Health

  • April 17, 2025

    NC Hospital Operator Can't Escape AG's Merger Suit Yet

    A North Carolina Business Court judge rejected HCA Healthcare's bid for a partial win in state Attorney General Jeff Jackson's compliance suit reviewing the company's 2019 purchase of another hospital system, ruling that the purchase agreement's language is too ambiguous to decide the matter without further discovery.

  • April 17, 2025

    Patient Drops Suit Over Scalpel Blade Left In Him For 5 Years

    A New York man who accused his surgeon of leaving a scalpel blade in his shoulder after a 2018 operation and then covering up the mistake for years has come to an agreement with that doctor and the surgery center he worked in to dismiss their dispute from Connecticut federal court.

  • April 17, 2025

    AFL-CIO, Unions Can Pursue Some DOGE Access Claims

    The AFL-CIO, unions and advocacy groups may pursue allegations that Elon Musk's Department of Government Efficiency lacks the power to access data from the U.S. Department of Labor and other federal agencies, a D.C. federal judge ruled while tossing some claims under federal administrative and privacy law.

  • April 17, 2025

    9th Circ. Revives Defect Suit Against CR Bard Over Clot Filter

    The Ninth Circuit on Thursday revived a patient's allegations that C.R. Bard's blood clot-preventing IVC filter was defective, ruling that a lower court was wrong to throw out the suit as untimely since there are factual disputes as to when the patient noticed the filter had malfunctioned.

  • April 17, 2025

    3rd Circ. Questions Walmart's Duty To Disclose Opioid Probe

    The Third Circuit on Thursday questioned the extent to which Walmart knew of the government's interest in prosecuting it for opioid sales, as it considered a bid by investors to revive class claims alleging the retail chain failed to disclose it was under investigation.

  • April 17, 2025

    Akerman Sues To Block Malpractice Claim, Secure $750K Fees

    Akerman LLP sued the healthcare services company Rennova Health Inc. and three medical laboratories in Florida state court this week, alleging that they owe the firm about $750,000 in unpaid fees and are now threatening to sue the firm for malpractice even though they have already released any claims.

  • April 17, 2025

    Ex-Harvard Morgue Manager Takes Plea Over Stolen Remains

    Harvard Medical School's former morgue manager plans to plead guilty to one criminal count in a case alleging he stole and sold human remains from cadavers in his care to a network of "oddities" buyers across the country.

  • April 17, 2025

    Petersen Health Gets Initial OK To Take Votes On Ch. 11 Plan

    A Delaware bankruptcy judge on Thursday provisionally approved skilled nursing facility operator Petersen Health Care's bid to send its Chapter 11 liquidation plan out to creditors for voting, months after the company sold off most of its assets.

  • April 16, 2025

    11th Circ. Revives FCA Claim Against Fla. Medical Suppliers

    The Eleventh Circuit said Wednesday that a Florida district court rightly dismissed most of a False Claims Act lawsuit by two former employees of medical supply companies, reviving a single claim that it said was pleaded with enough specificity.

  • April 16, 2025

    DexCom Execs Sued For Allegedly Misleading Growth Claims

    Executives and directors of glucose monitor manufacturer DexCom Inc. have been hit with a derivative suit alleging that they concealed from investors that DexCom struggled to maintain a sales force that could keep up with growing demand following a Medicare policy expansion.

  • April 16, 2025

    Blue Shield Of California Sued Over Google's Patient Data Use

    Blue Shield of California was slapped with a putative class action in California state court Monday, days after the health insurer announced that the personal data of some of its patients had been "impermissibly" shared due to its use of Google Analytics on its websites.

  • April 16, 2025

    Wyo. Justices Skeptical Of State Abortion Bans' Legality

    The Wyoming Supreme Court on Wednesday seemed poised to side with a lower court judge that recent abortion bans violate the state's constitution, hinting that the Legislature doesn't have the authority to determine when life begins and thus cannot establish a compelling interest for the laws. 

  • April 16, 2025

    Orlando Health Hit With $45M Verdict Over Heart Attack Death

    Orlando Health Inc. was hit with a $45 million verdict after a Florida jury found the healthcare company acted with reckless disregard when treating a heart attack patient who died while waiting for a transfer to another Orlando Health facility by helicopter despite a competing hospital being available a few miles away.

  • April 16, 2025

    Union Denied More Time In Feds' Bid To Bless CBA Rebuke

    A Kentucky federal judge has refused to delay an approaching hearing on the U.S. Department of the Treasury's bid to nullify its workers' union contracts, despite a union's assertion that it's been given little time to prepare for a consequential case and that it has yet to be served.

  • April 16, 2025

    5th Circ. Says Late Settlement Notice Means No Coverage

    A healthcare company was rightfully denied coverage for a settlement over the erroneous approval of a Florida Medicaid recipient's out-of-state treatment, a Fifth Circuit panel ruled, finding the company breached its policy when it failed to inform its insurer of the agreement in advance.

  • April 16, 2025

    NC Hospital Beats Weight Loss Clinic's Trademark Suit

    A North Carolina federal judge tossed a Tar Heel State weight loss clinic's trademark infringement suit, calling the clinic's mark "relatively weak" and finding it has "very little similarity" to the purportedly infringing mark used by the hospital and healthcare provider it sued.

  • April 16, 2025

    UnitedHealthcare Owes $1M Medicare Shortfall, Hospital Says

    UnitedHealthcare owes Connecticut's Danbury Hospital more than $1 million after bungling local Medicare Advantage cost calculations and refusing to correct its payment errors after the hospital provided notice of the problem, the healthcare facility alleged in a state court lawsuit.

