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Health
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August 26, 2024
NY Nursing Homes Can't Duck AG's $83M Fraud Suit
A New York judge shot down a bid by four nursing homes and their operators to dismiss the state attorney general's claims that they defrauded Medicare and Medicaid and neglected residents.
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August 23, 2024
NY Can't Sue Groups Over Abortion 'Reversal' Ads, For Now
A New York federal judge temporarily blocked the state's attorney general from taking enforcement action against certain pregnancy counseling centers for promoting a method of "reversing" medication abortions that medical associations say is not backed by science, saying the groups' conduct is likely protected by the First Amendment.
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August 23, 2024
Abbott Judge Suggests $54M Judgment In Test Strip TM Case
A New York federal magistrate judge has recommended that default judgments totaling more than $54 million be entered against 85 companies and individuals who didn't respond to Abbott Laboratories' nearly decade-old trademark suit over gray-market diabetes test strips, according to a report and recommendation filed Thursday.
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August 23, 2024
TriZetto Says Infosys Swiped Healthcare Software Secrets
Cognizant TriZetto Software Group Inc. on Friday lodged trade secret misappropriation and breach of contract claims against competitor Infosys Ltd., alleging that Infosys improperly used information about TriZetto's "closely guarded, proprietary software offerings" to develop its own competing products and services.
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August 23, 2024
Ohio Constitution Dooms 24-Hour Abortion Waiting Period
An Ohio state judge on Friday preliminarily blocked multiple Ohio civil and criminal abortion-related statutes requiring informed consent and a 24-hour waiting period, among other restrictions, finding that the statutes likely run afoul of the recently passed voter-backed state constitutional amendment enshrining the right to abortion.
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August 23, 2024
Matthew Perry Death Suit Could Blow Past Calif. Damage Cap
The federal indictment recently unsealed accusing two doctors and others of peddling the ketamine that caused Matthew Perry's death will serve as prime fodder for any wrongful death suit by the actor's estate, experts say, and California's medical malpractice damages cap may not even be a factor.
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August 23, 2024
Prime Healthcare's 401(k) Was In Good Hands, Judge Rules
Prime Healthcare Services Inc. beat a proposed class action in a bench trial over claims it allowed its employee 401(k) plan to be saddled with poor-performing investments and high costs, after a California federal judge ruled that the plan was prudently managed.
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August 23, 2024
McKinsey Opioid Suits Sent Back To NY, Illinois State Courts
A California federal judge has remanded, to their respective state courts, cases brought by dozens of New York municipalities and two Illinois counties against McKinsey & Co. over its alleged role in the opioid crisis, saying the consulting firm's "tortured interpretations of state law" don't give the Golden State jurisdiction.
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August 23, 2024
The Biggest Product Liability Cases Of 2024: A Midyear Report
A U.S. Supreme Court ruling that formally ended judges' decades-long deference to federal agencies' understanding of the law, as well as multibillion-dollar settlements over so-called forever chemicals, made Law360's list of top product liability developments so far this year.
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August 23, 2024
Drugmakers' 'Subjective Beliefs' Obscured In Antitrust Case
A Pennsylvania federal judge has denied a request from direct purchasers of pharmaceuticals to compel the leaders of Abbott Laboratories and other companies to express "subjective beliefs" about sham patent litigation they allegedly engaged in, dismissing the purchasers' fears that the companies would change their position on certain issues at the last minute during trial.
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August 23, 2024
NY Lawmakers Hit With ADA Suit Over Contentious Mask Ban
A Long Island, New York, county that recently made it illegal for certain individuals to wear face masks in public has been hit with a lawsuit by a legal advocacy group alleging the ban discriminates against people with disabilities.
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August 23, 2024
NC Not Shielded From Racetrack's COVID Shutdown Suit
The North Carolina Supreme Court on Friday ruled a racetrack owner's lawsuit accusing state officials of violating his constitutional rights with a COVID shutdown order can survive dismissal, reasoning the claims were sufficient to overcome the government's protections from being sued.
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August 23, 2024
Alvarez & Marsal Adds Transfer Pricing Expert From EY
A former EY partner joined Alvarez & Marsal LLC to serve as managing director of its transfer pricing line of services in its New York office, the firm announced.
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August 23, 2024
Albertsons-Kroger Deal Tests FTC's Stepped-Up Merger Policy
The Federal Trade Commission's highly anticipated hearing to block Albertsons' planned $24.6 billion merger with Kroger kicks off Monday in a Portland, Oregon, courtroom in what attorneys say will be a pivotal test of the Biden administration's newly formalized merger policy.
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August 23, 2024
Clinic Biz Can Tap Additional Ch. 11 Lifeline, Judge Says
A Delaware bankruptcy judge agreed on Friday to allow clinic operator Pioneer Health to take on more debtor-in-possession financing as it works toward an asset sale, finding the latest arrangement to be in the debtor's best interest.
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August 23, 2024
Covington-Led Getinge Pays $477M For Organ Transplant Biz
Swedish healthcare company Getinge, advised by Covington & Burling LLP, has unveiled plans to buy Sheppard Mullin Richter & Hampton LLP-led Paragonix, a provider of organ transport products and services in the U.S., in a $477 million deal.
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August 23, 2024
Delaware Lets Ventis Move Pacira's False Ad Suit To Calif.
Ventis Pharma Inc., a pharmaceutical company developing nonopioid anesthetics, got a federal court's approval Friday to move a false advertising lawsuit filed by competitor Pacira BioSciences Inc. from Delaware to California, where Ventis is based.
