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Health
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January 23, 2025
BREAKING: 15 States Reach $7.4B Settlement With Sackler Family
A bipartisan coalition of states on Thursday announced a $7.4 billion settlement in principle with the Sackler family and their company Purdue Pharma Inc., representing the largest settlement to date with the family accused of contributing significantly to the opioid epidemic.
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January 22, 2025
10th Circ. Affirms Toss Of Surgical Assistants' Antitrust Suit
The Tenth Circuit on Tuesday refused to revive an antitrust lawsuit against a national surgical certification board accused of monopolizing a surgical assistants and technicians accreditation and certification market, saying in a published opinion that the Association of Surgical Assistants' failure to establish a relevant market doomed its antitrust claims.
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January 22, 2025
Fla. Court Proposes $19M In Damages In Spinal Products Suit
A Florida federal judge has recommended that the principal of spine medical equipment companies pay $19.3 million in damages after allegedly breaching an agreement and forming a direct competitor to a business he previously contracted with for exclusive distribution of its products.
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January 22, 2025
RFK Filings Show Biopharma Stakes, Millions In Firm Income
Robert F. Kennedy Jr. plans to sell off his stakes in two biopharmaceutical companies and step back from lucrative roles at a handful of law firms if he is confirmed to lead the U.S. Department of Health and Human Services, according to new financial disclosures.
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January 22, 2025
Maryland Gov. Taps NY Official As New Cannabis Head
Maryland Gov. Wes Moore on Wednesday announced the appointment of a New York cannabis official to run the state's marijuana regulatory agency.
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January 22, 2025
Med Mal Experts Need Only 1 Specialty, NJ Justices Rule
When a doctor accused of malpractice has more than one specialty, the plaintiff needs only to produce an affidavit of merit from a physician who is certified in one of the specialties, the New Jersey Supreme Court ruled Wednesday, overturning a state appellate court ruling.
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January 22, 2025
Prospect Seeks To Move Conn. Hospital Sale Suit To Texas
National hospital chain Prospect Medical Holdings on Wednesday told a Connecticut federal judge that its recent Texas bankruptcy filing means a suit over a collapsed $435 million deal to sell its Connecticut-based hospitals belongs in Texas bankruptcy court.
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January 22, 2025
Pa. Justices Revive Case Over Hospital Care Discontinuation
Pennsylvania's highest court on Wednesday ruled a trial court had reasonable grounds to halt plans by now-bankrupt hospital operator Prospect Medical Holdings Inc. to discontinue emergency and acute care services at a Delaware County facility.
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January 22, 2025
Wash. City Beats Fired Workers' Suit Targeting Vax Mandate
A Washington federal judge tossed a suit brought by city workers claiming they were illegally fired for opposing a COVID-19 vaccine mandate, ruling that the city they worked for didn't violate any of their rights by requiring them to get immunized or lose their jobs.
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January 22, 2025
Feds Trim Spine-Implant Kickback Case Ahead Of Trial
A Massachusetts federal judge has granted a motion by prosecutors to drop bribery charges against a maker of spinal implant devices and whittle down the case against two of its former executives.
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January 22, 2025
9th Circ. Won't Revive Express Scripts Generics Dispute
A Ninth Circuit panel won't renew a suit accusing Express Scripts of shortchanging a Seattle pharmacy on reimbursements for the generic version of HIV/AIDS drug Truvada, finding that only the name-brand prescription was listed in their contract as a "covered specialty medication" entitled to a higher payback rate.
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January 22, 2025
Unum Unlawfully Cut Disability, Hughes Hubbard Worker Says
Insurance company First Unum Life Insurance unlawfully halted a Hughes Hubbard and Reed LLP manager's long-term disability benefits and decided to solely follow in-house doctors' recommendations, a suit filed in New Jersey federal court claims.
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January 22, 2025
Paul Weiss Guides Ares On $304M Form Technologies Buy
Paul Weiss is guiding an Ares Management-led group on the $304 million purchase of a majority of Form Technologies Inc.'s common equity, in a transaction that allows Kirkland & Ellis LLP-advised Form to "substantially deleverage" its balance sheet, Form said Wednesday.
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January 22, 2025
Mounting Pressure For PE Exits To Drive IPO Volume In 2025
Private equity-backed companies will generate nearly half of initial public offerings in 2025, analysts predicted on Wednesday, driven by a growing demand for exit strategies among investors that have owned stakes in companies for lengthy periods.
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January 22, 2025
Minn. Senate Bill Seeks Income Tax Break For Med Costs
Minnesota would allow its tax filers to subtract uncompensated medical care and health insurance costs from their state taxable income under legislation introduced in the state Senate.
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January 21, 2025
Key Justices Stay Quiet As High Court Weighs FCC Deference
Several U.S. Supreme Court justices on Tuesday appeared open to giving district courts more leeway to review the Federal Communciations Commission's tome of regulations under the Telephone Consumer Protection Act, although the two justices expected to cast pivotal votes refrained from posing questions.
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January 21, 2025
Intuitive Seeks Midtrial End To Robo-Surgery Antitrust Suit
Before calling its first defense witness Tuesday, Intuitive Surgical urged a federal judge to find in its favor in a trial over claims that it abused its market dominance by blocking third parties from refurbishing a component of its da Vinci surgery robot, saying there's no evidence of an unlawful tying arrangement.
