Health

  • May 07, 2024

    Birth Control Cos. Can't Dodge Conn. Injury Suit, Court Told

    An Illinois woman who sued after her Filshie Clip birth control device migrated inside of her and "wreaked havoc on her body" has urged a state court not to let the manufacturers of the device and the seller's parent companies dodge her claims.

  • May 06, 2024

    Hospital Hits Back At Kowalskis' Bid For Sanctions

    Johns Hopkins All Children's Hospital urged a Florida court on Friday to reject a sanctions bid by the attorneys for Maya Kowalski — who won a $213 million verdict against the hospital and was the subject of the Netflix documentary "Take Care of Maya" — against the hospital's attorneys, arguing that the request for the court to refer them to the Florida Bar is improper.

  • May 06, 2024

    Judge Trims ESOP Valuation Suit Against Healthcare Co.

    A California federal judge has trimmed a lawsuit against KPC Healthcare Inc., its employee stock ownership plan committee and its investment manager Alerus Financial alleging that a sale of company stock was mismanaged.

  • May 06, 2024

    Monsanto Says Ruling Undoes $438M School PCB Loss

    Monsanto said Friday that a $438 million judgment in a polychlorinated biphenyls poisoning case at a Washington school should be thrown out, citing a recent state appellate court ruling undoing a $185 million jury verdict in a similar case involving chemical-caused illnesses at the same school campus.

  • May 06, 2024

    Chickasaw Can't Reopen Optum Prescription Payback Suit

    An Oklahoma federal judge has denied a bid by the Chickasaw Nation to reopen its lawsuit over prescription reimbursement claims, ruling that the tribe has not met its burden of showing that provider UnitedHealth Group's Optum waived its right to arbitration.

  • May 06, 2024

    UChicago Can't Ditch Data Sharing Privacy Claim

    A University of Chicago Medical Center patient accusing the hospital of illegally sharing her and other patients' identifying information with Meta can pursue her claims that the info sharing constitutes a federal wiretap violation, an Illinois federal judge said.

  • May 06, 2024

    Paul Weiss Lands M&A Pro Who Sees Strong Deals Pipeline

    James "Jim" Langston has joined Paul Weiss Rifkind Wharton & Garrison LLP as a partner in its mergers and acquisitions practice in New York, telling Law360 the move presented an irresistible opportunity to team up with attorneys he previously admired from across the bargaining table. 

  • May 06, 2024

    Mass General Eyes Retirement Plan Fee Suit Settlement

    The Mass General healthcare system in Boston and a proposed class of its workers are in the process of negotiating an agreement to resolve the employees' claims that they were charged excessive administrative fees for their retirement plan, the parties told a Massachusetts federal court.

  • May 06, 2024

    Latham & Watkins, Simpson Thacher Steer Healthcare JV

    Healthcare Realty Trust Inc. and KKR announced on Monday that the two have entered a joint venture to own and invest in quality medical outpatient buildings, in a deal guided by Latham & Watkins LLP and Simpson Thacher & Barlett LLP.

  • May 06, 2024

    Calif. Doctors Can't Escape Med Mal Atty's Defamation Suit

    A California appeals court has said two California doctors cannot escape a defamation suit over an allegedly defamatory website they created about a malpractice attorney whom they'd had a fee dispute with, denying an anti-SLAPP motion because the language the lawyer identified in his amended complaint was not protected activity.

  • May 06, 2024

    Catching Up With Delaware's Chancery Court

    A record $100 million settlement, a fishy Facebook decision, a canceled Amazon delivery and an upended $7.3 billion sale dispute topped the news out of Delaware's Court of Chancery last week. There were also new cases involving Hess, Microsoft and the 2022 World Cup.

  • May 06, 2024

    Hospital Chain Steward Health Hits Ch. 11 With Over $1B Debt

    Embattled hospital operator Steward Health Care filed for Chapter 11 protection Monday in a Texas bankruptcy court with more than $1 billion in debt, blaming rising costs and falling government reimbursement rates.