  • April 16, 2025

    Workers Ask Michigan Judge To OK Boot-Up Suit Deal

    A home healthcare company has agreed to pay about $86,000 to settle a lawsuit accusing it of not paying employees for the time they spent booting up their computers, a former insurance specialist said, asking a Michigan federal court to greenlight the deal.

  • April 16, 2025

    Biotech Glycomine Closes $115M Series C Funding Round

    Biotechnology company Glycomine Inc. on Wednesday announced that it wrapped its Series C funding round with $115 million in tow to advance its lead candidate into a Phase 2b clinical trial.

  • April 15, 2025

    Trump Orders Overhaul Of Federal Contracting Rules

    President Donald Trump issued orders Tuesday aimed at simplifying and reducing the costs of federal contracting for both government and contractors, directing agencies to pare back the Federal Acquisition Regulation to only "essential" requirements and to prioritize commercial item purchases.

  • April 15, 2025

    9th Circ. Told Oregon Hospital Merger Law Flouts Due Process

    A hospital trade group urged the Ninth Circuit on Monday to block an Oregon law allowing the Oregon Health Authority to review proposed healthcare business consolidations, arguing the law is "unconstitutionally vague" and bestows unlimited power on the agency to block healthcare transactions in the state.

  • April 15, 2025

    2nd Circ. Nixes Insurer's Arbitration Bid in Constellation Suit

    The Second Circuit on Tuesday affirmed that Allied World National Assurance Co. can't force a dispute over coverage for negligence claims asserted against directors and officers of medical accounting conglomerate Constellation Healthcare Technologies Inc. into arbitration.

  • April 15, 2025

    DC Asks Judge To Narrow Nursing Home Ruling

    The District of Columbia urged a D.C. federal judge on Tuesday to narrow an injunction requiring it to do more to help disabled nursing home residents transition into the community, arguing the order reaches beyond the class of plaintiffs and is too vague.

  • April 15, 2025

    Novo Nordisk Seeks Toss Of Hospital's Insulin Pen Suit

    Novo Nordisk has told a Connecticut federal judge that a hospital in the state didn't show that the pharmaceutical company didn't warn nurses that its insulin pens are meant to be used with only one patient in a suit over a $1 million settlement the hospital paid to patients potentially exposed to blood-borne infections.

  • April 15, 2025

    Food Service Co. Can't Escape Tobacco Surcharge Suit

    A food service company can't dodge a proposed class action alleging it unlawfully charges tobacco users an additional fee to obtain health insurance, an Illinois federal judge ruled Tuesday, rejecting the company's assertion that federal benefits law doesn't require retroactive reimbursement for completing a cessation program.

Expert Analysis

  • Series

    Performing Stand-Up Comedy Makes Me A Better Lawyer

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    Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.

  • Lawmakers Shouldn't Overlook Rare Disease Therapies' Value

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    As the ORPHAN Cures Act is pending in Congress, policymakers assessing the value of certain drugs for price regulation should consider data beyond what is collected in clinical trials, say Alice Chen at the University of Southern California, and Molly Frean and Yao Lu at Analysis Group.

  • Series

    Adapting To Private Practice: From SEC To BigLaw

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    As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • What Trump's Order Means For The Legal Status Of IVF

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    An executive order signed by President Donald Trump last month signals the administration's potential intention to increase protections for in vitro fertilization services, though more concrete actions would be needed to resolve the current uncertainty around IVF access or bring about a binding legal change, says Jeanne Vance at Weintraub Tobin.

  • Mitigating Tariff Risks For Healthcare In US And Canada

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    Healthcare stakeholders should take steps to evaluate the impact of cross-border tariffs, as the historically strong ties between Canada and the U.S. demonstrate the potential for real disruption and harm to the healthcare industry in both countries, say attorneys at Norton Rose.

  • 4 Ways Women Attorneys Can Build A Legal Legacy

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    This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.

  • Bid Protest Spotlight: Prejudice, Injunctions, New Regulations

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    In this month's bid protest roundup, Markus Speidel at MoFo looks at three recent decisions that consider whether a past performance evaluation needs to show prejudice to be successfully challenged, the prerequisites for injunctive relief and the application of new regulatory requirements to indefinite-delivery, indefinite-quantity contracts.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

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    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

  • What Advisory On Alcohol And Cancer May Mean For Cos.

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    While the federal government has yet to take concrete steps in response to a January advisory from the outgoing U.S. surgeon general on links between alcohol consumption and cancer, the statement has opened the door to potential regulatory, legislative and litigation challenges for the alcoholic beverage industry, say attorneys at Mayer Brown.

  • What's At Stake In High Court Transgender Care Suit

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    The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.

  • 6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'

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    The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.

  • 6 Laws Transforming Calif.'s Health Regulatory Framework

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    Attorneys at Hooper Lundy discuss a number of new California laws that raise pressing issues for independent physicians and small practice groups, ranging from the use of artificial intelligence to wage standards for healthcare employees.

  • NIH Cuts To Indirect Costs May Stifle IP Generation

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    Although currently blocked by a preliminary injunction, the National Institutes of Health's new policy to cut down on indirect cost funding creates challenges for university research projects, and may hamper the development of intellectual property — which is considered an indirect cost — for years to come, say attorneys at Snell & Wilmer.

  • Recent Cases Clarify FCA Kickback Pleading Standards

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    Two recently resolved cases involving pharmaceutical manufacturers may make it more difficult for False Claims Act defendants facing kickback scheme allegations to get claims dismissed for lack of evidence, say Li Yu at Bernstein Litowitz, Ellen London at London & Noar, and Gregg Shapiro at Gregg Shapiro Law.

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