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Health
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December 16, 2024
Merger Enforcers End Year On Upswing
The Biden administration's antitrust enforcers have boasted that one side effect of their aggressive approach to merger enforcement has been helping stop problematic deals from being cut in the first place, but the agencies also scored key court rulings blocking transactions in their final year that could have a more enduring effect.
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December 16, 2024
Health Education Biz Infringed Training Materials, NJ Suit Says
A healthcare education company has accused a rival of infringing copyright-protected training materials for medical staff working in assisted living facilities, saying in a suit filed in New Jersey federal court that the copying is "blatantly obvious."
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December 16, 2024
UnitedHealthcare Shooting Suspect Hires Ex-NYC Prosecutor
Karen Friedman Agnifilo, a former veteran prosecutor in the Manhattan District Attorney's Office, has been retained to represent the man accused of killing the CEO of UnitedHealthcare outside a hotel in midtown Manhattan earlier this month, a spokesperson for Agnifilo's firm said Monday.
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December 16, 2024
Pa. Malpractice Fund Belongs To State, 3rd Circ. Rules
The Third Circuit said Monday in a precedential ruling that Pennsylvania's medical malpractice insurance fund is an agency of the state and that it can dip into the fund's $300 million budget surplus.
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December 16, 2024
11th Circ. Appears Wary Of Doc's New Trial Bid In $27.5M Case
The Eleventh Circuit on Monday questioned whether a Georgia doctor and his medical practice should get a new trial in a $27.5 million False Claims Act case on the basis that he and an expert who wasn't allowed to testify at trial believed the thousands of treatments he billed for were medically necessary and could be covered by Medicare, saying that contention seems to contradict the doctor's prior statements.
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December 16, 2024
The Biggest Patent Decisions Of 2024
This year's notable patent decisions from the Federal Circuit provided clearer guidelines on double patenting and opened the door for new ways to invalidate design patents. Here's a look at the cases from 2024 that will shape patent litigation going forward.
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December 16, 2024
Justices Cite Loper Bright, Remand NLRB Successor Bar Case
The U.S. Supreme Court remanded an NLRB dispute Monday about a Puerto Rico hospital's liability for withdrawing recognition from a union under the agency's successor bar standard, telling the D.C. Circuit to review its deference to the board under Loper Bright.
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December 16, 2024
With Legal Battle Looming, Neb. Legalizes Medical Marijuana
Nebraska became the 39th state to legalize medical marijuana after supermajorities of voters approved ballot measures to decriminalize and regulate its sale, but the state Supreme Court has agreed to hear a challenge from state officials that could invalidate it before implementation.
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December 16, 2024
Feds Ask To Speak With Juror In Failed $34M Kickback Trial
Prosecutors on Monday asked a New Jersey federal judge if they could speak with the foreperson of a jury that acquitted a Philadelphia pharmacy executive of scheming to bilk $34 million from insurers by paying kickbacks, after the juror offered to share feedback ahead of a possible retrial.
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December 16, 2024
Conn. Justices Revive Widow's Suit Against UConn Hospital
The state of Connecticut failed to properly challenge the claims commissioner's decision to issue a late ruling that allowed a widow to sue University of Connecticut entities for medical malpractice, so the case can survive, the state's high court found Monday in overturning a trial court's dismissal.
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December 16, 2024
The Biggest Massachusetts High Court Rulings Of 2024
Massachusetts' highest court added two justices this year while taking up several novel legal issues, including one town's effort to phase out the sale of tobacco, a paralyzed Uber rider's fight against arbitration, and a dispute over whether a hospital website's use of tracking cookies violates the state wiretap statute.
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December 16, 2024
Dental Workers' Retaliation Appeal Nixed For Lack Of Docs
A California appeals court declined to revive a suit brought by two dental office workers who claimed they were fired after complaining that their boss sexually harassed them, saying they hadn't provided enough details for the court to evaluate their case.
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December 16, 2024
Hospice Director Axed For Flagging Missed OT Pay, Court Told
A hospice center promised its director of clinical services that it would pay her overtime wages for time spent performing nursing duties but failed to do so and then fired her when she asked upper management about the missed pay, she told a Georgia federal court.
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December 16, 2024
Justices Pass On TCPA Case Over Fax Promoting Webinar
The nation's top court on Monday declined to take up a healthcare technology company's appeal seeking to stave off a proposed class action accusing it of violating the Telephone Consumer Protection Act by sending faxes about a free webinar.
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December 13, 2024
UnitedHealthcare Owes $900K For Services, Provider Says
A national healthcare provider and two affiliated entities told a Minnesota federal court that UnitedHealthcare owes over $900,000 in independent dispute resolution awards entered against the carrier, accusing it of devising a scheme of denying, delaying and underpaying out-of-network providers.
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December 13, 2024
DC Circ. Upholds NLRB In Puerto Rico Hospital Layoff Case
A San Juan, Puerto Rico, hospital illegally laid off its janitors and contracted out their work without bargaining with their union, the D.C. Circuit ruled Friday, upholding the National Labor Relations Board's decision in the case.
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December 13, 2024
ND Judge Speeds Up Review Of DACA Health Coverage Block
A North Dakota federal judge agreed Friday to expedite the federal government's request to halt an order blocking the enforcement of a regulation that extends health coverage to immigrants brought to the U.S. as children without authorization.
