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Health
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August 16, 2024
Feds Get Boost From Dem Reps In 5th Circ. PWFA Fight
The federal government's Fifth Circuit challenge to a court order blocking it from enforcing a law to protect pregnant workers in Texas got support on Friday from four Democratic lawmakers who argued the lower court ruling, if upheld, would undercut Congress' authority to set its own rules of operation.
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August 16, 2024
Calif. State Court Tosses Antitrust Case Against MultiPlan
A California state court has tossed a suit accusing MultiPlan Inc. of violating antitrust law through pricing tools used by health insurance providers, similar to claims being made in multidistrict litigation that were recently centralized in Illinois federal court.
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August 16, 2024
Drexel Accounting Prof Convicted Of Evading Tax On $3.3M
New Jersey federal jurors have convicted a Drexel University accounting professor on charges of tax evasion and filing false tax returns after the government accused him of failing to report $3.3 million in income from a Trenton pharmacy.
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August 16, 2024
NYC's Beth Israel Hospital Still Can't Close Amid Legal Fight
A New York state judge on Friday renewed a temporary restraining order that has delayed the shutdown of Mount Sinai Beth Israel Hospital, citing community members' concerns that its closure would create a healthcare desert in lower Manhattan.
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August 16, 2024
Carpenters Union Healthcare Plan Seeks To Ax Worker's Suit
A Carpenters-represented worker who lost health insurance once the union's healthcare plan stopped working with his employer lacks standing to sue the plan, the plan and its trustees argued in California federal court, suggesting the worker raise the issue with his employer or the union itself.
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August 16, 2024
Baltimore Inks $152.5M Opioid Deal With Cardinal Health
Baltimore announced Friday that it settled claims for $152.5 million with Cardinal Health over its alleged role in helping fuel the city's opioid crisis, reaching the deal with the pharmaceutical distributor ahead of a September trial against five remaining defendants and following separate $45 million settlements with Allergan and CVS.
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August 16, 2024
Ga. BCBS Fights Hospital Remand Bid In Reimbursement Suit
A Georgia Blue Cross Blue Shield unit is fighting a California hospital's push to have a lawsuit seeking $905,000 in reimbursements sent back to a Georgia state court, arguing the hospital's state law claims are preempted by the federal Employee Retirement Income Security Act.
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August 16, 2024
Birth Control Cos. Say Conn. Injury Suit Must Be Tossed
Several birth control companies have urged a Connecticut state court to toss a lawsuit brought by a woman alleging she was injured by the Filshie Clip contraceptive device, saying there is no jurisdiction because the parties involved in the case have no ties to Connecticut.
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August 16, 2024
States Get Teva Generic Price-Fix Case On Docket As 1st Trial
A Connecticut federal judge has granted a request from a coalition of state attorneys general suing a slew of generic-drug makers to try a case focused on Teva before proceeding with a different case that was first filed.
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August 16, 2024
24-Hour Abortion Delay Violates Ohio Constitution, Court Told
In the wake of an Ohio constitutional amendment enshrining the right to abortion, a state court heard arguments Friday as it considers whether to block laws requiring pregnant individuals to wait at least 24 hours before they can access abortions in the state.
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August 16, 2024
Ex-CEO Wants Verdict In COVID Test Kit Fraud Case Tossed
A former healthcare software executive found guilty of securities fraud for publicly touting a $670 million COVID test kit deal that ultimately collapsed wants his conviction thrown out, telling a New Jersey federal judge the government failed to establish every element of the crime.
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August 16, 2024
Ortho Center Seeks Lit Funding Details After Scuttled Verdict
A Minnesota-based orthopedic center wants a former patient to disclose information regarding his litigation financing agreement with Bench Walk Advisors following a $110 million malpractice verdict, which a judge later decided was "astronomical" and largely scrapped.
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August 16, 2024
OT Suit Against Ohio Healthcare Co. Heads To Mediation
An Ohio healthcare company and a nurse alleging it unlawfully deducted wages for meal breaks she was unable to take agreed to mediate her proposed collective overtime claims, according to court documents.
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August 16, 2024
5th Circ. Tosses Appeal In FTC's Anesthesia Antitrust Case
The Fifth Circuit has agreed with the Federal Trade Commission and tossed an early appeal from U.S. Anesthesia Partners in the agency's case accusing the group of monopolizing the Texas anesthesiology market through a "roll-up" strategy.
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August 16, 2024
Avantor Sells Clinical Services Biz To PE Shop In $650M Deal
Life sciences tools company Avantor Inc., advised by Arnold & Porter Kaye Scholer LLP, on Friday announced plans to sell its clinical services business to Ropes & Gray LLP-advised Audax Private Equity for $650 million.
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August 16, 2024
Psilocybin Right-To-Try Petition To Get 9th Circ. Hearing
A Ninth Circuit panel will hear oral arguments Monday in an appeal brought by a Seattle doctor seeking to administer psilocybin to terminal cancer patients under state and federal right-to-try laws.
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August 16, 2024
Taxation With Representation: Cleary, Kirkland, Skadden
In this week's Taxation with Representation, Mars Inc. sets a 2024 record with its $36 billion acquisition of Kellanova, Carlyle inks a $3.8 billion purchase with Baxter International Inc., and Performance Food Group Co. agrees to a $2.1 billion cash deal with Cheney Bros. Inc.
