More Healthcare Coverage

  • April 05, 2024

    Attys Ask 2nd Circ. To Affirm Ruling In Psychiatry Prof's Death

    Attorneys cleared of any wrongdoing in New York federal court in the death of renowned psychiatry professor Judith Brook in their capacity as court-appointed temporary guardians urged the Second Circuit this week to affirm a lower court's holding that temporary guardians are not state actors subject to federal jurisdiction.

  • April 05, 2024

    2nd Circ. Spurns DOL Bid To Publish Worker-Friendly Opinion

    The Second Circuit rejected a U.S. Department of Labor request that it publish a nonprecedential opinion concluding that a nurse staffing company's so-called loser-pays arbitration clause was invalid under federal labor law.

  • April 05, 2024

    Wash. Clinic Reaches Religious Bias Settlement With EEOC

    A mental health clinic in Washington state agreed to pay $95,000 to resolve a U.S. Equal Employment Opportunity Commission charge alleging it fired a therapist for asking to be relieved of a job responsibility that clashed with her religious beliefs, the federal bias watchdog said.

  • April 04, 2024

    Judge Denies New Official Committee In Talc Ch. 11

    A New Jersey bankruptcy judge has rejected a bid by an ad hoc group to form an official committee of unsecured commercial creditors in the bankruptcy of talc supplier Whittaker Clark & Daniels Inc., saying the group had not shown it was insufficiently well-represented.

  • April 04, 2024

    Tribes And McKinsey Take Final Step In $39.5M Opioid Deal

    A California judge signed off Thursday on the completion of a $39.5 million nationwide settlement deal that resolves all opioids litigation brought by federally recognized tribes against McKinsey & Co.

  • April 04, 2024

    Claims Court Backs Defense Health Agency $31M IT Deal Pick

    A U.S. Court of Federal Claims judge denied an information technology contractor's protest of a $31 million IT deal the Defense Health Agency awarded to a competitor, saying he found nothing wrong with how the agency evaluated the contractors' proposals.

  • April 03, 2024

    Ex-DaVita IKC General Counsel Joins Crowell & Moring

    A former group general counsel and longtime employee at the integrated care subsidiary of DaVita Inc. is transitioning into private practice as a partner in Crowell & Moring's healthcare group, the law firm said Wednesday.

  • April 02, 2024

    Judge Strips State Law Claims From Suit Seeking Preshift Pay

    A Michigan federal judge cut claims for wages asserted under state law from a call center worker's proposed collective action, without prompting, ruling that differences between state and federal wage laws overly complicated the case and posed risk of confusion for a future jury.

  • April 02, 2024

    SF City Atty Says Gov't Has Duty To Probe Hospital Rankings

    As law schools, medical schools and health systems continue to raise concerns over the veracity of annual rankings published by U.S. News and World Report, San Francisco City Attorney David Chiu is holding fast to his belief that his office has an important role to play in pushing for transparency from the publication. Here, he discusses the U.S. News suit against him and how his investigation fits into his office's consumer protection work.

  • April 01, 2024

    6th Circ. Judge Warns Of 'Trap' In Medical Malpractice Laws

    The Sixth Circuit has backed an Ohio federal judge's decision to toss a couple's claim against a doctor they say failed to provide proper prenatal care that could have prevented their child's brain damage, with one judge writing separately that the relevant laws can easily "trap unwary litigants" with their requirements.

  • April 01, 2024

    Ford Can Keep Pursuing Narrowed BCBS Antitrust Suit

    A Michigan federal judge has trimmed some of Ford Motor Co.'s time-barred claims alleging Blue Cross Blue Shield engaged in an anti-competitive scheme to drive up prices, but said the auto giant established it had standing to pursue allegations it was injured by market-restricting agreements among insurance licensees.

  • April 01, 2024

    Swedish Match Sued Over Allegedly Youth Targeted Zyn Ads

    Philip Morris International and its subsidiary Swedish Match North America LLC have been hit with a putative class action from an unnamed California man alleging he became addicted to the company's Zyn smokeless oral nicotine pouches when he was a minor because of the product's marketing campaign.

  • April 01, 2024

    Fla. High Court Says Voters Will Choose Whether To Legalize Pot

    Florida voters will have the opportunity to legalize recreational marijuana at the ballot box this November, after the state Supreme Court on Monday rejected a challenge brought by the state's attorney general and ruled that the proposal didn't violate a state rule restricting ballot measures to only one subject.