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January 21, 2025
The Legal And Practical Questions Around Trump's WHO Exit
President Donald Trump’s first-day order setting in motion the United States’ withdrawal from the World Health Organization could leave the nation less prepared for global health threats and trigger legal clashes over the president’s authority to act unilaterally.
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January 21, 2025
4th Circ. Won't Undo Doctor's Conviction For Reusing Devices
A former North Carolina ear, nose and throat doctor staring down 25 years in prison for healthcare fraud lost an appeal Tuesday seeking to overturn her conviction, with the Fourth Circuit finding that the lower court did not commit any reversible error that would favor a shot at redemption.
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January 21, 2025
FDA Says 3 States' Mifepristone Suit Can't Be In Texas
The U.S. Food and Drug Administration has renewed its effort to dismiss three states' challenge of the agency's approval of abortion medication mifepristone, arguing that the states have no plausible connection to the Northern District of Texas.
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January 21, 2025
Trump Taps Pot Legalization Opponent As Acting DEA Head
A stalled effort to loosen federal restrictions on marijuana will be overseen, at least temporarily, by a former U.S. Drug Enforcement Administration agent who has previously spoken out against marijuana reform and specifically criticized the former administration's bid to recategorize the drug.
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January 21, 2025
Calif. Appeals Court Reinstates Nurses' Wage Suit
A California appeals court upended a hospital operator's win on some claims in nurses' wage and hour lawsuit, saying the nurses put forward enough evidence to show their employer's rounding policy resulted in their underpayment.
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January 21, 2025
Union Worker Says He Has Standing To Sue Carpenters Plans
A Carpenters-represented worker suing a group of union benefit plans for cutting off his and his coworkers' benefits after a collective bargaining agreement expired is fighting to keep his lawsuit in California federal court, urging the court to reject the plans' argument that he lacked standing to sue.
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January 21, 2025
WWE Accuser Eyes Deal With Doctor In Medical Records Feud
A former legal staffer for World Wrestling Entertainment Inc. suing the company and ex-executives for alleged abuse is in talks to settle a related court fight with a celebrity doctor whom she accused of withholding medical information from her, the parties told a Connecticut state court judge Tuesday.
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January 21, 2025
Firm Slams Beasley Allen's Bid To Nix Suit Over Talc Team-Up
Smith Law Firm PLLC is urging a Mississippi federal court to reject Beasley Allen Law Firm's bid to dismiss or transfer a defamation and breach of contract lawsuit over their joint venture agreement for talc litigation against Johnson & Johnson, saying the case shouldn't be thrown out in favor of Beasley Allen's Alabama suit.
Expert Analysis
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UPS Penalty Demonstrates Goodwill Impairment Red Flags
The U.S. Securities and Exchange Commission's recent $45 million penalty against UPS for withholding reports of goodwill impairment should warn investors to watch for the telltale signs of companies inflating their worth by delaying tests that would reveal similar declines in the value of intangible assets, say attorneys at Labaton Keller.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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Courts Must Stick To The Science On Digital Addiction Claims
A number of pending personal injury and product liability lawsuits allege that plaintiffs have developed behavioral addictions to the use of social media and video games — but this is not yet recognized by relevant authorities as an addiction, so courts must carefully scrutinize such claims, say attorneys at DLA Piper.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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FTC Privacy Enforcement Takeaways From 2024
In 2024, the Federal Trade Commission distinguished three prominent trends in its privacy-related enforcement actions: geolocation data protections, data minimization practices, and artificial intelligence use and marketing, say Cobun Zweifel-Keegan at IAPP and James Smith at Dechert.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Issues To Watch In 2025's ERISA Litigation Landscape
Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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2024 Was A Significant Year For HIPAA Compliance
The Office of Civil Rights' high level of Health Insurance Portability and Accountability Act activity in 2024 and press releases about its specific focus on certain cybersecurity issues make it abundantly clear that the OCR is not going to tolerate widespread compliance complacency, says Nathan Kottkamp at Williams Mullen.
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5 Notable Information Security Events In 2024
B. Stephanie Siegmann at Hinckley Allen discusses 2024's largest and most destructive data breaches seen yet, ranging from ransomware disrupting U.S. healthcare systems on a massive scale, to tensions increasing between the U.S. and China over cyberespionage and the control of U.S. data.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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How 2025 NDAA May Affect DOD Procurement Protests
A bid protest pilot program included in the 2025 National Defense Authorization Act shifts litigation costs onto unsuccessful bid protesters and raises claim-filing thresholds, which could increase risks to U.S. Department of Defense contractors who file protests, and reduce oversight of DOD procurement awards, say attorneys at Venable.
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Looking Back At 2024's Noteworthy State AG Litigation
State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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Liability Risk For AI In Medical Devices Demands Greater Care
As regulators push for legal reform surrounding artificial intelligence and cases implicating product liability for AI in medical technology continue to rise, manufacturers must adapt and implement new strategies to accommodate evolving risks, say attorneys at Crowell & Moring.