Health

  • August 07, 2024

    NC Hospital Can't Avoid Doc's False Report Claims

    A North Carolina federal court should only throw out part of a doctor's lawsuit alleging his former employer made a false report to a federal oversight board about an internal investigation, a magistrate judge has recommended, reasoning that the physician plausibly claimed his reputation and business prospects were harmed.

  • August 07, 2024

    NC Biz Court Bulletin: The Battles Making Summer Sizzle

    A 1983 championship basketball team's intellectual property rights and a public feud between Cadwalader Wickersham & Taft LLP and its insurer are among the legal battles that have kept North Carolina Business Court judges and Tar Heel state private practice attorneys busy this summer. In case you missed those and others, here are the highlights.

  • August 07, 2024

    Amgen Waged Lawfare To Overcharge For Drug, Suit Claims

    Maryland-based independent licensees of the Blue Cross Blue Shield Association claim pharmaceutical giant Amgen Inc. and its subsidiaries have engaged in unlawful monopolistic practices that have inflated the cost of the blockbuster drug Enbrel.

  • August 07, 2024

    Okla. Wants Justices To Step Into Title X Funding Cut Fight

    Oklahoma has filed an emergency application with the U.S. Supreme Court to stop the U.S. Department of Health and Human Services from withholding millions of dollars of Title X funding from the state because of its refusal to refer family planning patients for abortions.

  • August 07, 2024

    WWE Accuser May Be Liable For Defamation, Doctor Says

    The woman who accused World Wrestling Entertainment Inc. and former executives including ex-CEO Vince McMahon of sexually trafficking and abusing her may be liable for defaming a celebrity doctor that she targeted with a bid for discovery in Connecticut Superior Court, according to a complaint from Dr. Carlon Colker and his company.

  • August 07, 2024

    M&A Rebounds, But Success Hinges On Broader Economy

    There was a promising uptick in mergers and acquisitions activity in the second quarter, but the rising uncertainty about the broader economy that fueled Monday's stock market free fall could cause some hesitancy among dealmakers.  

  • August 07, 2024

    Delta Dental Can't Get Antitrust Standard Decided Early

    An Illinois federal judge denied a bid from Delta Dental to have the court decide what legal standard should apply to claims that it violated antitrust law through a $13 billion scheme to restrict competition before ruling on a class certification motion.

  • August 07, 2024

    Insurer Can't Dodge $13.4M Conn. Death Verdict, Estate Says

    A mother who won a $13.4 million judgment after her son died in a Connecticut group home says its insurer, Hanover Insurance Co., is trying to use "misplaced" arguments to escape her bid to collect a portion of the judgment, urging a judge not to dismiss her compensation request.

  • August 07, 2024

    5th Circ. Grapples With 'Ridiculous' $100M Arbitration

    A Fifth Circuit panel struggled to make sense out of a "ridiculous" arbitration proceeding that produced four contradictory arbitration awards in a legal malpractice dispute, one awarding $100 million, pressing both sides during oral arguments Wednesday to give answers about how the "spectacle" unfolded.

  • August 07, 2024

    Hong Kong Co. Scores Default Win In $10M Face Mask Suit

    A New Jersey federal judge granted a Hong Kong firm a default win in its suit alleging a U.S. health company misappropriated a $10 million investment by overselling its ability to manufacture and sell face masks in the U.S. during the COVID-19 pandemic, ruling that the company has plausibly alleged its claims.

  • August 07, 2024

    Davis Polk, Cooley Lead $1.5B Sale Of PetIQ

    Pet medication company PetIQ Inc., advised by Cooley LLP, on Wednesday announced plans to go private following its acquisition by private investment firm Bansk Group, led by Davis Polk & Wardwell LLP, in an all-cash deal valued at roughly $1.5 billion.

