Health

  • February 13, 2025

    Small But Mighty Busy: 1st Circ. A Hub For Anti-Trump Suits

    The Boston-based First Circuit will play an outsize role in litigation challenging the aggressive start to President Donald Trump's second administration, but the liberal stronghold's philosophic divergence with the U.S. Supreme Court may make any victories fleeting.

  • February 13, 2025

    Robert F. Kennedy Jr. Confirmed, Sworn In As HHS Secretary

    Robert F. Kennedy Jr. is officially the nation's top healthcare official.

  • February 13, 2025

    Amtrak Worker Admits Role In $11M Healthcare Fraud

    An Amtrak employee has pled guilty in Newark federal court in New Jersey to conspiracy to commit healthcare fraud as part of a scheme that cost Amtrak $11 million, acting U.S. Attorney Vikas Khanna announced.

  • February 12, 2025

    Labcorp Can't Score New Trial After $384M Patent Loss

    Clinical lab giant Labcorp has failed to land a new trial in front of U.S. District Judge Alan Albright after a $384.4 million patent infringement judgment against it in a case over a method for testing for genetic disorders during pregnancy.

  • February 12, 2025

    Paraquat Plaintiffs Urge 7th Circ. To Revive MDL Suits

    Four plaintiffs who were set for bellwether trials in multidistrict litigation targeting the herbicide paraquat argued Wednesday that the Seventh Circuit should unwind their summary judgment losses because the district court's ruling was based on "core misunderstandings" about their expert's evidentiary requirements.

  • February 12, 2025

    RI Judge Won't Pause Order To Unfreeze Funds Amid Appeal

    A Rhode Island federal judge refused Wednesday to pause a court order blocking a freeze on funding for federal grants and programs while the Trump administration appeals the ruling to the First Circuit.

  • February 12, 2025

    Ga. Judge Trims Untimely Paragard IUD Claims From MDL

    The Georgia federal judge overseeing the sprawling multidistrict litigation over alleged defects in Paragard intrauterine devices agreed Tuesday to dismiss as untimely dozens of claims against Teva Pharmaceutical and Cooper Cos. from patients in eight states.

  • February 12, 2025

    Boston's Opioid Damages Claims Tossed As Too Late

    Boston waited too long to sue a group of drug benefits intermediaries over their alleged roles in the opioid crisis, a Massachusetts federal judge said in dismissing the city's complaint Tuesday.

  • February 12, 2025

    Red Cross Can't Knock Out Vax Refuser's Religious Bias Suit

    A Michigan federal judge declined Wednesday to declare a victor in a suit from a Christian nurse who claimed the American Red Cross unlawfully fired her for rejecting its COVID-19 vaccine mandate, saying the case — which was recently revived by the Sixth Circuit — should go to a jury.

  • February 12, 2025

    Hospital Says It Should've Had Immunity In 'Maya' Case

    Johns Hopkins All Children's Hospital told a Florida appeals court Wednesday that the lower court "profoundly misconstrued" immunity Florida law grants to those who report suspicions of child abuse, which allowed a jury to award $261 million to Maya Kowalski, the subject of a Netflix documentary, for her mother's suicide.

  • February 12, 2025

    Tribal Healthcare In Danger Due To Hiring Freeze, Letter Says

    The top Democratic ranking members for subcommittees that oversee federal funding for the Indian Health Service are demanding the U.S. Department of Health and Human Services intervene to stop cuts to the agency's workforce, saying without it Indigenous communities' access to needed services is in jeopardy.

  • February 12, 2025

    Conn. Opposes Bankrupt Prospect Medical's 'Plunder'

    Prospect Medical Holdings Inc. must be held accountable for harm that the hospital operator caused in Connecticut, but first, its three facilities in the state need to quickly transition to new ownership, the offices of the attorney general and the governor told a Dallas bankruptcy judge.

  • February 12, 2025

    House GOP Eyes Medicaid Cuts, Work Requirements

    House Republicans set their sights on potential cuts and changes to Medicaid on Wednesday, arguing Congress and Elon Musk's Department of Government Efficiency should target improper payments, institute work requirements and repeal a Biden-era rule that made enrolling in the federal healthcare program easier. 

  • February 12, 2025

    Healthcare Group Of The Year: Ropes & Gray

    Ropes & Gray LLP attorneys' recent work successfully defending private equity group Welsh Carson Anderson & Stowe from federal antitrust allegations that it deployed a "roll-up" strategy to acquire anesthesiology practices in Texas has earned the law firm a spot among the 2024 Law360 Healthcare Groups of the Year.

  • February 12, 2025

    States Can't Halt Funding Ban On Trans Care, DOJ Tells Court

    Washington, Minnesota and Oregon can't block a White House executive order that cuts off federal funding for gender-affirming care for minors, President Donald Trump's administration told a Washington federal judge, arguing that the states' suit is premature and that the president has acted within his powers.

  • February 12, 2025

    8 Ousted Inspectors General Sue Over Firings

    Eight inspectors general fired by President Donald Trump sued the administration Wednesday, asking a D.C. federal judge to declare their terminations "legal nullities" and to order their reinstatement.

