More Healthcare Coverage

  • April 10, 2024

    US News Fights Uphill To Block SF's 'Best Hospitals' Probe

    A California federal judge indicated Wednesday he'll likely dismiss U.S. News & World Report's lawsuit challenging the San Francisco City Attorney's subpoenas seeking information about its methodology for ranking hospitals, saying the issue isn't ripe since the subpoenas aren't self-enforcing and the city hasn't yet sued for the information.

  • April 10, 2024

    9th Circ. Mostly Affirms Industry Ban For COVID PPE Delays

    A Ninth Circuit panel on Tuesday largely upheld a district court's ruling requiring personal protective equipment suppliers to pay over $3 million after finding that they misrepresented the shipping times of hand sanitizer products at the start of the COVID-19 pandemic, while reversing the Federal Trade Commission's injunction against one of the companies' owners.

  • April 10, 2024

    Novant Wants Fired Exec's Atty Fees Cut After Trip To 4th Circ.

    An attorney representing a former Novant Health executive should receive about $140,000 after prevailing on claims that his client was fired for being white amid a diversity push, the healthcare network said, urging a North Carolina federal judge to reduce the ex-executive's request for about $152,000 in attorney fees.

  • April 10, 2024

    Insurer Slams 'Price-Gouging' Doctor's COVID Billing Suit

    Health plan administrator United Medical Resources Inc. fired back at a doctor's $783,000 suit claiming that he and his practice firms were shortchanged for COVID-19 testing services, with multiple counterclaims alleging that the doctor billed for unnecessary extra testing and put in claims for services that were never rendered.

  • April 09, 2024

    Calif. Addiction Clinic Can't Shake Off Copyright Suit

    An intellectual property and false advertising feud between two rival addiction outpatient clinics in Sacramento will go on, a federal judge in California has ruled.

  • April 09, 2024

    Endo Sues FDA Over Generic Adrenalin Approvals

    Endo has filed a lawsuit against federal health regulatory authorities, alleging that they are wrongfully giving the go-ahead for a generic version of the Adrenalin epinephrine injection, asking for a stay of the decision.

  • April 09, 2024

    Feds Cancel Disputed Sole-Source Health Deal, Call Suit Moot

    The federal government is pressing the U.S. Court of Federal Claims to dismiss a contractor's complaint to a sole-source medical support contract, arguing the suit was moot after the U.S. Army voluntarily canceled the deal.

  • April 09, 2024

    Healthcare Co. Can't Sue Ex-Exec For Causing Canada Tax Hit

    A Colorado federal judge shot down a pharmacy automation company's suit alleging its former chief commercial officer cost it nearly CA$1.2 million ($907,000) in Canadian taxes by not telling his employer he had moved out of the country, saying the company hasn't shown it suffered any damage as a result.

  • April 09, 2024

    GAO Says Late Bid Blocks Protest Over VA Wellness Deal

    The U.S. Government Accountability Office has tossed a dispute over a U.S. Department of Veterans Affairs contract for health and wellness classes, saying a late bid barred the protest even though the VA agreed to consider the protester's proposal.

  • April 09, 2024

    Court OKs Decision Clearing Contractor Of Missed IP Deadline

    A patent docketing contractor used by major remote law firm FisherBroyles can't be held liable for a "clerical mistake" that led to a missed patent application deadline and then a neurosurgeon's lawsuit potentially seeking nearly $102 million, with a Georgia appeals court affirming a lower court decision that the surgeon never should have relied on those dates in the first place.

  • April 08, 2024

    Healthcare Research Co. Clario Hires Chief Legal Officer

    Clario, a healthcare research and technology company that works with endpoint technology used for clinical trials, has hired a new chief legal and administrative officer who joins from Thermo Fisher Scientific, the company announced Monday.

  • April 05, 2024

    Equatorial Guinea Says $8M Award Can't Be Enforced

    Equatorial Guinea is urging the D.C. Circuit to nix enforcement of an $8 million arbitral award issued to a Swiss company that was ousted from a hospital operating contract, saying a lower court should have looked closer at whether the dispute was adjudicated in the proper forum.

  • April 05, 2024

    Abbott Settles TM Suit Over Gray Market Diabetes Test Strips

    Abbott Laboratories told a New York federal judge Friday that the company has settled what remains of its trademark litigation campaign against makers of gray market diabetes test strips that has been going on since 2015.

  • April 05, 2024

    Med School Ex-CEO Sues For Legal Fees In Del. After Fraud Suit

    A company controlled by the former chief executive of a Grand Bahama-based medical school has sued the school's developers and indirect owner for legal fee advancements in Delaware's Court of Chancery, citing a federal suit accusing the ex-officer of selling undocumented stakes in the business.

  • April 05, 2024

    NC County School Board Joins Chorus Saying Apps Harm Youth

    The Board of Education in Wake County, North Carolina, on Friday joined the ranks of school systems suing Meta, Snapchat, TikTok and other social media companies, accusing them of stoking addiction in young users and saddling taxpayers with the cost.

  • April 05, 2024

    Mo. High Court Affirms Co.'s Medical Pot License Denial

    The Missouri Supreme Court affirmed the denial of a company's application for a medical marijuana cultivation facility license, finding that its submission missed the mark by not including a certificate of good standing from the secretary of state.

  • April 05, 2024

    Surgeon Denied Atty Fees After Erasure of $15M Sex Bias Win

    A Pennsylvania federal judge has denied attorney fees after undoing a $15 million verdict won by a surgeon who alleged that Thomas Jefferson University exhibited anti-male bias in investigating a medical resident's sexual assault claims against him, ruling a new trial was necessary.

  • 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.

Expert Analysis

  • 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.

  • How A Gov't Shutdown Would Affect Immigration Processing

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    While a government shutdown would certainly create issues and cause delays for immigration processing, independently funded functions would continue for at least a limited time, and immigration practitioners can expect agencies to create reasonable exceptions and provide guidance for navigating affected matters once operations resume, say William Stock and Sarah Holler at Klasko Immigration Law Partners.

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