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Health
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December 11, 2024
Montana Justices Uphold Temporary Block On Trans Care Ban
Montana's highest court delivered a key victory for transgender youths and healthcare practitioners on Wednesday in a decision finding that privacy rights afforded by Montana's constitution favor a halt to the state's ban on gender-affirming care while litigation against it proceeds.
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December 11, 2024
Split 9th Circ. Nixes Trump-Era Hospital Reimbursement Rule
A split Ninth Circuit on Wednesday struck down a U.S. Department of Health and Human Services policy that boosted the Medicare reimbursement rate for hospitals in lower-income communities, saying the agency's former secretary lacked authority to issue the policy despite his "laudable goal" of helping lower-wage hospitals.
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December 11, 2024
Ga. Judge Refuses To Reconsider Toss Of Patient Data Suit
A Georgia federal judge has refused to reconsider the dismissal of a proposed class action alleging Piedmont Healthcare Inc. unlawfully shared patients' health data with Facebook via the company's tracking pixel tool.
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December 11, 2024
Texas Panel Says Hospital To Blame For Tonsillectomy Death
A Texas appeals court upheld a widow's wrongful death victory against a hospital, finding in a Wednesday opinion that the Laredo Medical Center hadn't done enough to show it hadn't negligently caused a man to bleed to death after a tonsillectomy.
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December 11, 2024
Law Firm Manager Gets Prison For Bribes In No-Fault Scam
A Manhattan federal judge on Wednesday hit a former law firm manager with a five-year prison sentence for paying $800,000 in bribes that fueled a $70 million no-fault automobile insurance fraud racket, saying his lawbreaking "was massive in scope."
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December 11, 2024
Doctors Group Asks DC Circ. To Pause Pot Hearings
A group of doctors who advise their patients on medical cannabis is asking the D.C. Circuit to put a stay on hearings set for January over whether to reschedule cannabis under the Controlled Substances Act, saying they were unfairly denied the chance to participate in those hearings.
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December 11, 2024
Neb. Medical Pot Legalization Hit With New Legal Challenge
A Republican former Nebraska state senator and opponent of cannabis reform has launched a new lawsuit aiming to invalidate a pair of ballot measures legalizing and regulating medical marijuana which supermajorities of Nebraskans approved on Election Day.
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December 11, 2024
Wisconsin Healthcare Co. Strikes Deal To End 401(k) Fee Suit
A Wisconsin healthcare organization has agreed to settle a proposed class action alleging it allowed its 401(k) plan to pay exorbitant administrative fees and cost employees millions of dollars in retirement savings, according to a Wednesday federal court filing.
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December 11, 2024
Kirkland-Led Patient Square Pays $4.1B For Animal Health Co.
Healthcare-focused private equity firm Patient Square Capital on Wednesday unveiled plans to acquire and take private dental and animal health distributor Patterson Companies Inc. in a $4.1 billion deal built by several law firms.
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December 10, 2024
Md. Jury Convicts Ex-Biotech Execs On Some Fraud Counts
Two former biotech executives were convicted on some counts Monday following a monthlong Maryland federal court trial in a case alleging they juiced CytoDyn Inc.'s share price by lying to investors about the development of a drug to treat HIV and COVID-19.
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December 10, 2024
9th Circ Reverses Cert. In Widow's Allianz Life Insurance Suit
A unanimous Ninth Circuit panel on Tuesday reversed a lower court decision granting class certification in a case claiming that Allianz LIfe Insurance didn't follow statutorily required notice provisions before denying life insurance claims, saying the lead plaintiff wasn't an adequate representative for the proposed class, among other concerns.
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December 10, 2024
Walgreens Sued For Docs After $107M FCA Deal With DOJ
Walgreens shareholders have sued the company in Delaware seeking to inspect its books and records over its alleged long-running practice of billing government healthcare programs for prescriptions that were not dispensed, arguing Monday "there's more than a credible basis to infer evidence" of wrongdoing by the retailer.
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December 10, 2024
Arb. Award 'Unjust' Enough To Toss? Ga. Justices Ponder
Justices of Georgia's Supreme Court appeared to agree Tuesday that arbitration of a dispute between a medical provider and its contractor unjustly turned into a one-sided affair, but hesitated to endorse the argument that the issues raised warrant throwing out the arbitrator's $1.75 million award in the contractor's favor.
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December 10, 2024
3rd Circ. Judge Unsure Subpoena Chills Anti-Abortion Donors
A Third Circuit panel on Tuesday weighed whether an anti-abortion pregnancy center would suffer irreparable harm absent a court order blocking the enforcement of a subpoena seeking information about its donors, questioning whether donors would be imminently chilled if their names are disclosed to New Jersey investigators.
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December 10, 2024
9th Circ. Says Idaho Can't 'Veto' Federal Law In Abortion Row
The Ninth Circuit seemed poised on Tuesday to turn away fresh arguments from Idaho officials claiming a state abortion ban does not conflict with a federal emergency stabilizing law, after the officials said the federal government can't impose conditions on private hospitals receiving Medicare funds.
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December 10, 2024
2nd Circ. Backs Deloitte's Win In 401(k) Fee Suit
The Second Circuit said a trial court correctly tossed a proposed class action by a group of workers claiming Deloitte saddled its $7.3 billion retirement plan with excessive recordkeeping fees, stating they couldn't overcome concerns that their claims amounted to comparisons of apples to oranges.
