Health

  • April 29, 2025

    Fed. Circ. Backs TM Denial Of Dark Green Gloves As Generic

    The Federal Circuit on Tuesday adopted a test for determining if trademarks are generic when considering claims on distinctive colors, affirming a trademark board precedent used to reject an Indonesian medical supply company's efforts to claim a trademark for dark green surgical gloves.

  • April 29, 2025

    GenBioPro Can Defend FDA Approval In Mifepristone Suit

    A Texas federal judge has allowed drugmaker GenBioPro to join a legal fight over access to the abortion drug mifepristone, finding that the company has a distinct interest in defending federal approval of the generic version of the medication.

  • April 29, 2025

    Opioid MDL Judge Won't Recuse Over Ex Parte Allegations

    An Ohio federal judge will not step aside from multidistrict opioid litigation after the plaintiffs' attorney, who had alleged the judge "regularly communicates" with other lawyers involved in the litigation, testified that there was no such communication after all, the judge ruled Tuesday.

  • April 29, 2025

    BCBS Wants Hospital Sanctioned For 'Cat-And-Mouse' Tactics

    Blue Cross Blue Shield of North Carolina asked a federal judge to sanction a hospital company and its related entities for their purported "evasion, obfuscation, misdirection and outright misrepresentation" during discovery in a $32 million billing dispute that has gone on for seven years.

  • April 29, 2025

    Doctors Want Stay Of DQ Bid Amid Spine Center ERISA Deal

    Doctors and other former employees of Atlanta-area Polaris Spine and Neurosurgery PC have agreed to settle their ERISA claims alleging the center botched the distribution of their retirement benefits, also seeking a stay of Polaris' bid to have their Holland & Knight counsel disqualified over an alleged conflict.

  • April 29, 2025

    High Court Backs HHS In Hospital Pay Formula Dispute

    The U.S. Supreme Court on Tuesday sided with federal health officials in a challenge over a formula used to calculate billions of dollars in annual payments to hospitals treating indigent patients, saying that those entitled to Supplemental Security Income should be collecting cash payments before they're counted in the formula.

  • April 28, 2025

    Insurer Fights Arbitration Of Legionnaires' Claims Suit

    A Michigan healthcare system's insurer is fighting efforts to send its coverage lawsuit over underlying Legionnaires' disease claims to arbitration in Bermuda, arguing that the dispute does not fall within an underlying arbitration clause.

  • April 28, 2025

    Fatal Crash At Hospital Is Workers' Comp Case, NJ Panel Says

    A lower court ruled correctly that a fatal crash in the employee parking lot of a hospital is a matter for workers' compensation, not the courts, a New Jersey appellate panel said Monday.

  • April 28, 2025

    Gov't Reverses Position On Surgery For Trans Prisoners

    The Trump administration is rejecting the federal government's previous stance that prison officials are constitutionally required to provide gender confirmation surgery to incarcerated people with gender dysphoria who request the treatment, noting the shift in recent statements to a Georgia federal court.

  • April 28, 2025

    NC Dentist Acquitted Of $3M Fraud, Tax Evasion Charges

    A North Carolina dentist was acquitted of wire fraud and tax evasion charges on the fourth day of a federal jury trial in which prosecutors had alleged the dentist submitted false loan applications to the Small Business Administration and failed to pay income taxes.

  • April 28, 2025

    Baker Donelson Picks Up Longtime HHS OIG Atty In Maryland

    Amanda Copsey, a longtime U.S. Department of Health and Human Services' Office of Inspector General attorney, has joined Baker Donelson Bearman Caldwell & Berkowitz PC as a shareholder in its Baltimore office, bringing nearly 20 years of experience in healthcare laws and regulations.

  • April 28, 2025

    Mich. Nurses Quit Claims Of Pay Withheld For Breaks Untaken

    Two registered nurses agreed to drop their claims of unpaid wages against the two locations of a Michigan healthcare system they had accused in federal court of requiring them to work through meal breaks without pay, ending the case Monday in federal court.

  • April 28, 2025

    2nd Circ. Upholds Clinic Manager's Repeat Charges For Fraud

    A decision that allowed the federal government to reindict a health clinic manager for a Medicare and tax fraud scheme can stand, a Second Circuit panel found Monday, agreeing with the lower court that his offenses were serious enough to permit it.

  • April 28, 2025

    BCBS Ends Bid To Scrap $13M Vaccine Bias Suit Verdict

    Blue Cross Blue Shield of Michigan told a federal court Monday it agreed to end its fight to nix a jury's nearly $13 million award to a former employee who claimed she was fired for requesting a religious exemption from the company's COVID-19 vaccine policy.

  • April 28, 2025

    Boston Children's To Pay $3M In Retirement Plan Fee Suit

    Boston Children's Hospital will pay $3 million to a class of participants in its retirement plan to settle claims that it saddled them with excessive fees.

  • April 28, 2025

    Sanofi Challenges Jurisdiction In Conn. Zantac Lawsuits

    Sanofi-Aventis U.S. LLC on Monday sought to exit nine combined Connecticut lawsuits claiming the heartburn drug ranitidine degraded into a compound that causes cancer, saying it is beyond the state's long-arm statute and that due process guarantees prevent it from being sued in Connecticut.

  • April 28, 2025

    Ala. Medical Pot Commission Sued Over Patient Registry

    A group of Alabama medical cannabis patients sued the state's Medical Cannabis Commission over the lack of a patient registry despite what they said were numerous laws obligating it to create one.