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December 13, 2024
Aetna Analyst Says She Was Forced Out Over ADD Disability
Health insurer Aetna was hit with a disability discrimination lawsuit in Georgia federal court by a former data analyst who said she was forced out of her job by regular harassment from her supervisor over her attention deficit disorder.
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December 13, 2024
NYC Hospital System Wants Out Of REIT's $50M Campus Suit
The New York City Health and Hospitals Corp. and the New York City Economic Development Corp. asked a New York federal court Friday to dismiss a $50 million suit that accused them of being misleading when it came to the development of a floodwall that's supposed to be part of a commercial life sciences campus project.
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December 13, 2024
What's Left In $400M Skinny Label Row? A Lot, Court Says
A number of key issues remain live in the $400 million fight between Teva Pharmaceuticals and GlaxoSmithKline over whether the generic-drug maker induced healthcare providers to infringe the brand-name company's heart drug patent, including the availability of a new trial, a Delaware federal judge has said.
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December 13, 2024
Pa. Contractor Hit With $4.2M Verdict In Pot Software Row
A Pennsylvania federal jury hit a cannabis software company with a $4.2 million judgment in a lawsuit from a subcontractor claiming it was brought on to help with a government project because of its Black-owned status, then pushed out of the $10 million deal.
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December 13, 2024
Feds Narrow Drug Case Against Wife Of Convicted Drexel Prof
Prosecutors have told a New Jersey federal judge that they would drop one of three drug distribution charges against the wife of a convicted former Drexel University professor, saying their evidence might not establish intent after the U.S. Supreme Court raised the burden of proof for such cases in 2022.
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December 13, 2024
Texas AG Sues NY Doctor Over Telehealth Abortion Script
Texas Attorney General Ken Paxton sued a New York doctor who founded the Abortion Coalition for Telemedicine in the Lone Star State Friday, accusing the physician of violating Texas state abortion laws by providing abortion-inducing prescription drugs to a Texas resident via telehealth.
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December 13, 2024
Philly Atty Gets Harsher Discipline In NJ For Pill Mill Conviction
The New Jersey Supreme Court has suspended an attorney for three years following his conviction for filling fraudulent opioid prescriptions in his side job as a part-time pharmacist, according to a recently filed order.
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December 13, 2024
Holland & Knight Faces DQ Bid In Ga. Spine Center 401(k) Suit
Holland & Knight LLP should be disqualified from representing doctors suing Polaris Spine and Neurosurgery PC in Georgia federal court because the law firm previously served as its corporate counsel, the Atlanta-area practice and one of its doctors argued Thursday.
Expert Analysis
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Webuild Ruling Complicates Arb. Award Enforcement In US
A Delaware federal court's recent decision in Sociedad Concesionaria Metropolitana de Salud v. Webuild, if read literally, could undercut the United States' image as a proarbitration jurisdiction by complicating creditors' efforts to enforce awards against property in this country, says Jeff Newton at Omni Bridgeway.
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How 2 Proposed Bills Could Transform Patent Law
The Patent Eligibility Restoration Act and the Prevail Act may come up for vote by the Senate Judiciary Committee after the election, and both offer benefits and challenges for inventors and companies seeking to obtain patents, says Philip Nelson at Knobbe Martens.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Tobacco Surcharge Suits Spotlight Wellness Reg Compliance
A mounting wave of tobacco-user surcharge litigation against employee benefit plans highlights compliance challenges associated with the Health Insurance Portability and Accountability Act wellness regulations, and reminds plan sponsors to ask existential questions about the utility of their wellness programs, say Finn Pressly and Lesley Wolf at Ballard Spahr.
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The Key To Solving High Drug Costs Is Understanding Causes
One-sided views on who or what contributes to the high cost of pharmaceuticals render possible solutions much harder to discover and implement, and a better approach would be to examine history and learn why costs have increased and what legislation has and hasn't helped, says Nancy Linck at NJ Linck Consulting.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Avoiding Merger Disputes Via Careful LLC Agreement Drafting
The Delaware Court of Chancery recently upheld a merger in a dispute over the process of amending the target's limited liability company agreement, underscoring the importance of understanding the Delaware LLC Act default rules and careful drafting to allow for contractual modifications, says Jane Trueper at Lathrop.
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Next Steps For FCA Defendants After Fla. Qui Tam Ruling
Because a Florida federal court's recent decision in Zafirov v. Florida Medical Associates could eventually prove to be a watershed event for False Claims Act suits, defendants should consider potential next steps to ensure that their litigation benefits from the court's reasoning and further developments, says Scott Gallisdorfer at Bass Berry.
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Compliance Pointers For Amended Pa. Data Breach Law
Recent updates to the Pennsylvania Breach of Personal Information Notification Act include a requirement that organizations alert the state's attorney general of certain consumer data breach notifications, and several incident response and cybersecurity considerations will be necessary to ensure compliance, say Matthew Meade and Laura Decker at Eckert Seamans.
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Patent Lessons From 7 Federal Circuit Reversals In August
The Federal Circuit’s seven vacated or reversed cases from August provide helpful clarity on obviousness-type double patenting, written description and indefiniteness, and suggest improved practices for petitioners and patent owners in inter partes review, say Denise De Mory and Li Guo at Bunsow De Mory.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.