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Health
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January 06, 2025
Ga. Physician Assistant Sues Insurer Over Disability Benefits
A former physician assistant at Emory Healthcare Inc. filed suit Friday against Unum Life Insurance Co. of America, alleging that the company wrongfully terminated her long-term disability benefits despite her continued suffering from long COVID, which rendered her "unable to sustain almost any level of physical activity."
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January 06, 2025
Indian Chemical Cos. Supplied Fentanyl Precursors, DOJ Says
New York federal prosecutors on Monday unveiled criminal charges against two India-based chemical companies and a senior executive for allegedly conspiring to supply and ship chemical building blocks that would later be made into fentanyl, a highly addictive and deadly synthetic opioid, to the United States and Mexico.
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January 06, 2025
Teoxane Outbids Crown With New Revance Therapeutics Bid
Teoxane SA said Monday it has submitted a proposal to Revance Therapeutics Inc. to acquire the healthcare biotechnology company for $3.60 per share in cash, one-upping Revance's existing agreement to sell itself to skincare company Crown Laboratories Inc. for $3.10 per share in cash.
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January 06, 2025
SEC Seeks To Bar Milbank Probe From Dialysis Execs' Trial
The U.S. Securities and Exchange Commission said Monday that two dialysis company executives accused of accounting fraud should not be allowed to tell a jury about a Milbank LLP-led internal investigation they say found no evidence of intentional wrongdoing.
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January 06, 2025
Outpatient Surgery Co. Strikes $1.5M Deal To End 401(k) Suit
United Surgical Partners International Inc. will pay about $1.48 million to end a proposed class action alleging the outpatient surgery network loaded its employee 401(k) plan with expensive investment options and excessive fees, according to a filing in Texas federal court.
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January 06, 2025
Sheppard Mullin Hires University Of Calif. Health Counsel
Sheppard Mullin Richter & Hampton LLP announced Monday that it has hired two attorneys who previously served in-house at the University of California to bolster its healthcare industry practice group.
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January 06, 2025
Staffing Co. Strikes $4.4M Deal To End Nurses' Wage Suit
A healthcare staffing agency agreed to pay $4.4 million to resolve a 2,300-member collective action accusing it of shorting travel nurses on overtime wages and forcing them to accept lower pay after they had already begun their contracts, a filing in Washington federal court said.
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January 06, 2025
Girard Sharp Launches Into New Year With New Leadership
San Francisco-based Girard Sharp has kicked off the new year with a major leadership change, announcing Monday that Daniel C. Girard had stepped down as managing partner of the prominent plaintiffs complex litigation boutique he founded in 1995 and that longtime partner Dena C. Sharp was taking the reins.
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January 03, 2025
Aetna Says Takeda Inked Deal To Block Generics, Keep Profits
Takeda Pharmaceuticals struck an anticompetitive deal with Par Pharmaceutical to keep a cheaper, generic version of its anticonstipation drug Amitiza off the market after the drug's compound patent expired, Aetna claimed Friday in a Massachusetts lawsuit, with the insurer alleging it overpaid millions of dollars for the brand name drug.
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January 03, 2025
Hospital Org Inks $135M Deal To End Ex-CFO's Fraud Claims
Community Health Network has agreed to pay $135 million to end federal healthcare fraud claims brought by its former chief financial officer, a deal reached two years after the Indiana healthcare system agreed to pay $345 million to settle False Claims Act allegations from the government in the qui tam action, the ex-CFO's counsel announced Thursday.
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January 03, 2025
DOJ Wants Oct. Amedisys Trial, UnitedHealth Wants Aug.
The U.S. Department of Justice sparred with UnitedHealth Group in a Maryland federal court filing Friday over when to hold a trial on the government challenge to the $3.3 billion purchase of home health and hospice services company Amedisys Inc.
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January 03, 2025
Mass. Justices Affirm $29M Award In Leg Amputation Suit
The top court in Massachusetts on Friday upheld a nearly $29 million payout in a patient's lawsuit that accused two nurses and a physician assistant of causing his leg amputation, saying the details of a settlement agreement with two of the three healthcare professionals was properly excluded at trial.
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January 03, 2025
PBMs 'Wasting' Time in Opioid MDL Discovery Spat: Judge
An Ohio federal judge overseeing multidistrict opioid litigation on Friday denied pharmacy benefit managers a stay to appeal a discovery order and said he believed the PBMs were "wasting" the court's time.
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January 03, 2025
Outcome Execs Say Ill. Judge Should End Restitution Process
Outcome Health's former executives say the Illinois federal judge working to calculate how much they should repay investors following their fraud conviction should end the "largely academic" exercise because prosecutors haven't shown financial loss, and other repayment avenues remain open.
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January 03, 2025
Lyft, Home Health Agency Sued Over Fatal Crash
Lyft, a Massachusetts home healthcare agency and several individuals have been named in a wrongful death suit brought on Friday by the daughters of an elderly woman who died after her rideshare driver sped off a highway and into the front of a closed retail store last May.
