Health

  • January 01, 2025

    Connecticut Cases To Watch In 2025: Ethics, Mergers & Actors

    A suit over McCarter & English LLP's municipal loan advice and a Yale-owned heath network's legal battle over a beleaguered acquisition deal are just two multimillion-dollar cases that will keep Connecticut courts busy next year. 

  • December 23, 2024

    HHS Can't Enforce Abortion Privacy Rule Against Texas Doctor

    A Texas federal judge has granted a Lone Star State doctor a reprieve from a new U.S. Department of Health and Human Services rule that aims to protect the privacy of abortion providers and patients, saying that the rule likely exceeds the Health Insurance Portability and Accountability Act's statutory authority.

  • December 23, 2024

    EEOC, Ala. Medical Center Get OK For Deal In ADA Suit

    An Alabama medical center will shell out $60,000 to end a U.S. Equal Employment Opportunity Commission lawsuit claiming the organization showed an employee the exit door after requesting to switch departments following a back injury she sustained at work.

  • December 23, 2024

    Thompson Coburn Data Breach Plaintiffs Aim To Consolidate

    Plaintiffs seeking restitution from Thompson Coburn LLP over a data breach filled a motion Friday to consolidate the group's eight proposed class actions, as well as appoint three attorneys to interim class counsel over the potential master case.

  • December 20, 2024

    TD Bank, Boeing And Medicare: Compliance Headlines In 2024

    Corporate compliance lessons were never far from the headlines in 2024, as regulatory challenges and headaches facing industries ranging from healthcare to aerospace played front and center, including TD Bank's historic $3.1 billion money laundering settlement that federal prosecutors billed as one for the risk-management textbooks.

  • December 20, 2024

    Proskauer Beats DQ Bid In NJ Hospital Antitrust Fight

    A New Jersey federal judge refused to disqualify Proskauer Rose LLP from defending healthcare network RWJBarnabas Health Inc. in an antitrust lawsuit brought by competitor CarePoint Health Management Associates LLC, saying the present case wasn't substantially related to work the law firm previously did for CarePoint.

  • December 20, 2024

    Sens. Aim To Protect Generics With Skinny Labels In New Bill

    A bipartisan group of senators from Colorado, Arkansas, Vermont and Maine have introduced a bill that would shield generic-drug and biosimilar manufacturers from infringement liability when using approved "skinny labels."

  • December 20, 2024

    Independent Health Inks $98M Deal For Medicare Overcharges

    Independent Health Association Inc. has agreed to pay up to $98 million to resolve a decade-old False Claims Act whistleblower suit alleging it knowingly submitted invalid diagnosis codes for Medicare Advantage Plan enrollees to boost payments that the insurer received from Medicare, the U.S. Department of Justice announced Friday.

  • December 20, 2024

    South Korean Needle Operation Secures Patent Win At ITC

    The U.S. subsidiary of a South Korean dermatologist's needle business has convinced a judge at the U.S. International Trade Commission that several rivals in the marketplace for selling microneedles to plastic surgeons are infringing patents. 

  • December 20, 2024

    3rd Circ. Denies Challenge To Pa. Autism Settlement

    A Third Circuit panel on Friday rejected claims a settlement requiring around-the-clock care for a woman with autism is too impractical to be enforced, reversing a lower-court decision and handing a victory to the Pennsylvania woman's family.

  • December 20, 2024

    Hagens Berman Settles Suit Over Effexor Deal Atty Fees

    A pharmaceutical reseller's in-house counsel and founder moved Friday to drop a Mississippi federal court breach of contract suit accusing Hagens Berman Sobol Shapiro LLP of stiffing him on his share of a $13 million attorney fees award from an antitrust class settlement, citing a resolution to the dispute.

  • December 20, 2024

    Insurer Gets Out Of Ga. Sperm Bank's Bad Seed Claims

    A Georgia federal judge said Allied World Surplus Lines Insurance Co. has no duty to defend a sperm bank that has been sued in Canada and the United States for allegedly selling semen from a donor with genetic abnormalities.

  • December 20, 2024

    Court Opens Window For Patient To Pierce COVID Immunity

    A Michigan appellate court said Wednesday medical malpractice claims from a patient seeking help for pandemic-related stress were barred because her hospital admittance and alleged injuries had a connection to the COVID-19 pandemic, but the court directed a lower court to consider letting the patient plead a gross negligence exception to the state's pandemic response immunity.

