Health

  • April 01, 2024

    Fed. Circ. Revives Challenges To J&J Schizophrenia Drug

    A Federal Circuit panel on Monday gave generics-makers Teva Pharmaceuticals USA Inc. and Viatris Inc. a new chance to prove that a patent on Johnson & Johnson's blockbuster schizophrenia drug Invega Sustenna is invalid, saying a lower court used an "erroneously rigid" analysis when rejecting their challenge.

  • April 01, 2024

    Catching Up With Delaware's Chancery Court

    Last week, Delaware's Court of Chancery saw a $42.5 million settlement, dismissal of two big suits with two more remanded back, and new cases from shareholders of Walt Disney, Donald Trump's Truth Social, Rivian Automotive and BarkBox.

  • April 01, 2024

    Ford Can Keep Pursuing Narrowed BCBS Antitrust Suit

    A Michigan federal judge has trimmed some of Ford Motor Co.'s time-barred claims alleging Blue Cross Blue Shield engaged in an anti-competitive scheme to drive up prices, but said the auto giant established it had standing to pursue allegations it was injured by market-restricting agreements among insurance licensees.

  • April 01, 2024

    Swedish Match Sued Over Allegedly Youth Targeted Zyn Ads

    Philip Morris International and its subsidiary Swedish Match North America LLC have been hit with a putative class action from an unnamed California man alleging he became addicted to the company's Zyn smokeless oral nicotine pouches when he was a minor because of the product's marketing campaign.

  • April 01, 2024

    Cigna Can't Escape Patients' ERISA Fight Over Claim Rates

    A Connecticut federal judge agreed to trim a federal benefits lawsuit against Cigna alleging the company underpaid claims from providers who indirectly contracted with the insurer, finding allegations from participants in employer-sponsored health plans could proceed to discovery but that several medical associations lacked standing to sue.

  • April 01, 2024

    Fla. High Court Says Voters Will Choose Whether To Legalize Pot

    Florida voters will have the opportunity to legalize recreational marijuana at the ballot box this November, after the state Supreme Court on Monday rejected a challenge brought by the state's attorney general and ruled that the proposal didn't violate a state rule restricting ballot measures to only one subject.

  • April 01, 2024

    Judge Won't Make EEOC Pay Atty Fees For Unsuccessful Suit

    The U.S. Equal Employment Opportunity Commission doesn't have to pay a Georgia hospital's attorney fees after jurors found in favor of the medical center on disability bias claims, a federal judge ruled, saying the jury's siding with the hospital didn't make the agency's suit frivolous.

  • April 01, 2024

    Lack Of Full Transcript Dooms Med Mal Verdict Appeal

    An Ohio state appeals panel has affirmed a verdict clearing a doctors' group from a woman's malpractice suit, saying without a full transcript of the trial, it can't conclude that the court was wrong to block her from presenting certain pieces of evidence.

  • April 01, 2024

    Fla. Justices Uphold Abortion Ban, Approve Pro-Choice Ballot Measure

    The Florida Supreme Court on Monday upheld a 15-week abortion ban in the state while also approving an initiative to preserve abortion access for placement on the ballot in November, leaving it to voters to decide the state's post-Dobbs future.

  • April 01, 2024

    Doctors Don't Have To Give Expert Opinions In Med Mal Suit

    A Pennsylvania federal judge has thrown out a man's suit seeking to force his doctors to provide an affidavit of merit for a malpractice suit, saying there's no legally recognized duty the doctors breached by refusing.

  • April 01, 2024

    Ore. Tax Court Upholds Nursing Home's $10.6M Valuation

    The owner of an Oregon nursing home did not present enough evidence to change the $10.6 million valuation found by a local assessor, the state tax court said.

  • March 29, 2024

    Petition Watch: Off-Label Ads, Retiree Discrimination & PPE

    A Utah attorney has asked the U.S. Supreme Court to determine whether allegedly retaliatory IRS summonses can be quashed, and two former pharmaceutical executives are challenging the constitutionality of their convictions for marketing the off-label use of a drug. Here, Law360 looks at recently filed petitions that you might've missed.

  • March 29, 2024

    Calif. Justices Rule Living Wills Not A Path To Arbitration

    The California Supreme Court has unanimously ruled that an advance healthcare directive, or living will, does not permit a designated power of attorney to opt into arbitration on a patient's behalf, a decision that, while blessed by consumer groups, left some in the medical community "pretty disappointed."

  • March 29, 2024

    Northern Texas Judges Won't Adopt Judge-Shopping Rule

    Judges with the Northern District of Texas have opted not to make any changes to how cases are assigned, despite a recent letter from Senate Majority Leader Chuck Schumer urging the district to implement an updated policy aiming to prevent litigants from judge shopping, the district's chief judge said Friday.

  • March 29, 2024

    Hogan Lovells Vet's High Court Debut A Study In Contrasts

    Several weeks ago, when a Hogan Lovells lawyer finally delivered U.S. Supreme Court arguments after 20 years at the firm, she parsed arcane arbitration issues and her words weren't widely heard outside the courtroom. But weeks later and back at the high court podium, her words were heard nationwide when she pointedly spotlighted a judge's use of "anonymous blog posts" in a bombshell abortion ruling.

  • March 29, 2024

    Judge Denies Injunction For Tyvaso Drug Competitor

    A D.C. federal judge Friday denied drugmaker United Therapeutics Corp.'s attempt to preemptively block the U.S. Food and Drug Administration from approving a new competitor to its blockbuster pulmonary hypertension medication Tyvaso, saying the company was effectively seeking to challenge an agency action before the FDA made one.