  • April 25, 2025

    HHS Sued Over Withholding Of $65.8M In Title X Funding

    The U.S. Department of Health and Human Services unlawfully withheld $65.8 million in federal grants for critically needed family planning services, a nonprofit alleged in a suit filed Thursday in D.C. federal court, saying the withholding seemed to be based, in part, on grantees' support for diversity, equity and inclusion.

  • April 25, 2025

    Justices Want More Info On HHS Authority In Task Force Row

    The U.S. Supreme Court on Friday ordered the federal government and a group of Texas businesses and individuals to compile more information as to whether the U.S. Department of Health and Human Services secretary has the authority to appoint members of a task force under the Affordable Care Act.

  • April 25, 2025

    Sutter Health To Pay $228M In Years-Old Antitrust Suit

    A class of millions of health insurance premium payors asked a California federal judge Friday to greenlight an eleventh-hour $228.5 million settlement resolving their long-running claims that hospital chain Sutter Health drives up costs by pushing all-or-nothing network deals on insurers.

  • April 25, 2025

    Refusing Mental Healthcare Means Liability, Pa. Justices Rule

    Physicians in Pennsylvania can be held liable for turning away a mental health patient who goes on to harm someone if that patient came to the hospital asking for help, the state Supreme Court ruled Friday.

  • April 25, 2025

    HHS Says Cuts Target Excess After Judge Seeks More Info

    The U.S. Department of Health and Human Services told a Rhode Island federal judge that a group of states has no basis to challenge the cancellation of billions in grants supporting public health programs because they already received the funds appropriated to them by Congress.

  • April 25, 2025

    Trans Prisoners Fight For Care Over New White House Hurdles

    After staff at a New Jersey federal prison told Alishea Sophia Kingdom that, due to an executive order by President Donald Trump, she would no longer be receiving hormone therapy to treat gender dysphoria, Kingdom lodged the latest in a series of suits against the Federal Bureau of Prisons that contend following the executive order violates the Eighth Amendment's prohibition of cruel and unusual punishment.

  • April 25, 2025

    Organ Donor Network Wants Veteran's Waitlist Bias Suit Axed

    The United Network for Organ Sharing asked a Georgia federal court to toss a lawsuit filed against it and several university medical schools over allegations that they delayed a Black military veteran's ability to receive a kidney transplant by artificially inflating his kidney function scores.

  • April 25, 2025

    Tort Report: Texas Justices Set Dram Shop Standard

    The Texas Supreme Court's clarification of a bar's liability in a suit over the alleged overserving of alcohol and a suit over a Boeing whistleblower's suicide lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

Expert Analysis

  • AG Watch: Letitia James' Major Influence On Federal Litigation

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    While the multistate cases brought by New York Attorney General Letitia James appear to be based upon her interpretation of the effect of the Trump administration's policies on New York state and its residents, most also have a decidedly political tone to them, says Dennis Vacco at Lippes Mathias.

  • How Trump Orders Affect Health Orgs' Care For Trans Minors

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    Two recent executive orders issued by President Donald Trump regarding gender-affirming care for minors have put healthcare organizations in a precarious situation, and these institutions should prepare for various implications and potential scenarios, say attorneys at ArentFox.

  • Legal Ethics Considerations For Law Firm Pro Bono Deals

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    If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.

  • Reproductive Health Under Trump So Far, And What's Next

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    Based on priorities stated so far, the Trump administration will likely continue to weaken Biden-era policies that protect reproductive health, with abortion, in vitro fertilization and contraception all being issues to watch closely amid a post-Dobbs shift, say attorneys at McDermott.

  • Series

    Playing Football Made Me A Better Lawyer

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    While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.

  • 10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

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    The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.

  • Contract Disputes Recap: Q&As, Gov't Claims, Pleading

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    Attorneys at Seyfarth examine decisions from the Armed Services Board of Contract Appeals, the Civilian Board of Contract Appeals and the U.S. Court of Federal Claims covering matters including superior knowledge, government claims and pleading standards.

  • Notable Q1 Updates In Insurance Class Actions

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    The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.

  • Perspectives

    The Benefits Of Aligning States On Legal Paraprofessionals

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    Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.

  • What's Next For Lab Test Regulation Without FDA Authority

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    A recent Texas federal court decision vacating the U.S. Food and Drug Administration's final rule that would apply FDA regulations to laboratory-developed tests signals potential positive impacts in the diagnostic space, and could inspire more healthcare entities to litigate against the government, say attorneys at Hooper Lundy.

  • 11 Tips For Contractors Dealing With DOD Staff Reductions

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    Defense contractors should prepare for a wide range of disruptions related to procurement and contract administration that are likely amid federal workforce reductions, say attorneys at Covington.

  • GC Nominee Likely Has Employer-Friendly NLRB Priorities

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    President Donald Trump’s nomination of Crystal Carey as general counsel of the National Labor Relations Board indicates the administration's intent to revive precedents favorable to employers, including expansion of permissible employer speech and reinstatement of procedural steps needed for employees to achieve unionization, say attorneys at Vorys.

  • 10 Soft Skills Every GC Should Master

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    As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.

  • 6 Criteria Can Help Assess Executive Branch Actions

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    With new executive policy changes announced seemingly every day, several questions can help courts, policymakers and businesses determine whether such actions are proper, effective and in keeping with our democratic norms, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.

  • Learning From COVID-19 Enforcement Against Nursing Homes

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    Five years after the COVID-19 outbreak caused a high number of deaths in nursing homes, an examination of enforcement actions against nursing homes in New York and elsewhere in the country highlights obstacles that may arise when bringing cases of this type, and ways to overcome them, says Kenneth Levine at Stone & Magnanini.

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