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August 22, 2024
PBMs Can't Yet Duck Municipalities' Claims In Opioid MDL
The Ohio federal judge overseeing multidistrict opioid litigation on Thursday refused, for now, to throw out claims against pharmacy benefit managers Express Scripts Inc. and OptumRX Inc., finding that the PBMs' arguments were brought too early and a more robust record is needed.
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August 22, 2024
6th Circ. Reopens Red Cross Nurse's COVID-19 Vax Suit
The Sixth Circuit revived a former Red Cross nurse's claim that the nonprofit organization failed to accommodate her religious beliefs when it refused to exempt her from its COVID-19 vaccine mandate, ruling that the lower court held the plaintiff to an overly strict standard when it tossed her suit.
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August 22, 2024
Mich. Panel Upholds Block Of 24-Hour Abortion Waiting Period
Michigan appellate judges have refused to lift a preliminary injunction blocking the enforcement of a 24-hour waiting period and other abortion regulations, leaving in place a lower court decision that found the laws likely violate the state constitution.
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August 22, 2024
Ga. Appeals Court Tosses Nearly $1M Slip-And-Fall Fee Award
The Georgia Court of Appeals on Wednesday affirmed a trial court's decision to revoke nearly $1 million in attorney fees from a man who was allegedly injured after falling into a city of Atlanta water meter box while also affirming the trial court's imposition of spoliation sanctions against the city.
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August 22, 2024
Pennsylvania Hospital Gets 1 Week Reprieve In Steward Ch. 11
A Texas bankruptcy judge on Thursday approved an order setting general closing procedures for bankrupt hospital operator Steward Health Care, but gave Pennsylvania authorities a week's reprieve as they try to arrange a hospital sale.
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August 22, 2024
Ohio Justices Won't Upend Precedent On Service Rules
The Ohio Supreme Court on Thursday declined to overturn its precedent holding that participation in a case does not mean a defendant has waived a lack of service defense, though one justice urged reform to address the "gamesmanship" that the prior ruling allows.
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August 22, 2024
Philly Hospital Fights $45M Verdict For Teen Gunshot Patient
Temple University Hospital Inc. wants to undo a $45 million jury verdict, arguing in a posttrial brief that the jury made contradictory findings — that the hospital was responsible for a plaintiff's injuries, and that he'd been eating pieces of chicken against medical advice.
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August 22, 2024
Texas Tells High Court It's Not Idaho '2.0' In HHS Abortion Row
Texas and a pair of anti-abortion doctor organizations have urged the U.S. Supreme Court to reject the federal government's appeal of a Fifth Circuit decision blocking the Biden administration's guidance that hospitals must provide emergency stabilizing medical care, including abortions.
Expert Analysis
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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'Food As Health' Serves Up Fresh Legal Considerations
The growth of food as medicine presents a significant opportunity for healthcare organizations and nontraditional healthcare players to improve patient outcomes and reduce costs, though these innovative programs also bring compliance considerations that must be carefully navigated, say attorneys at McDermott.
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DC Circ. Ruling Heightens HHS Contract Pharmacy Challenges
The D.C. Circuit's recent ruling that the Section 340B program does not bar manufacturers from restricting deliveries of discounted drugs to contract pharmacies represents a second strike against the U.S. Department of Health and Human Services' current contract pharmacy policy and raises the stakes surrounding an upcoming Seventh Circuit ruling on the same issue, say attorneys at Foley Hoag.
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FTC Theories Of Harm After Anesthesia Co. Ruling
As Federal Trade Commission litigation against U.S. Anesthesia Partners proceeds following a Texas federal court's recent decision to dismiss a private equity sponsor from the suit, the case attempts to incorporate and advance some of the commission's theories of competitive harm from the final 2023 Merger Guidelines, say attorneys at Mintz.
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9th Circ. COVID 'Cure' Case Shows Perks Of Puffery Defense
The Ninth Circuit's March decision in a case surrounding a company's statements about a potential COVID-19 cure may encourage defendants to assert puffery defenses in securities fraud cases, particularly in those involving optimistic statements about breakthrough drugs that are still untested, say attorneys at Cahill Gordon.
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FTC Focus: Exploring The Meaning Of Orange Book Letters
The Federal Trade Commission recently announced an expansion of its campaign to promote competition by targeting pharmaceutical manufacturers' improper Orange Book patent listings, but there is a question of whether and how this helps generic entrants, say Colin Kass and David Munkittrick at Proskauer.
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Investors Can Aid In The Acceptance Of Psychedelic Medicine
Psychedelic medicine is ready to have its breakthrough moment, and although it still faces political, legal and communications challenges, private equity investors can play a significant role in changing the public perception on psychedelics from taboo to acceptance, say Kimberly Chew at Husch Blackwell, Charlie Panfil at the Daschle Group and Ethan Lutz at FTI Consulting.
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Class Actions At The Circuit Courts: May Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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3rd Circ.'s Geico Ruling May Encourage Healthcare Arbitration
The Third Circuit's recent decision in Geico v. Mount Prospect, finding that claims under New Jersey's Insurance Fraud Prevention Act can be arbitrated, strengthens arbitration as a viable alternative to litigation, even though it is not necessarily always a more favorable forum, say Khaled Klele and Jessica Osterlof at McCarter & English.
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Proposed Cannabis Reschedule Sidesteps State Law Effects
The U.S. Department of Justice's recent proposal to move cannabis to Schedule III of the Controlled Substances Act provides certain benefits, but its failure to address how the rescheduling would interact with existing state cannabis laws disappointed industry participants hoping for clarity on this crucial question, says Ian Stewart at Wilson Elser.