Privacy Suit Against Penn To State Court

    A proposed class action alleging that the University of Pennsylvania violated the state's privacy law must head back to state court, the Third Circuit ruled Wednesday, rejecting arguments that the university health system acted as a federal officer by operating an online patient portal.

  • February 21, 2024

    J&J Beats Suit Alleging Sunscreen Caused Ga. Woman's Cancer

    Johnson & Johnson has beaten claims that its carcinogen-laced sunscreen caused a Georgia woman's cancer after a Peach State federal judge said she failed to credibly allege the company's product was tainted or the source of her illness.

Expert Analysis

  • Despite Risks, AI Is A Worthy Tool For Healthcare Industry

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    Artificial intelligence appears to provide a productive path forward for the healthcare industry, improving economic and human health outcomes, though companies must continue to address certain technology and compliance pain points, says Sarah Abrams at Bowhead Specialty Underwriters.

  • Navigating New Regulations In Healthcare And Other M&A

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    While notice requirements recently enacted in several states are focused on the healthcare industry for now, this trend could extend to other industries as these requirements are designed to allow regulators to be a step ahead and learn more about a transaction long before it occurs, say Kathleen Premo and Ashley Creech at Epstein Becker.

  • New CMS Rule Will Change Nursing Facility Disclosures

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    A new rule from the Centers for Medicare & Medicaid Services significantly expands disclosure requirements for nursing facilities backed by private equity companies or real estate investment trusts, likely foreshadowing increased oversight that could include more targeted audits, say Janice Davis and Christopher Ronne at Morgan Lewis.

  • Skirting Anti-Kickback Causation Standard Amid Circuit Split

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    Amid the federal circuit court split over the causation standard applicable to False Claims Act cases involving Anti-Kickback Statute violations, which the First Circuit will soon consider in U.S. v. Regeneron, litigators aiming to circumvent the heightened standard should contemplate certain strategies, say Matthew Modafferi and Terence Park at Frier Levitt.

  • What To Know About WDTX Standing Order For Patent Cases

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    Patent litigators should review and ensure compliance with the standing order recently issued by U.S. District Judge Alan Albright of the Western District of Texas — a popular patent litigation venue — which encompasses new deadlines, seeks to streamline discovery disputes, and further reflects the court's existing practices, says Archibald Cruz at Patterson + Sheridan.

  • What New Calif. Strike Force Means For White Collar Crimes

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    The recently announced Central District of California strike force targeting complex corporate and securities fraud — following the Northern District of California's model — combines experienced prosecutorial leadership and partnerships with federal agencies like the IRS and FBI, and could result in an uptick in the number of cases and speed of proceedings, say attorneys at MoFo.

  • Healthcare Collabs Can Alleviate Labor, Antitrust Challenges

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    Two major challenges facing hospitals and health systems include labor shortages and increased antitrust scrutiny at both federal and state levels, but collaborative efforts may help with addressing these difficulties, says Sumaya Noush at McDermott.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Expediting Psychedelics Approvals In The EU, UK, Australia

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    Accelerated pathways for regulatory approvals for psychedelic drugs in the European Union, U.K. and Australia is indispensable to facilitate a seamless advancement of treatments from the research environment to the consumer, say Kimberly Chew at Husch Blackwell, and Ana Dukic and Sabrina Ramkellawan at AxialBridge.

  • Series

    ESG Around The World: Brazil

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    Environmental, social and governance issues have increasingly translated into new legislation in Brazil since 2020, and in the wake of these recently enacted regulations, we are likely to see a growing number of legal disputes in the largest South American country related to ESG issues such as greenwashing if companies are not prepared to adequately adapt and comply, say attorneys at Mattos Filho.

  • Opinion

    Gilead Ruling Signals That Innovating Can Lead To Liability

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    A California appeals court's ruling last month in Gilead Life Sciences v. Superior Court of San Francisco that a drug manufacturer can be held liable for delaying the introduction of an improved version of its medication raises concerns about the chilling effects that expansive product liability claims may have on innovation, says Gary Myers at the University of Missouri School of Law.

  • Vagueness In Calif. Climate Law Makes Compliance Tricky

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    California's recently enacted Voluntary Carbon Market Disclosures Act requires companies making claims of carbon neutrality, or significant greenhouse gas emissions reductions, to disclose information supporting those claims — but vague and conflicting language in the statute poses multiple problems for businesses, say John Rousakis and Chris Bowman at O'Melveny.

  • Grant Compliance Takeaways From Ga. Tech's FCA Settlement

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    Georgia Tech’s recent False Claims Act settlement over its failure to detect compliance shortcomings in a grant program was unique in that it involved a voluntary repayment of funds prior to the resolution, offering a few key lessons for universities receiving research funding from the government, says Jonathan Porter at Husch Blackwell.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Potential Defendant Strategies Amid Calif. Privacy Questions

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    Although the current case law surrounding the California Consumer Privacy Act is in its infancy, courts have begun addressing important issues related to the notice-and-cure provisions of the statute, and these decisions show defendant-businesses would be wise to assert their notice rights early and repeatedly, say Viola Trebicka and Dan Humphrey at Quinn Emanuel.

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