  • May 03, 2024

    Ala. High Court Won't Rethink Decision On Frozen Embryos

    The Alabama Supreme Court on Friday refused to revisit its February decision finding that frozen embryos count as children, a first-of-its-kind decision that has been received as potentially ruinous for in vitro fertilization services in the Yellowhammer State.

  • May 03, 2024

    BVI Co. Looks To Force $195M PPE Fight Into Arbitration

    A British Virgin Islands company facing a jury trial next year in a $195 million lawsuit over a purchasing deal for personal protective equipment urged a Missouri federal judge Friday to send the dispute to arbitration in Oklahoma instead.

  • May 03, 2024

    Hospital In Novant Merger Beset By Staff Turnover, Court Told

    The Federal Trade Commission and two healthcare companies used witness testimony Friday to paint competing pictures of a North Carolina hospital at the center of a $320 million merger dispute: one in which the hospital has focused on making quality improvements, and another where it's been plagued by poor ratings and high staff turnover.

  • May 03, 2024

    NJ Court Again Affirms Dismissal Of Suit Over Infant's Death

    A New Jersey appeals court on Friday denied a bid from a couple to reinstate their malpractice suit over the death of their 6-month-old son, saying they failed to show they had substantially complied with the statute of limitations.

  • May 03, 2024

    Arby's Franchise, Auto Dealer Hit With Ga. Data Breach Suits

    Workers at an Arby's franchise, a home nursing company and national car dealership have sued their employers in Georgia federal court, alleging the employers failed to safeguard sensitive personal information exposed in recent cyberattacks.

  • May 03, 2024

    How Big IP Judgment Winners Are Insuring 'Nuclear Verdicts'

    Until a few years ago, intellectual property plaintiffs who scored large monetary awards — often referred to as "nuclear verdicts" — had to wait out a lengthy appellate process before knowing how much money they would end up with. But a relatively new type of insurance policy is allowing plaintiffs to insure part of their judgment in case it gets reduced or wiped out on appeal. 

  • May 03, 2024

    Colo. Justices' Med Mal Cap Ruling A Win For Patients

    The Colorado Supreme Court's recent decision prohibiting trial courts from considering an injured patient's insurance liabilities before imposing the state's $1 million medical malpractice damages cap was the right call, experts say, and prevents an unfair windfall for negligent health care providers.

  • May 03, 2024

    Aetna To Pay $2M To End LGBTQ Fertility Coverage Suit

    A group of Aetna policyholders said Friday that the insurance giant has agreed to pay $2 million and revise certain health insurance guidelines to settle a proposed class action alleging its definition of infertility made it difficult and expensive for LGBTQ couples to obtain coverage for fertility treatments.

  • May 03, 2024

    Law Firm Pans Photographer's IP Suit Over Website Image

    The Schmidt Firm asked a Texas federal judge Friday to ax a professional photographer's allegations the Dallas-based firm illegally posted his copyrighted image of convicted sexual abuser and ex-Columbia University obstetrician-gynecologist Robert Hadden on its website without permission.

  • May 03, 2024

    Publix Can't Send Questions To Ga. Justices In Opioid Suit

    A federal judge overseeing national opioid litigation has rejected Publix's bid to ask the Georgia Supreme Court "convoluted and confusing" questions about if the state's public nuisance law applied to allegations the supermarket chain overdistributed painkillers.

  • May 03, 2024

    Medical Testing Co. Not In Health Field For Taxes, IRS Says

    A company that fills medical testing orders for its customers is nonetheless not a business involved in performing services in the health field for certain tax purposes, the Internal Revenue Service said in a private letter ruling released Friday.

  • May 03, 2024

    Conn. Dentists Settle Govt's Illegal Patient Recruiting Suit

    Two Connecticut dental practices and their co-owners have settled a federal false claims lawsuit accusing them of making illegal payments to a patient recruiter to generate business through Medicaid, agreeing to fork over about $187,000 over five years, plus 4% interest.