  • August 07, 2024

    3 Firms Steer $405M G1-Pharmacosmos Pharma Deal

    G1 Therapeutics Inc., a North Carolina-based developer of cancer therapies, has agreed to sell the business to the U.S. subsidiary of Denmark's Pharmacosmos A/S, for approximately $405 million, the companies said Wednesday.

  • August 07, 2024

    2 FDA Pros Join McGuireWoods From Reed Smith, DOJ

    McGuireWoods LLP said Wednesday it has added two U.S. Food and Drug Administration regulatory lawyers to its Washington, D.C., office — one who joins from Reed Smith LLP and another who joins from the U.S. Department of Justice.

  • August 07, 2024

    Pennsylvania Legislation Passed In 2024: A Midyear Report

    Despite a divided legislature in Pennsylvania — the parties have been trading a narrow majority in the House of Representatives and Republicans compose most of the state Senate — lawmakers have managed to send dozens of bills to Democratic Gov. Josh Shapiro's desk in the first half of 2024, including tighter controls on a veterinary drug showing up in heroin, changes to business registrations with the state, and adding arbitration to the tools for family courts.

  • August 06, 2024

    From Vets To Labor: The Policies VP Pick Walz Has Backed

    Democratic U.S. presidential nominee Kamala Harris' pick of Minnesota Gov. Tim Walz to be her running mate pairs her with a state leader and former lawmaker who has advocated for veterans' rights and public education while also championing a more progressive agenda, from cannabis legalization to abortion care access to stronger union rights.

  • August 06, 2024

    Ohio Judge Upholds Law Limiting Gender Care, Sports Access

    An Ohio judge on Tuesday allowed the state to begin enforcing a law that restricts gender-affirming care for minors and bans transgender girls' participation in female sports, siding with the state and determining that the law is a legitimate attempt to protect children.

  • August 06, 2024

    Henrietta Lacks' Family Sues Novartis, Viatris Over HeLa Cells

    The family of the late Henrietta Lacks, a Black woman whose cells were harvested without her knowledge to create the first immortalized human cell line, sued Novartis and Viatris in Maryland federal court Monday, alleging the pharmaceutical giants have "reaped massive profits" using Lacks' stolen cells to create new drugs.

  • August 06, 2024

    Life Sciences Credit Firm Symbiotic Launches With $600M

    A new credit firm led by veterans in the healthcare industry announced its launch Tuesday, with more than $600 million in capital earmarked for loans to life sciences companies.

  • August 06, 2024

    Pennsylvania Hospital Gets Data Breach Suit Whittled

    A Pennsylvania federal judge has shaved two counts off of a data breach lawsuit against Prospect Medical Holdings Inc., rejecting the hospital operator's argument that the plaintiffs lacked standing to bring the suit but agreeing that not all of them stated valid claims.

  • August 06, 2024

    NC Hospital Gets New Shot At Emergency Dept. Plan Approval

    A state appellate panel on Tuesday unraveled a decision overturning approval for a freestanding emergency department in rural North Carolina, ruling that an administrative law judge misapplied precedent when deciding whether a state agency's failure to hold a public hearing prejudiced the decision-making process. 

  • August 06, 2024

    Dem Lawmakers Back FTC's Kroger-Albertsons Challenge

    A group of Democratic lawmakers is supporting the Federal Trade Commission in its suit to block Kroger's $25 billion acquisition of Albertsons, telling an Oregon federal judge in a friend-of-the-court brief that the agency's fears the deal would harm grocery workers and consumers are well-founded.

  • August 07, 2024

    Dinsmore Adds 5-Atty Litigation Group From Bricker Graydon

    Dinsmore & Shohl LLP announced Tuesday that a five-person litigation team led by a healthcare partner with over 30 years of experience joined the firm's Columbus, Ohio, office from Bricker Graydon LLP.

  • August 06, 2024

    Ga. Healthcare Co. Seeks Toss Of Ex-Manager's Bias Suit

    Georgia-based medical provider Premise Health has asked a federal judge to dismiss a former nurse's race and pregnancy bias suit, saying she was canned because of her "egregious" violations of COVID-19 safety protocols rather than her desire to pump breast milk on the job.

