Health

  • February 20, 2024

    High Court Blocks Bid By 3 States To Join Abortion Drug Case

    Republican attorneys general of three states on Tuesday lost in their attempt to join the U.S. Supreme Court case challenging approval of the abortion medication mifepristone, a potential blow to their efforts to ensure the case isn't dismissed for lack of standing.

  • February 20, 2024

    US Trustee Wants Sorrento Ch. 11 Tossed Or Relocated

    The U.S. Trustee's Office has moved to have Sorrento Therapeutics' Chapter 11 case dismissed, alleging the biopharmaceutical company manufactured a venue in Texas bankruptcy court, even as the debtor asked for court approval to sell off its assets to its CEO under a revised reorganization plan.

  • February 20, 2024

    High Court Won't Pick Up Medical Drivers' Class Status Row

    The U.S. Supreme Court declined Tuesday to review the D.C. Circuit's determination that a lower court must take another look at its finding that a group of nonemergency medical transportation drivers have enough in common to proceed as a class in their wage and hour action against their employer.

  • February 20, 2024

    Ill. Cardiologist Keeps Trial Win In Med Mal Death Suit

    An Illinois state appeals court on Tuesday declined to upend a trial victory for a cardiologist and his employer in a suit alleging he misdiagnosed the severity of a heart condition in a patient who later died, saying the trial court was not wrong to allow certain defense testimony or limit the plaintiff's evidence.

  • February 20, 2024

    Ala. Justices Deem Frozen Embryos Children Under State Law

    The Alabama Supreme Court ruled that frozen embryos count as children in a first-of-its-kind decision bemoaned by advocates and a dissenting judge as potentially ruinous for in vitro fertilization services in the state. 

  • February 20, 2024

    Patent Atty Group Supports Vanda In High Court Patent Case

    The National Association of Patent Practitioners, the American Council of the Blind and other groups have thrown their support behind Vanda's U.S. Supreme Court appeal of decisions invalidating its patents on Hetlioz, a drug for the blind.

  • February 20, 2024

    Eateries' Virus Losses Not Covered, Insurer Tells NC Justices

    Cincinnati Insurance Co. urged the North Carolina Supreme Court to affirm its win in a dispute with more than a dozen eateries over coverage for pandemic-related losses, saying government shutdown orders do not constitute direct physical loss or damage required to trigger coverage.

  • February 20, 2024

    Biotech Co. SomaLogic, Former Exec Settle Fight Over Stock

    Colorado-based biotechnology company SomaLogic Inc. and a former co-founder of a company it purchased in 2022 have resolved a lawsuit over the executive's departure and the fate of 400,000 unvested shares, with a California federal judge dismissing the case for good on Friday.

  • February 20, 2024

    Biology AI Startup Bioptimus Raises $35M Seed Round

    Artificial intelligence startup Bioptimus has raised $35 million to build an AI foundational model focused on biology, the company announced Tuesday.

  • February 20, 2024

    Ga. Justices Clarify Official's Role In Hospital Expansion Law

    The Supreme Court of Georgia has vacated the judgment of the Georgia Court of Appeals in a case concerning the standard that the state's community health commissioner must apply when reviewing a hearing officer's decision over an application to establish a new health service.

  • February 20, 2024

    $71M Deal Proposed To End Premier Inc. Share Exchange Suit

    Healthcare-purchasing giant Premier Inc. has agreed to a $71 million settlement of a derivative stockholder suit in Delaware's Chancery Court that challenged a $473.5 million payout in a 2020 restructuring, with stockholder attorneys seeking an award of up to $14 million in fees.

  • February 20, 2024

    Cedars-Sinai Can't Escape Ex-Worker's Retirement Fee Suit

    A California federal judge refused to toss a proposed class action against Cedars-Sinai Medical Center alleging mismanagement of an employee retirement plan, finding an ex-worker sufficiently backed up claims the California hospital system should have done more to lower fees and offer better investment choices to retirees.

  • February 20, 2024

    Permanent Need Dooms Request For H-2B Home Health Aides

    A U.S. Department of Labor appeals board has upheld the rejection of a business's request to hire four home health aides under the H-2B temporary foreign worker program, determining a certifying officer did not act arbitrarily and capriciously in finding the company failed to show its need for workers was temporary.

  • February 20, 2024

    Steward Health CEO Accused Of $45M Dividend Fraud

    A California medical staffing agency says embattled Steward Health Care owes it a whopping $45 million, telling a Texas federal court that Steward CEO Ralph de la Torre should cough up part of the sum because he issued a $111 million fraudulent dividend even though his company was drowning in debt.

  • February 20, 2024

    Fed. Circ. Backs Microsoft's PTAB Win Over 3D Patents

    The Patent Trial and Appeal Board properly invalidated a pair of 3D medical imaging patents challenged by Microsoft, the Federal Circuit affirmed Tuesday.

  • February 20, 2024

    Justices Decline Malpractice Dispute Over $6M Settlement

    The U.S. Supreme Court on Tuesday declined to hear the appeal of a Massachusetts legal malpractice suit in which Lubin & Meyer PC was accused, and cleared by a lower court, of pressuring a family into accepting a $6 million settlement that the family claims could have been higher.