  • March 29, 2024

    4th Circ. Revives Data Breach Suit Against Medical Center

    The Fourth Circuit on Friday revived a proposed class action alleging that Sandhills Medical Foundation Inc. failed to protect the personal information of patients whose data was leaked following a cyberattack, saying the health care provider is not shielded under federal immunity and that the government cannot be substituted as a defendant.

  • March 29, 2024

    Hedge Fund Beats Vaxart Investor's 'Short-Swing' Profits Suit

    A New York federal judge has granted a win to hedge fund Armistice Capital LLC and its managing member in a derivative suit brought by a shareholder of biotechnology company Vaxart Inc., which sought disgorgement of short-swing profits that allegedly were wrongfully obtained by the investment adviser.

  • March 29, 2024

    8 States Seek $122M After Robocaller Allegedly Ignored Ban

    Attorneys general from eight states urged a federal judge to modify an existing injunction barring a businessman from engaging in robocalling or telemarketing campaigns, asserting he has violated that order, should be held in contempt and must pay $122 million.

  • March 28, 2024

    Ohio Justices Split On Attorney's Sanction For Hiding His Past

    The Ohio Supreme Court has given a Cleveland attorney a six-month stayed suspension for omitting information in his application for a physician assistant license about multiple name changes and prior proceedings against him for having child pornography on his computer, which he had created via photo editing to demonstrate a point while serving as a defense expert.

  • March 28, 2024

    Mercy Taps Seasoned Health System GC To Lead Legal Team

    St. Louis-based hospital system Mercy has revealed it will have a new lawyer heading up its legal team starting Monday, with the addition of an experienced in-house healthcare industry counsel who brings more than 30 years of legal experience.

  • March 28, 2024

    Olympus Names New Corporate GC With Deputy Promotion

    Medical technology company Olympus announced that its deputy general counsel was promoted to corporate general counsel of the company's American unit, as part of a major change in leadership that includes the appointment of a new CEO.

  • March 27, 2024

    US Trustee Opposes New Official Committee In Talc Ch. 11

    The U.S. trustee has objected to a bid by an ad hoc group to form an official committee of unsecured commercial creditors in the bankruptcy of talc supplier Whittaker Clark & Daniels, arguing the ad hoc group largely consists of law firms that defended the debtor before it filed its Chapter 11 petition.

  • March 27, 2024

    Discovery Halted Pending Home Health Co.'s Dismissal Bid

    A New York federal judge agreed to stay discovery pending a home healthcare company's forthcoming bid to toss a home health aide's lawsuit alleging the company failed to pay its aides on a weekly basis as required for manual workers in the state.

  • March 27, 2024

    Cleveland Clinic Recruits Texas Health System Atty As CLO

    An experienced healthcare in-house attorney is leaving her post at Texas' Memorial Hermann Health System to join Cleveland Clinic as its top attorney, the Ohio-based healthcare organization announced Wednesday.

  • March 26, 2024

    Pharmacy Owner Gets 42 Months For $25M Kickback Scam

    A medical equipment pharmacy owner was sentenced to 42 months in prison Tuesday for carrying out a $25 million kickback scheme with a patient-leads broker as part of a scheme to falsely bill the federal government for care.

  • March 26, 2024

    Conn. Fertility Doctor Says Law Doesn't Support Distress Claim

    A retired fertility doctor facing a lawsuit for allegedly impregnating a patient with his own sperm wants a Connecticut state court judge to dismiss a claim for negligent infliction of emotional distress, arguing that the accusation amounts to medical malpractice and the plaintiff failed to clear a mandatory procedural hurdle.

  • March 26, 2024

    3rd Circ. Says EMS Transport Without Consent Is Med Mal

    A patient who was transported to a Pennsylvania hospital against his will was effectively making a medical malpractice claim against the emergency medical services technicians and needed to file a "certificate of merit" to back up such a claim, a split Third Circuit panel ruled Tuesday.

Expert Analysis

  • Class Action Defense: Don't Give Up On Bristol-Myers Squibb

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    Federal appellate court decisions in the six years since the U.S. Supreme Court decided Bristol-Myers Squibb show that it's anyone's ballgame in class action jurisdictional arguments, so defendants are encouraged to consider carefully whether, where and when arguing lack of specific personal jurisdiction may be advantageous, say attorneys at K&L Gates.