  • August 06, 2024

    Alabama Calls Its Gender Care Law A Rational Policy Choice

    Alabama lawmakers acted out of a desire to protect children — not discriminatory intent — when they passed legislation that restricted gender-affirming care for minors, easily clearing the legal standard required to uphold the law, the state has told a federal judge.

  • August 06, 2024

    UnitedHealth Unlawfully Denies Device Coverage, Suit Says

    A medical equipment maker accused UnitedHealth Group Inc. of creating a "soft denial system" to unlawfully deny payments for glucose monitoring devices, telling a Michigan federal court that thousands of claims worth more than $1 million have gone unpaid.

Expert Analysis

  • Investors Can Aid In The Acceptance Of Psychedelic Medicine

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    Psychedelic medicine is ready to have its breakthrough moment, and although it still faces political, legal and communications challenges, private equity investors can play a significant role in changing the public perception on psychedelics from taboo to acceptance, say Kimberly Chew at Husch Blackwell, Charlie Panfil at the Daschle Group and Ethan Lutz at FTI Consulting.

  • Class Actions At The Circuit Courts: May Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • 3rd Circ.'s Geico Ruling May Encourage Healthcare Arbitration

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    The Third Circuit's recent decision in Geico v. Mount Prospect, finding that claims under New Jersey's Insurance Fraud Prevention Act can be arbitrated, strengthens arbitration as a viable alternative to litigation, even though it is not necessarily always a more favorable forum, say Khaled Klele and Jessica Osterlof at McCarter & English.

  • Proposed Cannabis Reschedule Sidesteps State Law Effects

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    The U.S. Department of Justice's recent proposal to move cannabis to Schedule III of the Controlled Substances Act provides certain benefits, but its failure to address how the rescheduling would interact with existing state cannabis laws disappointed industry participants hoping for clarity on this crucial question, says Ian Stewart at Wilson Elser.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • A Changing Regulatory Landscape For Weight Loss Drugs

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    As drugs originally approved to treat diabetes become increasingly popular for weight loss purposes, federal and state regulators and payors are increasing their focus on how these drugs are prescribed, and industry participants should pay close attention to rapidly evolving compliance requirements, say attorneys at Goodwin.

  • Opioid Suits Offer Case Study In Abatement Expert Testimony

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    Settlements in the opioid multidistrict litigation provide useful insight into leveraging expert discovery on abatement in public nuisance cases, and would not have been successful without testimony on the costs necessary to lessen the harms of the opioid crisis, says David Burnett at DiCello Levitt.

  • Patent Lessons From 4 Federal Circuit Reversals In April

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    Four Federal Circuit decisions in April that reversed or vacated underlying rulings provide a number of takeaways, including that obviousness analysis requires a flexible approach, that an invalidity issue of an expired patent can be moot, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Opinion

    USPTO's Proposed Disclaimer Rule Would Harm Inventors

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    The U.S. Patent and Trademark Office’s recently proposed rule on terminal disclaimers will make the patent system less available to inventors and will unfairly favor defendants in litigation, say Stephen Schreiner at Carmichael IP and Sarah Tsou at Omni Bridgeway.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • How HHS Discrimination Rule Affects Gender-Affirming Care

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    The U.S. Department of Health and Human Services' new final rule, which reinterprets the Affordable Care Act's anti-discrimination provision, greatly clarifies protections for gender-affirming care and will require compliance considerations from sponsors and administrators of most group health plans, say attorneys at McDermott.

  • Opinion

    'Natural Person' Or Not, AI-Made IP Deserves Protection

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    The entire legal edifice rests on a determination that an artificial system is not a so-called natural person, and although this may appear to be straightforward on its face, rapid advances in technology may soon force us to revisit our understanding of a natural person, says Manav Das at McDonnell Boehnen.

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