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Health
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November 26, 2024
NIH Beats 4th Circ. Bid To Unmask COVID Researcher
National Institutes of Health on Tuesday defeated a circuit court appeal by a whistleblower organization which had sought to uncover the identity of a Wuhan University researcher who submitted sequencing data to an open-access NIH archive.
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November 26, 2024
Insys Founder Kapoor Dropped From Del. Opioid Harm Suit
A Delaware state court has dropped Insys Therapeutics Inc. founder John N. Kapoor from a 6-year-old lawsuit that originally sought damages from Insys, Kapoor and several Delaware opioid prescribers and suppliers, ruling that the state lacked jurisdiction to pursue him for alleged harm to three state residents, two of them pain management patients.
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November 26, 2024
Officials Must Face Claims From Pot Farm Raid, Grower Says
A farmer whose Oklahoma property was razed by state drug enforcers, allegedly causing the destruction of crops and agriculture equipment worth millions of dollars, is pushing back on efforts by law enforcement to escape his suit, saying they shouldn't get qualified immunity.
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November 26, 2024
HCA Hospital Sale On Hold Amid Antitrust Concerns
An Indiana healthcare system has withdrawn its application with the state health department for a planned purchase of a hospital from HCA Healthcare following concerns from the Federal Trade Commission, saying it needs more time to rework the application.
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November 26, 2024
Court Asked To Halt DEA's Pot Rescheduling Hearing
The Drug Enforcement Administration's plan to hold administrative hearings on a proposal to reclassify marijuana must be stopped, a psychedelics researcher argued, telling a Washington federal judge that the DEA is not giving a voice to small entity researchers and tribal stakeholders.
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November 26, 2024
CGL Carrier Seeks $1.2M In Inter-Insurer Injury Dispute
A general liability insurer told a Michigan federal court that a professional liability insurer owes $1.2 million toward a $1.5 million settlement reached in an underlying lawsuit involving their mutual insured, a cardiovascular practice located in a Detroit hospital, arguing that the professional liability policy covered the claim.
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November 26, 2024
Mexico Floats Retaliation Against New Trump Tariffs
Hours after President-elect Donald Trump threatened new tariffs on China, Canada and Mexico, Mexican President Claudia Sheinbaum signaled that her government would respond with levies of its own Tuesday, imploring Trump to take a more diplomatic approach.
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November 26, 2024
Pa. Nursing Home Eying Sale Seeks Fraud Sentencing Delay
The parent company for a troubled Western Pennsylvania nursing home asked a federal court to postpone a sentencing for defrauding state and federal healthcare programs so the company can keep trying to sell the facility, or at least relocate its residents over a longer period of time.
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November 26, 2024
Adult Day Care Tries To Duck Suit Over Autistic Man's Death
An adult day care center urged a Florida court on Monday to dismiss a lawsuit over the death of an autistic man who was left alone in a hot transport van for hours, arguing that the man's sister does not qualify as his survivor for a wrongful death claim.
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November 25, 2024
Trump Vows Tariffs For Canada, Mexico, China On Day One
President-elect Donald Trump announced on social media Monday that he will implement steep tariffs on America's allies Canada and Mexico, as well as China, immediately after taking the oath of office on Inauguration Day.
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November 25, 2024
Calif. Jury Delivers $35M Verdict In Eyedrop Trademark Row
A Tennessee pharmaceutical company convinced a California federal jury that a rival owes it about $35 million for infringing its trademarks on brands of post-surgical eyedrops.
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November 25, 2024
At Trial, Ex-Clinic Head Accuses Seattle Hospital Of Race Bias
A Black ex-clinical director told a Washington state jury Monday that a Seattle hospital owes him millions of dollars for failing to address a "culture of racism" targeting him and the patients of color he advocated for while leading a clinic with a purported mission of advancing equity.
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November 25, 2024
Hormone Therapy Co. Jilted Actress Over Image Use, Suit Says
A commercial actress has accused a hormone treatment company and its affiliates of improperly using her image and likeness in promotional materials touting its therapies, telling a Texas state court the business "blatantly misappropriated" her personal brand.
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November 25, 2024
Missouri Gender-Affirming Care Ban Upheld As Constitutional
A Missouri state judge rejected a legal challenge to the state's ban on providing gender-affirming care to minors and adults, finding Monday the court should defer to the Legislature given that challengers hadn't proven the restrictions violated the U.S. Constitution.
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November 25, 2024
Baltimore Atty Convicted Over $25M Hospital Extortion Plan
A Baltimore federal jury on Friday convicted a prominent medical malpractice attorney on all charges in a case alleging he threatened the University of Maryland with bad publicity about "diseased" organs being transplanted into patients unless it paid him $25 million.
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November 25, 2024
Calif. Panel Scraps Ex-Medical Supply Exec's $533K Fee Win
A California appeals court has found that an Orange County judge was wrong to order a medical supply company to pay out half a million dollars in legal fees to a former executive who a jury found took confidential files out the door with him.
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November 25, 2024
DEA And Anti-Pot Group Reject Accusations Of Collusion
The Drug Enforcement Administration and a leading anti-cannabis-legalization advocacy group on Monday each pushed back against allegations that they colluded with each other in the run-up to administrative law judge hearings on a proposal to loosen federal restrictions on pot.