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August 16, 2024
Harris Economic Plan Targets Food Mergers, Price-Gouging
Vice President Kamala Harris unveiled an economic plan Friday that said her administration would "crack down" on large corporate food mergers and introduce the first-ever ban on price-gouging, a promise that comes just days after the announcement of one of the largest ever food industry tie-ups.
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August 16, 2024
NC Litigation Highlights Of 2024: A Midyear Report
Several-high profile cases in North Carolina came to a close in the first half of the year, from a second bribery conviction against an insurance magnate beset by legal woes, to the anticlimactic withdrawal of a state Supreme Court justice's much-watched free speech suit. Here, Law360 looks at those and other notable rulings so far in North Carolina.
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August 16, 2024
New Jersey Litigation Highlights Of 2024: A Midyear Report
A court's upheaval of New Jersey's longstanding "county line" ballot layout for the Democratic primary fueled both sides of the lively political aisle this year, while the same federal judge also riled the state's pharmaceutical hotbed by ending two challenges to Medicare's ability to negotiate drug prices. Here, Law360 looks at some of the notable cases so far in New Jersey.
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August 15, 2024
Jury Urged To 'Respect' $50M Demand In Colonoscopy Death
An Oregon state jury heard Thursday that $50 million is the right amount to award for a colonoscopy patient's death, as a lawyer for the patient's estate said in closing arguments, "We're not here asking you, we're here telling you."
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August 15, 2024
Philips' Fitness Tracker Patent Suit Is Back On Course
The Federal Circuit on Thursday breathed new life into a patent suit by electronics giant Philips targeting fitness trackers made by Garmin.
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August 15, 2024
Medical Records Co. Appealing Blocked Anti-Bot CAPTCHAs
Electronic medical records company PointClickCare will appeal last month's ruling from a Maryland federal judge enjoining it from using unsolvable CAPTCHA prompts to block a nursing home analytics firm's access to records, the company said Wednesday.
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August 15, 2024
NIH Accused Of Wrongly Eliminating Cos. From $50B IT Deal
Two companies have disputed their exclusion from the National Institutes of Health's pending $50 billion CIO-SP4 information technology procurement, saying they were qualified for the contract and the NIH hasn't explained its decisions.
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August 15, 2024
2023 Rule Revising Hospital Payments Struck Down
A Texas federal judge on Thursday sided with about a dozen hospitals challenging a federal regulation that they say will curtail their payments for treating low-income patients, declaring the rule unlawful and setting it aside.
Expert Analysis
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How Congress Is Tackling The US Healthcare Shortage
With healthcare shortages continuing across the U.S. despite industry efforts to improve patient access to care, increased Medicare support for graduate medical education could be a crucial component of the solution, say Sarah Crossan and Miranda Franco at Holland & Knight.
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Opinion
Why The Patent Eligibility Restoration Act Can Spur Progress
Patent practitioners have long wrestled with the effects of U.S. Supreme Court decisions that have muddied the waters of what can be patented, but the Patent Eligibility Restoration Act can change that, and those not involved with patents on a day-to-day basis can help get this act passed, says John White at Harness IP.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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The Current State Of Healthcare Transaction Reviews In Calif.
As of April, certain healthcare transactions in California have been subject to additional notification compliance requirements, and complying with these new rules could significantly delay and discourage some deals, says Andrew Demetriou at Husch Blackwell.
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Protecting Trade Secrets In US, EU Gov't Agency Submissions
Attorneys at Mintz compare U.S. and European Union trade secret laws, and how proprietary information in confidential submissions to the U.S. Food and Drug Administration and the European Medicines Agency is protected in the face of third-party information requests under government transparency laws.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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Careful Data Governance Is A Must Amid Enforcement Focus
Federal and state regulators' heightened focus on privacy enforcement, including the Federal Trade Commission's recent guidance on consumer protection in the car industry, highlight the importance of proactive risk management, compliance and data governance, say Jason Priebe and Danny Riley at Seyfarth.
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5 Critical Factors Driving Settlement Values In Cyber Litigation
Recent ransomware incidents and their legal repercussions offer five valuable insights into the determinants of settlement values in cyberattack-related litigation, and understanding these trends and their implications can better prepare organizations for the potential legal fallout from future breaches, says Peter Kamminga at JAMS.
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Money, Money, Money: Limiting White Collar Wealth Evidence
As courts increasingly recognize that allowing unfettered evidence of wealth could prejudice a jury against a defendant, white collar defense counsel should consider several avenues for excluding visual evidence of a lavish lifestyle at trial, says Jonathan Porter at Husch Blackwell.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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High Court's Abortion Pill Ruling Shuts Out Future Challenges
The U.S. Supreme Court's unanimous ruling in U.S. Food and Drug Administration v. Alliance for Hippocratic Medicine maintains the status quo for mifepristone access and rejects the plaintiffs' standing theories so thoroughly that future challenges from states or other plaintiffs are unlikely to be viable, say Jaime Santos and Annaka Nava at Goodwin.
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5 Steps To Navigating State Laws On Healthcare Transactions
As more states pass legislation requiring healthcare-transaction notice, private equity investors and other deal parties should evaluate the new laws and consider ways to mitigate their effects, say Carol Loepere and Nicole Aiken-Shaban at Reed Smith.
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Orange Book Warnings Highlight FTC's Drug Price Focus
In light of heightened regulatory scrutiny surrounding drug pricing and the Federal Trade Commission's activity in the recent Teva v. Amneal case, branded drug manufacturers should expect the FTC's campaign against allegedly improper Orange Book listings to continue, say attorneys at Ropes & Gray.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.