  • December 20, 2024

    Medical Records Co. Wants Rival's Antitrust Suit Tossed

    Epic Systems Corp. told a New York federal court that an antitrust case lodged by Particle Health Inc. is really just payback for revealing concerns that Particle allowed its customers to inappropriately access personal medical records.

  • December 20, 2024

    Top Government Contracts Of 2024: Year In Review

    This year, the U.S. General Services Administration made dozens of awards for two massive, uncapped governmentwide deals, while the U.S. Department of Energy awarded more than $70 billion both for making nuclear weapons and cleaning up their legacy. Here, Law360 looks at seven of the biggest government contracts awarded in 2024.

  • December 20, 2024

    Mich. Doc Accused Of Selling Property To Duck $35M Judgment

    A Michigan doctor fraudulently sold property and sent money to his family members to avoid paying a $35 million forfeiture and $5.2 million restitution related to his healthcare fraud convictions, federal prosecutors alleged Friday.

  • December 20, 2024

    The Most Significant Trade Secrets Cases Of 2024

    Insulet Corp. became the latest company to notch a colossal trade secrets award, and a new presidential administration has attorneys wondering what will become of the Federal Trade Commission's pending proposal to ban employee noncompete agreements. Here's a look at trade secrets cases that defined 2024 and what to expect from the FTC in the coming year.

  • December 20, 2024

    Top Product Liability Cases Of 2024

    Some of the top cases for product liability for 2024 include an Ohio Supreme Court ruling on opioids and public nuisance, baby formula trials and an appellate decision in Fosamax litigation. 

  • December 20, 2024

    Trulieve Wants Quick Win Over Insurer In Wrongful Death Suit

    Trulieve said it's entitled to a default win against one of the two insurance providers it claims are supposed to indemnify it against a cannabis worker's wrongful death suit, saying the provider failed to respond to its litigation.

  • December 20, 2024

    Psychedelics Law Reformers Hit Multiple Setbacks In 2024

    In 2024, advocates, physicians and researchers attempted to broaden lawful access to federally illegal psychedelic drugs through a variety of avenues — the new drug approval process, litigation and a ballot initiative — with the upshot that the law remains largely unchanged and, for the most part, still restricts legal use and possession of these substances.

  • December 20, 2024

    'Dreamers' Urge 8th Circ. To Uphold Health Coverage Rule

    Recipients of Deferred Action for Childhood Arrivals have urged the Eighth Circuit to pause a district court order halting a Biden administration regulation qualifying them for Affordable Care Act coverage, saying the lower court relied on "strained speculation" to find standing.

  • December 20, 2024

    Fla. Labs Appeal $7.3M Conn. Jury Verdict Favoring Cigna

    Three Florida substance abuse testing laboratories filed notice Thursday promising to appeal a $7.3 million loss to Cigna Health and Life Insurance Co. over billings for recurring tests on drug treatment patients the insurer said were not medically necessary.

  • December 20, 2024

    Top Privacy & Cybersecurity Developments Of 2024

    The state data privacy law patchwork continued to add new and varied pieces in 2024, while major hacks shook up the healthcare industry and other critical sectors, and the first U.S. laws setting guardrails for the use of artificial intelligence technologies emerged.

  • December 20, 2024

    Biggest Illinois Decisions Of 2024

    A U.S. Supreme Court decision narrowing the federal bribery statute caused waves in several high-profile Chicago public corruption cases at every litigation stage, almost instantly making a former Indiana mayor's high court win one of the biggest Illinois cases of the year.

  • December 20, 2024

    Lambda Legal Adds Attorney In NY Focused On Trans Rights

    LGBTQ+ advocacy group Lambda Legal has hired a new senior attorney focused on the organization's work defending the transgender community.

Expert Analysis

  • A Primer On EU's Updated Human Substance Regulations

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    The European Union's updated standards regarding quality and safety of substances of human origin meant for human application carry significant implications for companies that work with cells and tissues, and U.S. companies active in the EU market should pay particular attention to the import and export rules, say Geneviève Michaux and Georgios Symeonidis at King & Spalding.

