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Health
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June 12, 2024
Yale Hospital OK With Merging Suits Over Stalled $435M Sale
Yale New Haven Hospital has consented to combining two dueling lawsuits over its stalled $435 million deal to buy three Connecticut facilities operated by California-based Prospect Medical Holdings Inc., agreeing that judicial efficiency and economy is best served by consolidating both entities' claims into one proceeding.
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June 12, 2024
Texas Anesthesia Co. Appealing To Duck FTC Suit To 5th Circ.
U.S. Anesthesia Partners Inc. gave notice Wednesday that it will ask the Fifth Circuit to review a Texas federal judge's mid-May decision refusing to toss Federal Trade Commission allegations of a monopolistic "roll-up" of Lone Star State anesthesia practices.
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June 12, 2024
SEIU Unit On Hook For $6M In HCA Healthcare Strike Dispute
An arbitrator has found a Service Employees International Union affiliate liable for more than $6 million in damages for replacement worker costs from a strike, a California hospital said Wednesday, while a union representative told Law360 that the decision is "outrageous and unprecedented."
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June 12, 2024
Doctor Says Lawyer, Insurer Agreed To Backdoor Settlement
A Colorado neurosurgeon accused an attorney and an insurer of interfering with the legal services provided to him in defense of an underlying medical malpractice suit, telling a state court the underlying suit was settled without his consent, elevating the carrier and its insured's interests over his own.
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June 12, 2024
SPAC Dealmakers Expect Modest Pickup After Market Bottom
Market professionals expect a slow pickup in deals involving special-purpose acquisition companies starting in the second half of 2024, predicting on Wednesday that a leaner market will emerge following the recent crash and imposition of tighter regulations.
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June 12, 2024
'Natural' Toothpaste Brand Loaded With PFAS, Moms Say
Natural toothpaste company RiseWell LLC falsely advertised its kids toothpaste as "natural" and "safe to swallow," two mothers alleged Tuesday in a proposed class action, saying a U.S. Department of Defense-certified laboratory test found 750 times more "forever chemicals" in the toothpaste than researchers found in heavily tainted kale.
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June 12, 2024
32 AGs Urge Justices Take Up Okla. PBM Law Fight
Thirty-two attorneys general urged the U.S. Supreme Court to take up Oklahoma's petition for review of a Tenth Circuit decision holding that federal law preempted portions of a state law regulating pharmacy benefit managers, arguing the justices needed to intervene to resolve a circuit split.
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June 12, 2024
FTC Asks 4th Circ. To Pause Novant Hospital Purchase
The Federal Trade Commission has asked the Fourth Circuit to pause Novant Health's purchase of a North Carolina hospital while enforcers appeal an order from the lower court that refused to put the deal on hold for the commission's in-house merger challenge.
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June 12, 2024
Conn. Justices Nix Health Dept. Worker's Whistleblower Claim
The Connecticut Supreme Court has trounced a public health official's claim that she was fired for blowing the whistle on appointees who lacked mandatory credentials, upholding her termination but also backing her simultaneous pursuit of a union grievance and an administrative complaint.
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June 12, 2024
Transit Insurer Seeks To Limit Loss From $60M No-Fault Scam
A taxi and livery insurer told a Brooklyn federal judge Wednesday that it is pursuing settlement in its effort to recoup $3.2 million lost in a massive, $60 million no-fault scam led by a former clinic operator now headed for prison.
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June 12, 2024
Sen. Dems Seek Criminal Penalties For PE Hospital 'Looters'
A pair of Democratic senators are targeting private equity's role in the healthcare industry, introducing new legislation Tuesday that would give federal and state enforcers new tools to go after firms they say are "looting" hospital systems and other providers, including possibly jailing executives if patient deaths result.
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June 11, 2024
Pa. Health System Shakes Meta Data Sharing Row For Now
A Pennsylvania federal judge has tossed a putative class action accusing a nonprofit health system of unlawfully sharing information about website visitors' activities with Meta Platforms Inc., finding that the plaintiff had failed to adequately detail what protected health data had been disclosed.
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June 11, 2024
Psychiatrist Can't Ax Verdict Over ADHD Drug Death
A Missouri appeals court on Tuesday refused to let a psychiatrist off the hook for a $5 million jury verdict — later reduced to less than $1 million — that found that he had negligently prescribed amphetamines to a patient with a history of abusing them, ultimately resulting in a brain hemorrhage that killed her.
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June 11, 2024
Ohio Justices Will Review Bid To Toss Neck Injury Suit
The Ohio Supreme Court said on Tuesday it would review an appellate court decision that pulled Mid-Ohio Physicians LLP and one of its doctors back into a medical malpractice lawsuit after they had escaped liability by leaning on the statute of limitations.
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June 11, 2024
6th Circ. Judge Doubts Clinic's Standing To Block Bias Law
During Sixth Circuit arguments Tuesday probing whether a Christian medical clinic can block Michigan from targeting it for refusing to facilitate gender transitions, one judge searched for evidence that the clinic is actually at risk of being prosecuted under the state's civil rights law.
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June 11, 2024
Ontrak CEO Told Broker To Sell Shares Quickly, Jury Hears
A stockbroker testifying Tuesday in the California federal insider trading trial for Ontrak's founder said the executive didn't accept his advice to delay selling shares of the healthcare company to avoid the appearance of trading on insider information, but instead insisted on selling the shares immediately.
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June 11, 2024
9th Circ. Judge On Theranos Appeal: 'Good Story' For Holmes
Two Ninth Circuit judges on a three-judge panel expressed concerns Tuesday that the district judge presiding over convicted former Theranos CEO Elizabeth Holmes' criminal trial erred by allowing a layperson witness to offer expert testimony at trial, with one judge saying, "There's a pretty good story here for Ms. Holmes."