  • State Regs Sow Discord Between Cannabis, Hemp Industries

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    Connecticut, Maryland and Washington are the latest states choosing to require intoxicating hemp products to comply with the states' recreational marijuana laws, resulting in a widening rift between cannabis and hemp as Congress works on crafting new hemp legislation within the upcoming 2023 Farm Bill, say attorneys at Wilson Elser.

  • Questions Linger After FDA's Lab-Developed Tests Proposal

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    The U.S. Food and Drug Administration's recently proposed rule regarding its plan to regulate lab-developed tests is light on details, leaving many fundamental questions about the agency's authority and ability to execute its plans, say attorneys at Covington.

  • Lessons For Biosimilar And Biologic Antitrust Litigation

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    Aaron Marks at Cohen Milstein considers emerging ways in which biosimilar markets differ from traditional small-molecule drug markets, and recommends how pharmaceutical antitrust litigators can account for these market dynamics in biosimilar-delay cases.

  • Balancing Justice And Accountability In Opioid Bankruptcies

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    As Rite Aid joins other pharmaceutical companies in pursuing bankruptcy following the onslaught of state and federal litigation related to the opioid epidemic, courts and the country will have to reconcile the ideals of economic justice and accountability against the U.S. Constitution’s promise of a fresh start through bankruptcy, says Monique Hayes at DGIM Law.

  • Louisiana's Toxic Tort Barrier May Be Weakening

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    Louisiana's short prescriptive period to bring a survival action has long served as an important barrier against toxic tort claims, but the plaintiffs bar will likely rely on the recent Fifth Circuit decision in Jack v. Evonik to argue that anyone who arguably suffered injury based on exposure to some toxic substance may have a claim, say attorneys at Kirkland.

  • When And How Companies Should Build An AI Strategy

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    Once a company has decided to engage with artificial intelligence, there are myriad steps that need to be taken, beginning with the creation of an AI leadership team that has deep knowledge about the company's business risks and is highly respected by senior management, say Judith Rinearson and Corey Bieber at K&L Gates.

  • 5th Circ. Ruling Shows Need For Proffer Terms Negotiation

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    The Fifth Circuit’s recent U.S. v. Shah decision, holding that a defendant breached his proffer agreement, illustrates why defense attorneys should insist on negotiating the terms of such agreements with prosecutors to protect their clients at trial, say attorneys at Haynes Boone.

  • Data Furnishers Should Watch CFPB Plans For Class Actions

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    Companies should follow the Consumer Financial Protection Bureau’s rulemaking process as it considers allowing class actions against data brokers that provide incorrect consumer information to credit reporting agencies, a move that could rewrite the legal risks of participating in the consumer reporting ecosystem, say attorneys at Troutman Pepper.

  • Justices Could Use Purdue To Resolve Related Circuit Split

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    The U.S. Supreme Court will soon hear Harrington v. Purdue Pharma to determine the validity of nonconsensual third-party releases in bankruptcy, but justices should also take the opportunity to resolve a related circuit split over the constitutional authority of bankruptcy judges to issue final rulings on such releases, says Benjamin Feder at Kelley Drye.

  • 2nd Circ. OT Ruling Guides On Pay For Off-The-Clock Work

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    While the Second Circuit’s recent holding in Perry v. City of New York reiterated that the Fair Labor Standards Act obligates employers to pay overtime for off-the-clock work, it recognized circumstances, such as an employee’s failure to report, that allow an employer to disclaim the knowledge element that triggers this obligation, say Robert Whitman and Kyle Winnick at Seyfarth.

  • Tips For Student Visa Applicants Mired In Processing Delays

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    Notwithstanding procedural changes at the U.S. Department of State that provided hope for more timely and predictable visa processing outcomes, international student applications continue to risk becoming bogged down in administrative processing, but certain steps may improve the situation, say Carl Risch and Lauren Epstein at Mayer Brown.

  • Bracing For Regulatory Delays As Shutdown Looms

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    As a government shutdown looms, stakeholders should plan for regulatory delays and note that more regulations could become vulnerable to congressional disapproval under the Congressional Review Act, say Matthew Shapanka and Holly Fechner at Covington.

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