  • May 03, 2024

    4th Circ. Preview: Hemp, Wells And A Withdrawal

    The Fourth Circuit's second session of 2024 will have the court pondering the tension between Virginia's recent hemp restrictions and federal regulations, and how the Truth in Lending Act impacts a case accusing PNC Bank of an unauthorized account withdrawal.

Expert Analysis

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • CSA Case Could Shift Intrastate Commercial Cannabis

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    In Canna Provisions v. Merrick Garland, cannabis companies argue that the Controlled Substances Act is unconstitutional as applied to intrastate commercial cannabis activity; the Massachusetts federal court's eventual decision will be important to the cannabis industry for several reasons, including that the threat of federal enforcement would disappear overnight, says Hilary Bricken at Husch Blackwell.

  • How AI May Be Used In Fintech Fraud — And Fraud Detection

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    Recent enforcement actions in the fintech and finance industries show that the government is increasingly pursuing fraud enabled by artificial intelligence — at the same time it’s using AI innovations to enforce regulations and investigate fraud, say attorneys at ArentFox Schiff.

  • Takeaways From Groundbreaking Data Transfer Order

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    A recent first-of-its-kind executive order and related proposed rulemaking lay the groundwork for important outbound U.S. data protections, but they may have unintended consequences related to the types of data and the subjects within their scope, say attorneys at Kirkland.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • 5 Trends To Watch As Value-Based Healthcare Gains Steam

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    Value-based care has grown and evolved as healthcare providers, payors and policymakers seek to improve patient results while containing costs, and this shift in the industry is expected to accelerate in the near future, say attorneys at Holland & Knight.

  • Decline In Same-Industry M&A Tells A Nuanced Policy Story

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    In light of newly available Hart-Scott-Rodino Act data suggesting that intraindustry mergers are down overall and pharmaceutical and hospital intraindustry transactions tend to face greater antitrust scrutiny than in the past, attorneys at Morgan Lewis explore whether Biden administration enforcement policies may be curbing pro-competitive strategic M&A.

  • BIPA's Statutory Exemptions Post-Healthcare Ruling

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    The Illinois Supreme Court's November opinion in Mosby v. Ingalls Memorial Hospital, which held that the Biometric Information Privacy Act's healthcare exemption also applies when information is collected from healthcare workers, is a major win for healthcare defendants that resolves an important question of statutory interpretation, say attorneys at Quinn Emanuel.

  • What Workplace Violence Law Means For Texas Healthcare

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    While no federal laws address violence against healthcare workers, Texas has recently enacted statutory protections that take effect later this year — so facilities in the state should understand their new obligations under the law, and employers in other states would be wise to take notice as well, say attorneys at Bradley Arant.

  • 5 Models For Structuring Health Provider-Payor Partnerships

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    With recent data showing that the U.S. continues to spend more and get less for healthcare services compared to other industrialized nations, providers and payors should consider a variety of partnership structures that can help achieve the so-called triple aim of improving the health of individuals and populations while reducing per capita costs, says John Howard at Thompson Coburn.

  • Employers Should Take Surgeon's Sex Bias Suit As A Warning

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    A Philadelphia federal jury's recent verdict in a sex bias suit over Thomas Jefferson University's inaction on a male plaintiff's sexual harassment complaint is a reminder to employers of all stripes about the importance of consistently applied protocols for handling complaints, say attorneys at Williams & Connolly.

  • Business Litigators Have A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • What FTC's 'Killer Acquisition' Theory Means For Pharma Cos.

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    The Federal Trade Commission's recent lawsuit to block Sanofi's acquisition of a pharmaceutical treatment developed by Maze Therapeutics builds on previous enforcement actions and could indicate the agency's growing willingness to use its so-called killer acquisition theory against perceived attempts to eliminate nascent competition, say attorneys at Morgan Lewis.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • The Road Ahead For Florida's Drug Importation Program

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    Though the U.S. Food and Drug Administration approved Florida's drug importation program in January, a series of hurdles — including requisite buy-in from Canada — and potential legal challenges must be addressed before importation can begin, say attorneys at Ropes & Gray.

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