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June 11, 2024
Miss. Urges 5th Circ. To Approve Ban On Medical Pot Ads
The state of Mississippi has told the Fifth Circuit that it should uphold state restrictions barring advertising for medical marijuana, saying that the First Amendment cannot protect such speech because marijuana is federally illegal.
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June 11, 2024
Texas, Mont. Sue HHS Over ACA Trans Discrimination Rule
Texas and Montana filed suit against the Biden administration seeking to halt its rule clarifying the application of the Affordable Care Act's nondiscrimination protections to gender identity, saying the new regulations infringe on states' autonomy and force them to violate their own laws.
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June 11, 2024
Judge Says Fla. Trans Medical Care Ban Is Unconstitutional
A Florida federal judge on Tuesday declared that a state law banning gender-affirming care for transgender minors and restricting it for adults is unconstitutional because it was motivated by animus for a specific group of people and serves no legitimate state interest.
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June 11, 2024
Poor Monitoring Killed Anesthesia Patient, Conn. Jury Hears
An anesthesiology group should be held liable for a patient's death because a doctor and nurse failed to adequately monitor the woman's vital signs through multiple doses of the anesthetic propofol, causing her blood oxygen levels to drop and her heart to stop, a Connecticut jury heard Tuesday morning.
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June 11, 2024
FTC Gets Short Extension On Novant Deal Pause
A North Carolina federal court Tuesday extended an order preventing Novant Health from closing its $320 million deal for a pair of hospitals in the state by 10 days to give the Federal Trade Commission time to ask the Fourth Circuit to pause the transaction.
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June 11, 2024
Kirkland-Led InTandem Capital Lands $715M For 3rd Fund
New York-based healthcare services-focused private equity firm InTandem Capital Partners LLC, advised by Kirkland & Ellis LLP, on Tuesday announced that it has clinched its third private equity fund, above target with $715 million in tow.
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June 11, 2024
Retrial Begins In NJ Fraud Case Over COVID Test Kit Deal
The painstaking process of jury selection got underway Tuesday in the retrial of a securities fraud case that ended with a dramatic mistrial after a juror announced in open court that he disagreed with the guilty verdict that had just been delivered by the jury forewoman.
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June 11, 2024
CFPB Floats Rule To Take Medical Debt Off Credit Reports
The Consumer Financial Protection Bureau on Tuesday proposed a rule that would restrict how lenders and credit reporting companies can use consumers' medical debt information, a measure that the agency said could remove up to $49 billion in outstanding medical bills from millions of credit reports.
Expert Analysis
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Keeping Up With Class Actions: Data Breach Litigation In Flux
In this monthly look at notable class action decisions, Gerald Maatman at Duane Morris examines a recent mixed-bag data breach ruling from an Illinois federal court — in the context of case law developments over the last year — which illustrates the range of issues confronting litigants going forward.
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Args In APA Case Amplify Justices' Focus On Agency Power
In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.
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Series
ESG Around The World: Gulf Cooperation Council
The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.
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Navigating ACA Reporting Nuances As Deadlines Loom
Stephanie Lowe at Liebert Cassidy walks employers through need-to-know elements of Affordable Care Act reporting, including two quickly approaching deadlines, the updated affordability threshold, strategies for choosing an affordability safe harbor, and common coding pitfalls.
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Inside The PTAB's Seagen Cancer Drug Patent Decision
The Patent Trial and Appeal Board's recent finding that Seagen's claims for antibody-drug conjugate technology were unpatentable — for lack of enablement, lack of written description and anticipation — mark the latest chapter in the complex patent dispute as the case heads for director review, says Ryan Hagglund at Loeb & Loeb.
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A Cautionary Tale On Hospital-Physician Alignment Structures
A $345 million settlement between the U.S. Department of Justice and Community Health Network highlights how quickly hospital and physician alignment relationships can violate legal restrictions on such dealings, and the onerous financial penalties that can ensue, say Robert Threlkeld and Elliott Coward at Morris Manning.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Opinion
Biden Admin's March-In Plan Would Hurt Medical Innovation
The Biden administration's proposal to reinterpret the Bayh-Dole Act and allow the government to claw back patents when it determines that a commercialized product's price is too high would discourage private investment in important research and development, says Ken Thorpe at the Rollins School of Public Health.
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5 Lessons For SaaS Companies After Blackbaud Data Breach
Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.
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Why Biz Groups Disagree On Ending Chevron Deference
Two amicus briefs filed in advance of last month's U.S. Supreme Court oral arguments in Loper Bright Enterprises v. Raimondo highlight contrasting views on whether the doctrine of Chevron deference promotes or undermines the stable regulatory environment that businesses require, say Wyatt Kendall and Sydney Brogden at Morris Manning.
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Opinion
Oregon Law Would Compromise Management Service Orgs
If passed, a proposed Oregon law would materially limit physician corporate practice of medicine structures, causing significant disruption to the provision of medicine and hindering professional corporations' ability to focus on the clinical components of their practice, say Christina Bergeron and William Shefelman at Ropes & Gray.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Preparing For DOJ's Data Analytics Push In FCPA Cases
After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.
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Reducing The Risk Of PFAS False Advertising Class Actions
A wave of class actions continues to pummel products that allegedly contain per- or polyfluoroalkyl substances, with plaintiffs challenging advertising that they say misleads consumers by implying an absence of PFAS — but there are steps companies can take to minimize risk, say attorneys at Keller and Heckman.