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Health
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April 10, 2025
DC Circ.'s Views Of Hospital's Union Offers Tough To Read
The D.C. Circuit's leanings were tough to glean Thursday as judges raised few questions about a National Labor Relations Board ruling that George Washington University Hospital's aggressive bargaining proposals showed it approached negotiations with a longtime union in bad faith.
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April 10, 2025
Ill. County Shorts Ambulance Workers On OT, Court Told
An Illinois ambulance services company runs afoul of state and federal wage and hour laws by paying employees overtime wages only when they work more than 80 hours in a two-week period, thus denying the workers some of their overtime pay, a proposed class and collective action filed in federal court said.
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April 10, 2025
Mich. Justices Mull Hospital's Liability For Contract Doc's Acts
The Michigan Supreme Court on Thursday weighed a Corewell Health hospital's possible vicarious liability for independent physicians practicing within the hospital, with one justice pushing back on the idea that liability would be limited to emergency rooms.
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April 10, 2025
Kroger Customers Get Certification In Prescription Billing Suit
An Ohio federal judge certified three classes of Kroger pharmacy customers claiming they paid inflated co-pays for insured prescriptions, reasoning that the customers' claims raised common issues of law.
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April 10, 2025
Colo. Health System Wants Nurses' Wage Suit Trimmed
A group of nurses cannot proceed with their claim under the Colorado Minimum Wage Act that a state health system incorrectly calculated their overtime wages, the employer told a federal court, arguing that the allegation has nothing to do with unpaid minimum wages.
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April 09, 2025
'Evasive' Unions Told To List Fired Probationary Workers
The California federal judge who ordered the reinstatement of many fired probationary federal workers before the U.S. Supreme Court stayed his ruling on Wednesday ordered the public sector unions representing federal staffers to provide a list of their booted members, calling their claims that the information would be difficult to produce "evasive."
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April 09, 2025
Device Co. Suggested 'Crazy Glue' To Fix Fatal Flaw, Suit Says
A widow has hit the medical device manufacturing subsidiaries of Bracco SpA with a wrongful death lawsuit in Mississippi federal court, claiming among other things that subsidiary ACIST Medical Systems Inc. suggested fixing a defective product with "crazy glue" or "Sharpie" after it caused her husband's death.
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April 09, 2025
Trump Orders Agencies To Identify Anticompetitive Rules
President Donald Trump signed an executive order Wednesday requiring federal agency heads to identify regulations that create anticompetitive barriers with recommendations for what to do about them, following the U.S. Department of Justice's recent announcement of its own similar initiative.
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April 09, 2025
Texas Bill 'Penalizes' Sex Assault Victims, Atty Warns
A bill floated by Texas state lawmakers that would cap certain damages in personal injury lawsuits would prove devastating to sexual assault victims as it "penalizes" those who try to move on with their lives, according to an attorney who specializes in such cases.
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April 09, 2025
Mich. Panel: Gilead Immune From Recalled COVID Drug Suit
Gilead Sciences Inc. has escaped a lawsuit pinning a man's strokes on doses of an antiviral COVID-19 medication that were later recalled, with a Michigan state appeals court finding that the company is protected by a public health law's liability shield.
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April 09, 2025
Full Fed. Circ. Lets Stand Patent Tied To $400M Labcorp Loss
The full Federal Circuit on Wednesday rejected Labcorp's request for a review of a panel decision foiling its bid to challenge patent claims underpinning an infringement judgment against it that now totals $400 million.
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April 09, 2025
Ga. Hospital Faces Suit Over Toddler's Death From Ant Bites
The parents of a Georgia toddler who allegedly died from an allergic reaction to ant bites have filed a wrongful death lawsuit against Piedmont Healthcare Inc. and others, claiming their daughter died "needlessly because of sub-standard medical care" she received after being rushed to the hospital.
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April 09, 2025
FDA: Pharmacies' Bid To Keep Making Eli Lilly Drug Is 'Absurd'
The U.S. Food and Drug Administration said it played by the book when it removed Eli Lilly & Co.'s lucrative weight loss drug from the shortage list and ended compounding pharmacies' right to make the drug, asking a Texas federal judge to grant judgment in the agency's favor.
