Health

  • 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.

  • December 09, 2024

    High Court Won't Hear Zimmer Biomet Royalties Fight

    The U.S. Supreme Court on Monday shot down Zimmer Biomet Holdings' challenge to the Seventh Circuit's finding that the company shouldn't have stopped paying royalties on knee replacement devices it developed using an orthopedic surgeon's various patents after those patents expired.

  • December 06, 2024

    USDA Orders Raw Milk Be Tested For Bird Flu

    The U.S. Department of Agriculture on Friday issued a federal order requiring raw milk across the country to be tested as part of an effort to control and stop the spread of bird flu.

  • December 06, 2024

    Netflix's 'Our Father' Trial Ends With Modest Award

    Facing millions of dollars in punitive damage liabilities, Netflix and its army of lawyers were able to keep an Indiana federal jury's verdict at $385,000 in a privacy lawsuit over the names of the biological children of a rogue fertility doctor that appeared in the "Our Father" documentary.

  • December 06, 2024

    Hospital Insists Colo. Justices Should Allow Lien Discovery

    A Colorado hospital facing a class action alleging that it unlawfully filed liens against patients without first billing insurers told the state Supreme Court this week that a discovery order requiring a plaintiff to turn over information related to a car accident is directly relevant to whether class members actually suffered harm meriting a class action.

  • December 06, 2024

    Cedars-Sinai ERISA Class Cert. Bid Meets Skeptical Judge

    A Los Angeles federal judge appeared wary Friday of certifying a 16,000-person class of current and former Cedars-Sinai Medical Center Inc. workers who subscribe to the hospital's retirement plan, expressing concerns that one of the proposed lead plaintiffs does not appear to understand the case.

  • December 06, 2024

    Biden Admin Says Abortion Drug Fight Can't Stay In Texas

    The Biden administration and mifepristone-maker Danco Laboratories LLC doubled down Friday on their bids to end the litigation challenging federal approvals for the abortion medication, arguing the three intervening states can't continue to litigate in Texas federal court now that the private plaintiffs have dropped their claims.

  • December 06, 2024

    5th Circ. Judge Notes Inconsistencies In Medicare Rate Policy

    A Fifth Circuit judge called out inconsistencies in a new Centers for Medicare and Medicaid Services policy, asking the government to explain apparent discrepancies that four Texas anesthesia practices say will cost them $4 million in reduced reimbursements.

  • December 06, 2024

    Neb. Judge Nixes Bid To Revisit Challenge To Medical Pot

    A Nebraska state judge has refused to reopen the secretary of state's challenge to medical marijuana legalization ballot initiatives, calling the motions largely "futile" in her order — teeing up a potential appeal before the state's highest court.

  • December 06, 2024

    Two Firms To Rep CVS Investors In Benefit Unit Losses Suit

    Bernstein Litowitz Berger & Grossmann LLP and Bleichmar Fonti & Auld LLP will co-lead a proposed class of investors in consolidated litigation alleging CVS Health Corp. hurt investors as it announced its benefit unit's unanticipated losses.

  • December 06, 2024

    AngioDynamics Port Defect Caused Infection, Ga. Man Says

    A medical device manufacturer and one of its subsidiaries have been sued in Georgia federal court over allegations that their implantable port for delivering medications directly into patients' bloodstreams has a defect that can lead to increased risk of infection and sepsis.

  • December 06, 2024

    Black Doctor Says BCBS Axed Her From Network Due To Race

    Blue Cross Blue Shield of Michigan wrongfully terminated a Black dermatologist from its network of health providers because of her race, the doctor told a Michigan federal court, alleging the health insurer terminated her after it claimed her "error rate" in billing was too high.

  • December 06, 2024

    NC Hospital Gets Initial OK For $1.1M Data Breach Deal

    A North Carolina Business Court judge has given his initial seal of approval to a $1.1 million settlement agreement in a data breach class action against Columbus Regional Healthcare System.

  • December 06, 2024

    Mich. Justices Won't Revisit Pandemic Deadlines Ruling

    A radiology company must face allegations that a radiologist failed to flag an abnormality in a patient's chest scan that was later found to be cancerous, after the Michigan Supreme Court on Friday turned away its appeal over the court's pandemic tolling orders.

  • December 06, 2024

    Colo. Children's Hospital Fined $548K For Phishing Attacks

    Children's Hospital Colorado was hit with a more than $548,000 fine over phishing and cyberattacks that violated patient privacy rules, according to the U.S. Department of Health and Human Services.

  • December 06, 2024

    Missing Court Order Prompts Redo On Denied United Claim

    A patient whose coverage claim was denied by United Healthcare for a second time, even after a trial court and the Tenth Circuit found the first was unfair, secured a redo from a Utah federal judge who found the second denial was voided by a legal technicality.

  • December 06, 2024

    Mandelbaum Barrett Beats DQ Bid Appeal In Pharmacy Fight

    Mandelbaum Barrett PC defeated a disqualification motion Friday in a pharmacy ownership dispute, with a New Jersey state appeals court ruling that a former Mandelbaum Barrett attorney's previous work for the pharmacies was not relevant to the current case.

  • December 06, 2024

    Off The Bench: Kyrie Irving Sued, Golf's New Transgender Ban

    In this week's Off The Bench, the New York Knicks and Rangers sue the unknown masses of people selling counterfeit team gear, a therapist who put on a family retreat for Kyrie Irving sues him over the bill, and two major golf organizations block transgender players from women's tournaments.

  • December 06, 2024

    4 Big Developments In ERISA Cases From 2nd Half Of 2024

    The Sixth Circuit reopened a retirement plan mismanagement suit against Parker-Hannifin Corp. and revived a manufacturing company worker's disability benefits bid, while the nation's highest court declined to review a plan trustee's unsuccessful attempt to force an employee stock sale dispute into arbitration. Here, Law360 looks at four recent decisions in Employee Retirement Income Security Act cases that benefits attorneys should know.

  • December 06, 2024

    Philips Medical Monitoring Deal, $4.8M Fees Get Final OK

    A Pennsylvania federal judge on Thursday gave the final OK on a $25 million settlement in medical monitoring claims in multidistrict litigation stemming from a recall of ventilator machines by Koninklijke Philips NV and American subsidiaries.

Expert Analysis

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

  • Fostering Healthcare Industry Success With Joint Ventures

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    As the healthcare industry continues to evolve, joint ventures remain a key strategy to unite health systems, private equity firms and physician practices in leveraging their collective strengths to foster innovation and improve patient care, say Carole Becker and Travis Jackson at McDermott.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    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.

  • Webuild Ruling Complicates Arb. Award Enforcement In US

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    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.

  • How 2 Proposed Bills Could Transform Patent Law

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    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.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    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.

  • Tobacco Surcharge Suits Spotlight Wellness Reg Compliance

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    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.

  • The Key To Solving High Drug Costs Is Understanding Causes

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    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.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    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.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    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.

  • 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.

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