  • February 20, 2024

    Insurers Say Pollution Exclusion Bars Cancer Suits Defense

    An oil company accused of causing four people to develop cancer through exposure to harmful chemicals should not have coverage for its defense of the claims, according to four Nationwide units that told an Illinois federal court the company has no pollution coverage.

  • February 20, 2024

    Healthcare Group Of The Year: Hogan Lovells

    Hogan Lovells' health team secured multibillion-dollar acquisitions and redefined the limits of federal antitrust challenges against state healthcare transactions in just two chapters of its landmark year for the health practice group, landing it among Law360's 2023 Healthcare Practice Groups of the Year.

  • February 20, 2024

    'Perfect Storm' Allows For Med Mal Suit Deadline Extension

    A New Jersey appeals panel won't throw out a woman's claims against an anesthesiologist in a suit over a botched procedure, saying a "perfect storm" of circumstances warrants an extension of the 120-day deadline for filing an affidavit of merit.

  • February 20, 2024

    Pa. Contractor Says Ohio Cosmetic Centers Skipped $2M Bill

    A construction contractor took the owner of several medical spa and cosmetic surgery practices to Pennsylvania state court on Friday after the healthcare firm allegedly halted projects in two Ohio suburbs and then failed to pay $2 million that the builder was owed for its work on them.

  • February 20, 2024

    Justices Won't Touch UBH Mental Health Coverage Case

    The U.S. Supreme Court declined Tuesday to hear United Behavioral Health's challenge to a Tenth Circuit decision that found the company violated federal benefits law by refusing to cover a teenage girl's inpatient mental health treatment claims.

  • February 16, 2024

    Judge Seeks Briefing On New Expert Proposed In Tylenol MDL

    U.S. District Judge Denise Cote signaled Friday that she's willing to consider a new expert witness proposed in the multidistrict litigation alleging prenatal exposure to acetaminophen causes ADHD, directing the parties to propose a briefing schedule on whether the expert's opinion is admissible.

  • February 16, 2024

    11th Circ. Upholds Insurer's Win In Worker's Health Bias Fight

    The Eleventh Circuit on Friday rejected a former Alfa Mutual Insurance Co. worker's bid to reopen her disability discrimination suit accusing the insurer of illegally firing her to sidestep high healthcare costs related to her multiple sclerosis and severe migraines.

  • February 16, 2024

    Athira Pharma Investors Win OK Of $10M Deal On Second Try

    Over 30,000 Athira Pharma investors have scored preliminary approval of a $10 million settlement over claims its former CEO manipulated studies relating to an Alzheimer's drug, five months after a Washington federal judge rejected their first bid but let them try again to address concerns over conflicts and equitable treatment.

  • February 16, 2024

    ADA Does Not Protect Medical Pot Use, Vt. Court Says

    A Vermont transit worker can't pursue a civil rights lawsuit against his employer who terminated him after he tested positive for marijuana, a Vermont federal judge has ruled, saying the Americans with Disabilities Act doesn't protect people with disabilities treated with medical marijuana.

Expert Analysis

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Despite HHS Opinion, Gift Card Giveaways Require Caution

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    Though the U.S. Department of Health and Human Services' Office of Inspector General recently determined that a healthcare consulting firm's gift card plans do not violate the Anti-Kickback Statute, the opinion does not suggest blanket approval for providing gift cards in exchange for referrals, say Ragini Acharya and Matthew Deutsch at Husch Blackwell.

  • How Merck Settlement Can Inform Cyberinsurance Approach

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    This month's settlement in Merck v. ACE spotlights how cyber exclusions have evolved since the significant decision in the case — allowing for insurance coverage despite the presence of a policy war exclusion — and where else corporate risk managers may look for coverage in case of a cyberattack, say attorneys at McGuireWoods.

  • Staying Ahead Of The AI Policymaking Curve

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    With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Notes Of Interest From 5th Circ. Illumina-Grail Merger Ruling

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    Attorneys at Simpson Thacher consider the Fifth Circuit's recent decision upholding the Federal Trade Commission's challenge of the Illumina merger with Grail, its much-needed boost to the Biden administration's antitrust agenda, and some silver linings the decision offers to merging parties.

  • DOJ's Biopharma Settlement Raises Anti-Kickback Questions

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    In the aftermath of the U.S. Department of Justice's settlement with Ultragenyx over genetic testing programs, it may be prudent to reevaluate genetic tests through the lens of the Anti-Kickback Statute and reconsider whether it is proper for free testing programs to be treated like patient assistance programs, says Mary Kohler at Kohler Health Law.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Series

    ESG Around The World: Canada

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    In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.

  • 5 Legal Considerations For Psychedelic Therapy Sector

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    With multiple developments signaling the rise of psychedelic-assisted psychotherapy, it is imperative that clinicians understand unique legal nuances ranging from corporate formation to specialized insurance coverage, say Kimberly Chew and Natasha Sumner at Husch Blackwell.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • How Lease Obligations Can Affect Subchapter V Debt Cap

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    Two recent bankruptcy rulings in the Eastern District of Virginia and the Southern District of New York take opposite positions on whether unmatured lease obligations are considered noncontingent debt for the purposes of calculating debtors' Subchapter V eligibility, say Joseph Orbach and Henry Thomas at Thompson Coburn.

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