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December 10, 2024
Insurer Eyes Dismissal Of Pot Co. Trulieve's Coverage Case
An insurance company that is a unit of Berkshire Hathaway is arguing that it has no obligation to defend Trulieve Inc., which is being sued over a cannabis worker's death, urging a federal judge to toss the lawsuit brought by the largest medical marijuana operator in Florida.
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December 10, 2024
Mich. Panel Advances Bill To Raise Med Mal Damage Caps
Michigan lawmakers could increase the state's caps on certain medical malpractice damages and lift damages caps entirely in cases of extreme misconduct under a proposal approved by a state Senate committee Tuesday.
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December 10, 2024
FTC's Holyoak Says Chair OK With Some Cartels
Federal Trade Commissioner Melissa Holyoak said Lina Khan, the agency's current chair, is suggesting enforcers ignore anticompetitive activity if it's not being committed by what she considers "dominant firms."
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December 10, 2024
NC Addiction Clinic To Pay $825K To End Medicaid Fraud Suit
An addiction treatment and behavioral health clinic based in Raleigh will pay $825,000 to settle claims that it billed the North Carolina Medicaid program for medically unnecessary drug tests and treatment support programs, the state Attorney General's Office announced Tuesday.
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December 10, 2024
Fed. Circ. Overturns VA Rule On 'Special' Ambulance Rates
The Federal Circuit has vacated a U.S. Department of Veterans Affairs rule effectively reducing the rates the VA pays for "noncontract" ambulance services for disabled veterans, saying the rule exceeded the agency's statutory authority.
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December 10, 2024
Eli Lilly Says Tampa Health Biz Can't 'Pass The Buck' In TM Suit
Eli Lilly and Co. is asking a Florida federal judge not to throw out its claims that a Tampa Bay company falsely advertised that it offered Eli Lilly diabetes and obesity medications, saying it can't "pass the buck" to a co-defendant that owned the website that advertised its services.
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December 10, 2024
Ohio Justices Reject Opioid Nuisance Claims In $650M Appeal
The majority of the Ohio Supreme Court on Tuesday held that the state's product liability law doesn't allow for public nuisance claims to be brought over the opioid crisis, in a challenge to a $650 million verdict won by two counties.
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December 10, 2024
NLRB Judge Protections Get Ax In Constitutional Challenge
A Washington, D.C., federal judge on Tuesday sided with a Massachusetts hospital in its challenge to National Labor Relations Board judges' job protections, saying the board's judges must be removable at will, but stopping short of holding that their protections are a basis for blocking cases they're currently hearing.
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December 09, 2024
Healthcare Facilities Biz Settles DOJ Citizenship Bias Claims
Healthcare Services Group Inc. and one of its affiliates have agreed to pay roughly $17,400 in penalties and lost wages and benefits to put to rest the U.S. Department of Justice's allegations the company discriminated against prospective employees based on citizenship status, the Justice Department announced Friday.
Expert Analysis
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What Drug Cos. Must Know About NY Price Transparency Law
Drug manufacturers must understand the contours of New York's recently implemented law requiring self-reporting of drug price increases, as well as best practices for compliance and challenges against similar laws in other states, say Elizabeth Bierut and Angie Garcia at Friedman Kaplan.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Whistleblowers Must Note 5 Key Differences Of DOJ Program
The U.S. Department of Justice’s recently unveiled whistleblower awards program diverges in key ways from similar programs at other agencies, and individuals must weigh these differences and look first to programs with stronger, proven protections before blowing the whistle, say Stephen Kohn and Geoff Schweller at Kohn Kohn.
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The Licensure Landscape For Psychedelics Manufacturers
As the need for bulk manufacturing of psychedelic substances grows, organizations aiming to support clinical trials or become commercial suppliers must navigate a rigorous and multifaceted journey to obtaining a license from the U.S. Drug Enforcement Administration, say Kimberly Chew at Husch Blackwell and Jaime Dwight at Promega Corp.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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What FCA Cases May Look Like In The Age Of Generative AI
Generative artificial intelligence raises unique considerations both in the context of potentially leading to False Claims Act cases and in the discovery and litigation phases of these lawsuits, says attorney Rachel Rose.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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OSHA Workplace Violence Citation Highlights Mitigation Steps
The Occupational Safety and Health Administration's recent citation against behavioral health company Circles of Care sheds light on the enforcement risks companies may face for failing to prevent workplace violence, and is a reminder of the concrete steps that can help improve workplace safety, say attorneys at Benesch.
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When Banks Unknowingly Become HIPAA Biz Associates
There appears to be significant confusion regarding the application of the Health Insurance Portability and Accountability Act to financial institutions when serving healthcare-related clients, so these institutions should consider undertaking several steps as a starting point in the effort to achieve compliance, say attorneys at Vorys.
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The Regulatory Headwinds Facing Lab-Developed Tests
Though the U.S. Food and Drug Administration's final rule regarding regulation of laboratory-developed tests outlines a four-year plan for ending enforcement discretion, and though this rule is currently being challenged in courts, manufacturers should heed compliance opportunities immediately as enforcement actions are already on the horizon, say attorneys at Kirkland & Ellis.
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3 High Court Rulings May Shape Health Org. Litigation Tactics
Three separate decisions from the U.S. Supreme Court's most recent term — Loper Bright, Corner Post and Jarkesy — will likely strengthen healthcare organizations' ability to affirmatively sue executive agencies to challenge regulations governing operations and enforcement actions, say attorneys at McDermott.