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November 25, 2024
Philly Hospital Must Pay Patient's Family $6.8M, Jury Finds
Thomas Jefferson University Hospital must pay $6.8 million to the family of a woman who died from complications resulting from a procedure targeting a tumor, with a Philadelphia jury finding the hospital was negligent in its treatment.
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November 25, 2024
Philly Man Acquitted In $34M Pharmacy Kickback Case In NJ
A Philadelphia man has been acquitted by a New Jersey federal jury of charges related to a $34 million medication kickback scheme involving three other pharmacy executives accused of paying marketers referral fees.
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November 25, 2024
Calif. Board Seeks Comment On AI Rules Amid Pushback
The California Privacy Protection Agency on Friday opened the public comment period for its latest rulemaking package proposing expansive draft rules regulating technologies fueled by artificial intelligence — including in the employment, education, healthcare, consumer protection, banking and insurance contexts — which business groups have already criticized as being overly broad and burdensome.
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November 25, 2024
Medical Info. Co. Beats Junk Fax Suit Over Free E-Book Offer
A medical information company has once again defeated a long-running Telephone Consumer Protection suit over unsolicited faxes it sent in 2013, with a West Virginia federal judge ruling the plaintiffs produced no evidence that the company got paid when recipients responded to their faxes.
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November 25, 2024
Final Buzzer Sounds On NBA Fraud Case With Doc's Sentence
A Manhattan federal judge hit a Seattle-area doctor with five years in prison Monday for joining with the ringleader of the NBA's $5 million health billing fraud ring to submit fake invoices, the final sentencing in the sprawling case.
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November 25, 2024
5th Circ. Upholds Miss. Ban On Medical Pot Ads
Marijuana dispensaries do not have protections under the First Amendment to advertise their products because the drug is still illicit under federal law, the Fifth Circuit ruled, tossing a lawsuit that sought to upend the state's tight regulations on cannabis ads.
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November 25, 2024
Colo. Firm Sued Amid Ownership Battle For Mental Health Co.
In a fight over control of a business that provides mental health services to adopted children, the widow of one of the business' founders claims that a Denver law firm committed malpractice and unjustly enriched itself when it advised her rivals in the company's board of directors to file "baseless" lawsuits against her and ran up more than $1 million in bills.
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November 25, 2024
Jury Finds Natera Owes Guardant $292.5M In False Ad Suit
A California federal jury on Monday awarded $292.5 million in actual and punitive damages to medical test maker Guardant Health after finding that its rival Natera falsely advertised its colorectal cancer test Signatera as superior to Guardant's competing product Reveal.
Expert Analysis
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Tobacco Surcharge Suits Spotlight Wellness Reg Compliance
A mounting wave of tobacco-user surcharge litigation against employee benefit plans highlights compliance challenges associated with the Health Insurance Portability and Accountability Act wellness regulations, and reminds plan sponsors to ask existential questions about the utility of their wellness programs, say Finn Pressly and Lesley Wolf at Ballard Spahr.
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The Key To Solving High Drug Costs Is Understanding Causes
One-sided views on who or what contributes to the high cost of pharmaceuticals render possible solutions much harder to discover and implement, and a better approach would be to examine history and learn why costs have increased and what legislation has and hasn't helped, says Nancy Linck at NJ Linck Consulting.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Avoiding Merger Disputes Via Careful LLC Agreement Drafting
The Delaware Court of Chancery recently upheld a merger in a dispute over the process of amending the target's limited liability company agreement, underscoring the importance of understanding the Delaware LLC Act default rules and careful drafting to allow for contractual modifications, says Jane Trueper at Lathrop.
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Next Steps For FCA Defendants After Fla. Qui Tam Ruling
Because a Florida federal court's recent decision in Zafirov v. Florida Medical Associates could eventually prove to be a watershed event for False Claims Act suits, defendants should consider potential next steps to ensure that their litigation benefits from the court's reasoning and further developments, says Scott Gallisdorfer at Bass Berry.
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Compliance Pointers For Amended Pa. Data Breach Law
Recent updates to the Pennsylvania Breach of Personal Information Notification Act include a requirement that organizations alert the state's attorney general of certain consumer data breach notifications, and several incident response and cybersecurity considerations will be necessary to ensure compliance, say Matthew Meade and Laura Decker at Eckert Seamans.
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Patent Lessons From 7 Federal Circuit Reversals In August
The Federal Circuit’s seven vacated or reversed cases from August provide helpful clarity on obviousness-type double patenting, written description and indefiniteness, and suggest improved practices for petitioners and patent owners in inter partes review, say Denise De Mory and Li Guo at Bunsow De Mory.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Opinion
To Shrink Jury Awards, Address Preventable Medical Errors
While some health industry leaders complain about large malpractice awards — like the recent $45 million verdict in Hernandez v. Temple University Hospital — these payouts are only a symptom of the underlying problem: an epidemic of preventable medical errors, says Eric Weitz at The Weitz Firm.
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A Look At Calif.'s New AI Law For Health Insurers
A newly enacted California law prohibits artificial intelligence tools from making medical necessity determinations for healthcare service plans or disability insurers, addressing core questions that have arisen around AI's role in coverage decisions, say attorneys at DLA Piper.