  • February 11, 2025

    Wash. Health Privacy Law Debuts In Amazon Tracking Suit

    A Washington resident has launched the first claims under the state's groundbreaking health privacy law, as part of a proposed class action accusing Amazon of unlawfully harvesting location data from tens of millions of mobile phone users through third-party apps that are running the company's software development kit. 

  • February 11, 2025

    J&J Allies Dub Milestone Fee Reversal 'Crucial' To Del.

    The National Association of Manufacturers pushed back Tuesday against Fortis Advisors LLC opposition to a NAM amicus brief seeking Delaware Supreme Court reversal of a medical robotics developer's $1 billion merger milestone damage award after its acquisition by Johnson & Johnson.

  • February 11, 2025

    2 Russians Arrested In $16M Phobos Ransomware Scheme

    Two Russian nationals were arrested on charges of operating a cybercrime cell that extorted about $16 million from victims around the world by stealing data and demanding a ransom for its return, Maryland federal prosecutors said Tuesday.

  • February 11, 2025

    Novo Nordisk Mostly Escapes Insulin Pen Contamination Suit

    Novo Nordisk has, for now, beaten much of a Connecticut-based hospital's federal lawsuit seeking to hold it financially responsible for the $1 million settlement the hospital paid to patients potentially exposed to blood-borne infections after the medical staff used the pharma company's product.

  • February 11, 2025

    Colo. Justices Mull Statute's Silence In Med Mal Cap Debate

    The Colorado Supreme Court on Tuesday pressed a doctor on why it should cap a patient's prefiling interest in a medical malpractice case when lawmakers didn't clearly state whether an exception to a damages cap applies.

  • February 11, 2025

    No Prison For Firm Manager Who Aided Feds' No-Fault Bust

    A Manhattan federal judge allowed a wealthy law firm manager to avoid prison Tuesday for his role in paying bribes that fueled a $70 million no-fault automobile insurance fraud racket, citing his decision to cooperate with prosecutors and willingness to testify.

  • February 11, 2025

    Feds Seek $55K In Restitution In VA Doc Sex Abuse Case

    Federal prosecutors Tuesday asked a Georgia federal judge to order just over $55,000 in restitution for a woman who was sexually abused by a longtime physician with the U.S. Department of Veterans Affairs.

  • February 11, 2025

    Labaton Keller Appointed Lead In Healthcare Co. IPO Suit

    A New York federal judge on Tuesday appointed Labaton Keller Sucharow LLP as lead counsel in a securities class action accusing nursing-care provider PACS Group Inc. of misleading investors about false Medicare claims and regulatory investigations tied to its initial public offering.

  • February 11, 2025

    Split 3rd Circ. Keeps Merck Vaccine Antitrust Panel Immunity

    The full Third Circuit refused to reconsider a ruling that immunized Merck & Co. from antitrust claims over submissions it made to federal regulators for its mumps vaccine, over the objection of a trio of appellate judges.

Expert Analysis

  • Series

    Home Canning Makes Me A Better Lawyer

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    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.

  • Avoiding Merger Disputes Via Careful LLC Agreement Drafting

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    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.

  • Next Steps For FCA Defendants After Fla. Qui Tam Ruling

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    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.

  • Compliance Pointers For Amended Pa. Data Breach Law

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    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.

  • Patent Lessons From 7 Federal Circuit Reversals In August

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    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.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    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.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    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.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • Opinion

    To Shrink Jury Awards, Address Preventable Medical Errors

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    While some health industry leaders complain about large malpractice awards — like the recent $45 million verdict in Hernandez v. Temple University Hospital — these payouts are only a symptom of the underlying problem: an epidemic of preventable medical errors, says Eric Weitz at The Weitz Firm.

  • A Look At Calif.'s New AI Law For Health Insurers

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    A newly enacted California law prohibits artificial intelligence tools from making medical necessity determinations for healthcare service plans or disability insurers, addressing core questions that have arisen around AI's role in coverage decisions, say attorneys at DLA Piper.

  • New HHS Research Misconduct Rules Bring Seismic Changes

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    The U.S. Department of Health and Human Services' new rule regarding research misconduct investigations brings significant changes that focus on remediation, appeals and confidentiality, while other changes could result in institutions causing undue harm to scientists accused of such misconduct, say attorneys at Cohen Seglias.

  • Fla. Ruling May Undermine FCA Whistleblowers' Authority

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    A Florida federal court's decision in Zafirov v. Florida Medical Associates last month will deprive relators of their ability to bring suits under the False Claims Act, limiting their capability to expose and rectify wrongdoings and potentially affecting billions in FCA recoveries, say Matthew Nielsen and Lily Johnson at Bracewell.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • 11th Circ. Kickback Ruling May Widen Hearsay Exception

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    In a $400 million fraud case, U.S. v. Holland, the Eleventh Circuit recently held that a conspiracy need not have an unlawful object to introduce co-conspirator statements under federal evidence rules, potentially broadening the application of the so-called co-conspirator hearsay exception, say attorneys at ArentFox Schiff.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

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