  • March 29, 2024

    4th Circ. Revives Data Breach Suit Against Medical Center

    The Fourth Circuit on Friday revived a proposed class action alleging that Sandhills Medical Foundation Inc. failed to protect the personal information of patients whose data was leaked following a cyberattack, saying the health care provider is not shielded under federal immunity and that the government cannot be substituted as a defendant.

  • March 29, 2024

    Home Depot Asks High Court To Block $2.67B BCBS Deal

    Home Depot has asked the U.S. Supreme Court to take up its challenge of a $2.67 billion settlement in antitrust litigation targeting Blue Cross Blue Shield, saying the deal immunizes activity that hurts competition.

  • March 29, 2024

    Judge Axes UpHealth's Claim Estimation Bid In Bankruptcy

    A Delaware bankruptcy judge denied UpHealth Holdings Inc.'s request to treat a potential liability claim as worth nothing, saying the company hadn't shown that the bankruptcy case would be hindered if a state court was left to decide the claim's value.

  • March 29, 2024

    Texas Doc Who Didn't Treat Patient Must Face Med Mal Suit

    A Texas state appellate court has declined to toss a suit accusing an emergency department doctor of negligently supervising a physician assistant who failed to diagnose a woman's stroke symptoms, saying a factual dispute exists regarding whether a physician-patient relationship was formed.

  • March 29, 2024

    Ohio Abortion Providers File Suit Over 24-Hour Wait Period

    A group of Ohio organizations filed a lawsuit Friday on behalf of abortion providers in the state, arguing certain longstanding abortion regulations violate amendments made to the state's constitution in November that protect access to abortion care.

  • March 29, 2024

    Hedge Fund Beats Vaxart Investor's 'Short-Swing' Profits Suit

    A New York federal judge has granted a win to hedge fund Armistice Capital LLC and its managing member in a derivative suit brought by a shareholder of biotechnology company Vaxart Inc., which sought disgorgement of short-swing profits that allegedly were wrongfully obtained by the investment adviser.

  • March 29, 2024

    Conn. Surgeon Left Blade In Patient For 5 Years, Suit Says

    A surgeon with Connecticut Orthopaedics lost a scalpel blade during an operation in 2018 and tried to cover his tracks when X-rays revealed it had been sewn into the patient's shoulder, a federal lawsuit alleges.

  • March 29, 2024

    THL's $2.5B Deal To Buy Agiliti Sparks Chancery Suit

    A shareholder of Agiliti, a medical equipment and services provider on the cusp of being acquired and taken private by Thomas H. Lee Partners LP, has sued the healthcare company in Delaware's Court of Chancery, seeking more information about the controlling private equity stockholder's $2.5 billion buyout bid.

  • March 29, 2024

    NJ Law Firm Can Keep Benicar Malpractice Suit In Fed. Court

    The U.S. District Court for the District of New Jersey has refused to remand to state court a proposed malpractice class action accusing Mazie Slater Katz & Freeman LLC attorneys of unfairly taking an excessive fee out of plaintiffs' settlements in multidistrict litigation over the blood pressure drug Benicar.

Expert Analysis

  • Reducing The Risk Of PFAS False Advertising Class Actions

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    A wave of class actions continues to pummel products that allegedly contain per- or polyfluoroalkyl substances, with plaintiffs challenging advertising that they say misleads consumers by implying an absence of PFAS — but there are steps companies can take to minimize risk, say attorneys at Keller and Heckman.

  • USCIS Fee Increases May Have Unintended Consequences

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    U.S. Citizenship and Immigration Services’ new fee schedule, intended to provide the agency with needed funds while minimizing the impact of higher fees on individual immigrants and their families, shifts too much of the burden onto employers, say Juan Steevens and William Coffman at Mintz.

  • HR Antitrust Compliance Crucial Amid DOJ Scrutiny

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    The Justice Department's Antitrust Division recently announced a required human resources component for antitrust compliance programs, which means companies should evaluate their policies to prevent, detect and remediate potential violations as they add training for HR professionals, say attorneys at Morgan Lewis.

  • Lessons From Rare Post-Verdict Healthcare Fraud Acquittal

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    A Maryland federal court recently overturned a jury verdict that found a doctor guilty of healthcare fraud related to billing levels for COVID-19 tests, providing defense attorneys with potential strategies for obtaining acquittals in similar prosecutions, says attorney Andrew Feldman.

  • ChristianaCare Settlement Reveals FCA Pitfalls For Hospitals

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    ChristianaCare's False Claims Act settlement in December is the first one based on a hospital allegedly providing private physicians with free services in the form of hospital-employed clinicians and provides important compliance lessons as the government ramps up scrutiny of compensation arrangements, say attorneys at Sheppard Mullin.

  • Texas Ruling Clarifies That Bankruptcy Shields LLC Rights

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    A Texas bankruptcy court’s recent ruling in In re: Envision makes it clear that the Bankruptcy Code preempts a section of Delaware state law that terminates a member’s interest in an LLC upon a bankruptcy filing, clarifying conflicting case law, say Larry Halperin and Joon Hong at Chapman and Cutler.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • The Latest Antitrust Areas For In-House Counsel To Watch

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    The U.S. Department of Justice and the Federal Trade Commission's increasingly aggressive approach to antitrust enforcement means in-house counsel should closely monitor five key compliance issues, say attorneys at Squire Patton.

  • 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.

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