  • Series

    After Chevron: New Lines Of Attack For FCA Defense Bar

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    Loper Bright has given defense counsel new avenues to overcome the False Claims Act elements of falsity and scienter, as any FCA claim based upon ambiguous statutory terms can no longer stand solely on agency regulations to establish the statute's meaning, which is itself necessary to satisfy the FCA's basic requirements, says Elisha Kobre at Bradley Arant.

  • CFPB's Medical Debt Proposal May Have Side Effects

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    The Consumer Financial Protection Bureau’s recent proposal to prevent medical debt information from appearing on consumer reports and creditors from basing lending decisions on such information may have initial benefits for some consumers, but there are potential negative consequences that should also be considered, say attorneys at Cooley.

  • Series

    Teaching Scuba Diving Makes Me A Better Lawyer

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    As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

  • 15 Areas That Would Change Under Health Data Rule Proposal

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    If finalized, the Office of the National Coordinator for Health Information Technology's proposed rule will significantly progress its efforts to advance interoperability, respond to stakeholder concerns and clarify compliance with the health IT certification program, say attorneys at Ropes & Gray.

  • The Road Ahead For Regulation Of Digital Twins In Healthcare

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    Digital replicas of cells, organs and people — known as digital twins — can facilitate clinical trials for new drugs by reducing the number of patients required, but data limitations can create logistical hurdles and regulatory efforts addressing digital twins are still in early stages, say consultants at Keystone Strategy.

  • 3 Ways To Lower Insider Trading Risk After First 10b5-1 Case

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    In light of the U.S. Department of Justice's insider trading prosecution against the former CEO of Ontrack based on alleged abuse of a Rule 10b5-1 safe harbor plan — designed to allow executives to sell their companies' securities without liability — companies and individuals should take steps to avoid enacting similar plans in bad faith, say attorneys at Jenner & Block.

  • Lawyers Can Take Action To Honor The Voting Rights Act

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    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

  • PE Firms Should Prepare For Increased False Claims Scrutiny

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    The impact private equity firms may have over medical decisions and care is increasingly attracting potential liability under the False Claims Act and attention from states and the federal government, so investors should follow best practices including conducting due diligence both before and after acquisitions, say attorneys at K&L Gates.

  • 3 Healthcare FCA Deals Provide Self-Disclosure Takeaways

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    Several civil False Claims Act settlements of alleged healthcare fraud violations over the past year demonstrate that healthcare providers may benefit substantially from voluntarily disclosing potential misconduct to both the U.S. Department of Justice and the U.S. Department of Health and Human Services, say Brian Albritton and Raquel Ramirez Jefferson at Phelps Dunbar.

  • Series

    After Chevron: ERISA Challenges To Watch

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    The end of Chevron deference makes the outcome of Employee Retirement Income Security Act regulatory challenges more uncertain as courts become final arbiters of pending lawsuits about ESG investments, the definition of a fiduciary, unallocated pension forfeitures and discrimination in healthcare plans, says Evelyn Haralampu at Burns & Levinson.

  • Opinion

    Expert Witness Standards Must Consider Peer Review Crisis

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    For nearly two decades, the so-called replication crisis has upended how the scientific community views the reliability of peer-reviewed studies, and it’s time for courts to reevaluate whether peer review is a trustworthy proxy for expert witness reliability, say Jeffrey Gross and Robert LaCroix at Reid Collins.

  • Takeaways From High Court's Tribal Health Admin Cost Ruling

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    The U.S. Supreme Court's recent determination that the government must reimburse two Native American tribes for administrative healthcare costs will help tribes maintain equal footing with the Indian Health Service when administering programs, and continues a pattern of how the current court aligns on tribal concerns, say attorneys at Lewis Roca.

  • Justices' Intent Witness Ruling May Be Useful For Defense Bar

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    At first glance, the U.S. Supreme Court’s recent Diaz v. U.S. decision, allowing experts to testify to the mental state of criminal defendants in federal court, gives prosecutors a new tool, but creative white collar defense counsel may be able to use the same tool to their own advantage, say Jack Sharman and Rachel Bragg at Lightfoot Franklin.

  • Eye On Compliance: New Pregnancy And Nursing Protections

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    With New York rolling out paid lactation breaks and extra leave for prenatal care, and recent federal legislative developments enhancing protection for pregnant and nursing workers, employers required to offer these complex new accommodations should take several steps to mitigate their compliance risks, says Madjeen Garcon-Bonneau at Wilson Elser.

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