Health

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • December 09, 2024

    3rd Circ. Affirms NLRB's COVID-19 Bonus Pay Order

    The Third Circuit upheld on Monday a National Labor Relations Board decision finding a New Jersey nursing home illegally cut or stopped COVID-19 bonuses for unionized workers, supporting the board's assertion that the bonuses were hazard pay that the company was required to negotiate with the union.

  • December 09, 2024

    19 Republican AGs Win Order Against DACA Health Coverage

    Nineteen states secured an order on Monday that bars the federal government from requiring them to comply with a regulation that extends federal health coverage to immigrants brought to the U.S. as children without authorization, blocking enforcement of a Biden administration rule.

  • December 09, 2024

    Condom Co. Says Rival Owes $744K In 'Naked' IP Dispute

    A U.S.-based condom company told a Florida federal judge during a bench trial on Monday that an Australian rival owes at least $744,000 in attorney fees after losing in a dispute over use of the trademark "naked," saying the two had made a formal agreement but didn't memorialize it in writing.

  • December 09, 2024

    HIPAA Doesn't Require Interview Alerts, Mich. Panel Says

    A trial judge should not have forced an assisted living facility to notify a resident suing it for medical malpractice about which healthcare providers it was interviewing in ex parte meetings, a Michigan appeals panel has ruled.

  • December 09, 2024

    Ohio Justices Uphold Dialysis Co.'s Tax Liability On Services

    A dialysis company's receipts from laboratory tests and certain administrative costs should be sourced to Ohio, the state's highest court ruled Monday, rejecting the company's arguments that they should be sourced to other states where employees handling that part of the business performed work.

  • December 09, 2024

    UCLA Student Sues Doctors Over Transgender Misdiagnosis

    A UCLA student has sued a group of doctors in Los Angeles state court, alleging she was misdiagnosed with gender dysphoria when she was 12 and rushed into taking puberty blockers and testosterone and having a mastectomy before she realized she wasn't transgender.

  • December 09, 2024

    NC Attorney General Cans Counterclaims In HCA Hospital Suit

    North Carolina Attorney General Josh Stein has immunity from counterclaims brought by HCA Healthcare in an enforcement suit centered on the for-profit health network's actions since purchasing an Asheville hospital five years ago, a state Business Court judge has ruled.

  • December 09, 2024

    Ga. Attys Urge Companies To Develop Generative AI Policies

    Companies need to develop policies mitigating the effects of generative artificial intelligence as the tool is already impacting contracts and other aspects of business across nearly every industry, attorneys said Monday at a State Bar of Georgia panel.

  • December 09, 2024

    Pa. Hospital Can't Upend $8M C-Section Injury Verdict

    A Pennsylvania appeals court won't strip an $8 million verdict from a couple who alleged that a surgeon botched a cesarean section during the birth of their child, rejecting the hospital's argument that the evidence didn't support a finding of negligence.

Expert Analysis

  • Series

    Collecting Art Makes Me A Better Lawyer

    Author Photo

    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Plan Sponsors Must Prep For New Mental Health, Drug Rules

    Author Photo

    To comply with newly published health insurance rules requiring parity between access to mental health and substance use services compared to medical and surgical services, employers with self-insured plans will need to update third-party administrator agreements and collect data, among other compliance steps, say attorneys at Kilpatrick.

  • Navigating The Complexities Of Cyber Incident Reporting

    Author Photo

    When it comes to cybersecurity incident response plans, the uptick in the number and targets of legal and regulatory actions emphasizes the necessity for businesses to document the facts underlying the assumptions, complexities and obstacles of their decisions during the incident response, say attorneys at Troutman Pepper.

  • Takeaways From Novo Nordisk's Fight For Market Exclusivity

    Author Photo

    Generic competitors’ challenge to Novo Nordisk’s patents in hopes of capturing a portion of the rapidly expanding Type 2 diabetes and obesity treatment market highlights the role of abbreviated new drug application litigation, inter partes review and multidistrict litigation in patent defense, says Pedram Sameni at Patexia.

  • Secret Service Failures Offer Lessons For Private Sector GCs

    Author Photo

    The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.

  • A Primer On Navigating The Conrad 30 Immigration Program

    Author Photo

    As the Conrad 30 program opens its annual window to help place immigrant physicians in medically underserved areas, employers and physicians engaged in the process must carefully understand the program's nuanced requirements, say Andrew Desposito and Greg Berk at Sheppard Mullin.

  • Defending AI, Machine Learning Patents In Life Sciences

    Author Photo

    Ten years after the U.S. Supreme Court's decision in Alice v. CLS Bank, artificial intelligence and machine learning technology remain at risk for Alice challenges, but reviewing recent cases can help life sciences companies avoid common pitfalls and successfully defend their patents, say attorneys at Mintz.

  • Litigation Inspiration: Honoring Your Learned Profession

    Author Photo

    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • FTC Focus: How Scrutiny Of PBMs And Insulin May Play Out

    Author Photo

    Should Express Scripts' recent judicial challenge to the Federal Trade Commission succeed, any new targets could add litigation and choice of forum to their playbooks, and potential FTC court action on insulin could be forced to parallel venues as the issues between the commission and PBMs evolve, say attorneys at Proskauer.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

    Author Photo

    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • Takeaways From Texas AG's Novel AI Health Settlement

    Author Photo

    The Texas attorney general's recent action against a health tech company marks another step in rapidly proliferating enforcement against artificial intelligence and privacy issues across multiple states, and highlights important risk mitigation considerations for health companies that implement AI systems, say attorneys at Troutman Pepper.

  • Class Actions At The Circuit Courts: September Lessons

    Author Photo

    In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.

  • Proposed Legislation May Crack Down On Online Drug Ads

    Author Photo

    A bill recently proposed in Congress could serve as a sea change in how the U.S. Food and Drug Administration regulates drug-related speech, with significant trickle-down effects on various corners of not only the drug industry but also on consumers and providers themselves, say Dominick DiSabatino and Arushi Pandya at Sheppard Mullin.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

    Author Photo

    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

  • Navigating Restrictions Following Biotech Bill House Passage

    Author Photo

    Ahead of the BIOSECURE Act’s potential enactment, companies that obtain equipment from certain Chinese biotechnology companies should consider whether the act would restrict their ability to enter into contracts with the U.S. government and what steps they might take in response, say attorneys at Ropes & Gray.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Health archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!