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April 09, 2025
Mass. Justices Asked To Raise Bar For Pension, Benefit Loss
Massachusetts' highest court was asked on Wednesday to adopt a more expansive interpretation of what constitutes cruel or unusual punishment or an excessive fine in the case of a former state trooper whose $1 million public pension and healthcare benefits were forfeited after his conviction in an overtime fraud case.
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April 09, 2025
Home Health Co. Fails To Pay Aides' Travel Time, Worker Says
A home healthcare company requires aides to travel to various patients' homes throughout their workdays but fails to compensate them for this time spent traveling, a proposed class and collective action filed Wednesday in Ohio federal court said.
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April 09, 2025
White & Case-Led EQT Inks Nearly $3B Health Deal With KKR
KKR & Co. has agreed to acquire Sweden's Karo Healthcare from EQT, marking the handover of a company that has quadrupled in sales over the past five years, the companies said Wednesday, in a deal worth up to a reported 2.6 billion euros ($2.85 billion).
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April 09, 2025
Data Co. Can't Make DOL Accept Health Plan, Judge Says
A data-mining company can't force the U.S. Department of Labor to acknowledge that a health insurance plan offered in exchange for participants' user data is covered by federal benefits law, a Texas federal judge ruled, saying the case's thin record prevented the court from deciding issues the Fifth Circuit told it to consider.
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April 09, 2025
FDA Slow To Act On Hemp And Vapes, Congress Hears
Federal health officials' inaction on flavored vapes and hemp-derived consumables has led to a proliferation of loosely regulated products, members of a U.S. House of Representatives committee heard on Wednesday.
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April 09, 2025
Seattle Hospital Agrees To Pay $16M To End Meal Break Suit
Seattle Children's Hospital has agreed to pay $16 million to settle a proposed class action brought by hospital workers who say they were denied required meal breaks in violation of Washington wage and hour laws.
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April 09, 2025
Religious Mission Justifies Philly Injection Site, 3rd Circ. Told
Counsel for a nonprofit seeking to open a safe injection site in Philadelphia told the Third Circuit Wednesday that it qualified as a religious organization immune from prosecution, despite not having any spiritual language in its incorporation documents.
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April 09, 2025
New Mexico 3rd State To Legalize Psilocybin Therapy
New Mexico Gov. Michelle Lujan Grisham has signed a bill legalizing psilocybin therapy in the state, making it the third state to create legal access to the active ingredient in psychoactive mushrooms.
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April 09, 2025
23andMe Asks For Independent Customer Data Rep In Ch. 11
Genetic testing company 23andMe asked a Missouri bankruptcy judge to let it appoint an independent customer data representative as it looks to sell genetic data of 15 million users at a Chapter 11 auction.
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April 08, 2025
Ex-Outcome CEO, Co-Founder Challenge $1B Fraud Convictions
Outcome Health's former CEO and co-founder are challenging their convictions for lying about the company's capabilities and value in a $1 billion fraud, arguing a legally deficient fraud theory, unfair narrative evidence and the government's admitted pre-trial asset over-restraint warrant unwinding the jury's verdict.
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April 08, 2025
NJ Hospital Can Face Claims In Life Support Malpractice Suit
A New Jersey appeals court won't let a hospital escape claims that it wrongfully took a patient off life support, saying Tuesday the trial court was too hasty in tossing the suit under the New Jersey Declaration of Death Act.
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April 08, 2025
5th Circ. Orders New Trial In $140M Healthcare Fraud Case
A Fifth Circuit panel shot down a bid from a suspect in a $140 million healthcare fraud scheme to forestall a second trial after alleged prosecutorial misconduct sank the first, finding the government hadn't intentionally withheld evidence.
Expert Analysis
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Opinion
A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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4th Circ. Health Data Ruling Opens Door To State Law Claims
In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Key Takeaways From The 2025 Spring Antitrust Meeting
Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Issues To Watch At ABA's Antitrust Spring Meeting
Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Reviewing Calif. Push To Restrict Private Equity In Healthcare
A recent proposed bill in California aims to broaden the state's existing corporate practice of medicine restrictions, so investors must ensure that there is clear delineation between private equity investment in practice management and physicians' clinical decision-making, say attorneys at Debevoise.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Unpacking Trump Admin Plans For Value-Based Care
Recent developments from the Center for Medicare and Medicaid Innovation suggest the Trump administration intends to put its own stamp on value-based care, emphasizing cost savings assessment in particular, with its recent cancellation of several payment models that had supported primary care, says Miranda Franco at Holland & Knight.