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January 03, 2025
NY Nursing Home Blames AG's 'Crusade' For Ch. 11
The owner of a 588-bed nursing facility on Long Island has filed for Chapter 11 protection in a New York bankruptcy court with more than $58 million in debt, saying it was the victim of a "crusade" and "smear campaign" launched by the state attorney general's office.
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January 03, 2025
Mich. Justices Asked To Ease Hospital Liability Standard
A patient has urged the Michigan Supreme Court to clear up the standards for when hospitals can be liable for the mistakes of doctors who treat patients as independent contractors, saying a recent decision by the state's intermediate appellate court added an unwarranted hurdle to holding hospitals responsible.
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January 03, 2025
Physician Assistant Can't Avoid Suspension For Hiding Probe
An Ohio appeals court has affirmed sanctions the state's medical board gave a physician assistant for not disclosing his employer's investigation into sexual misconduct allegations against him, rejecting the argument he misunderstood his obligation to report it on his license renewal application.
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January 03, 2025
Settlement Reached In Hartford HealthCare Antitrust Suit
The parties in an antitrust lawsuit that accused Hartford HealthCare Corp. and its affiliates of using monopoly power to stifle competition in Connecticut's second-most populous county have settled, federal court records show.
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January 03, 2025
Insurers Ordered To Pay $165M For Deceptive Marketing
Insurance companies banned from selling policies in Massachusetts due to alleged deceptive marketing practices have been ordered to pay $165 million for selling the plans anyway and using similar false advertising in their pitches to consumers, a state judge has ruled.
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January 03, 2025
Alcohol Should Have Cancer Warnings, Surgeon General Says
The U.S. surgeon general said Friday that alcohol consumption is one of the leading causes of preventable cancer, after tobacco and obesity, and that alcoholic beverages should carry warning labels, pointing to a gap in the public's understanding of its risks.
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January 02, 2025
DC Kept Disabled People In Restrictive Care Too Long: Ruling
After 15 years of litigation, a D.C. federal judge ruled this week that the District of Columbia has been violating a federal law that prohibits the segregation of people with disabilities by refusing to remove people from Medicaid-funded nursing homes into less restrictive forms of care.
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January 02, 2025
Issa Again Selected To Lead House IP Subcommittee
Rep. Darrell Issa, R-Calif., will again lead the House subcommittee overseeing intellectual property in the upcoming Congress, a role in which he has sponsored bills seeking to limit how many patents can be asserted in biosimilar cases and require disclosure of litigation funding.
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January 02, 2025
1st Private Co. Joins Insulin Price-Fixing MDL
A Florida-based car dealer is the first private company to join a multidistrict litigation accusing Novo Nordisk, Eli Lilly and Sanofi-Aventis of fixing the prices of insulin and other drugs to treat diabetes.
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January 02, 2025
Ozempic Caused Severe Pain And Hospitalization, Suit Says
Pharmaceutical giant Novo Nordisk has been sued in Connecticut federal court by a 67-year-old woman claiming it did not properly disclose the risk of gastroparesis associated with its popular weight loss drug Ozempic, which allegedly caused her severe stomach pain and vomiting that led to a 10-day hospitalization.
Expert Analysis
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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What FCA Cases May Look Like In The Age Of Generative AI
Generative artificial intelligence raises unique considerations both in the context of potentially leading to False Claims Act cases and in the discovery and litigation phases of these lawsuits, says attorney Rachel Rose.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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OSHA Workplace Violence Citation Highlights Mitigation Steps
The Occupational Safety and Health Administration's recent citation against behavioral health company Circles of Care sheds light on the enforcement risks companies may face for failing to prevent workplace violence, and is a reminder of the concrete steps that can help improve workplace safety, say attorneys at Benesch.
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When Banks Unknowingly Become HIPAA Biz Associates
There appears to be significant confusion regarding the application of the Health Insurance Portability and Accountability Act to financial institutions when serving healthcare-related clients, so these institutions should consider undertaking several steps as a starting point in the effort to achieve compliance, say attorneys at Vorys.
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The Regulatory Headwinds Facing Lab-Developed Tests
Though the U.S. Food and Drug Administration's final rule regarding regulation of laboratory-developed tests outlines a four-year plan for ending enforcement discretion, and though this rule is currently being challenged in courts, manufacturers should heed compliance opportunities immediately as enforcement actions are already on the horizon, say attorneys at Kirkland & Ellis.
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3 High Court Rulings May Shape Health Org. Litigation Tactics
Three separate decisions from the U.S. Supreme Court's most recent term — Loper Bright, Corner Post and Jarkesy — will likely strengthen healthcare organizations' ability to affirmatively sue executive agencies to challenge regulations governing operations and enforcement actions, say attorneys at McDermott.
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Opinion
A New Way Forward For COVID Vaccine Lawsuit Immunity
As Public Readiness and Emergency Preparedness Act protections for COVID-19 vaccines wane, adding those vaccines to coverage by the National Vaccine Injury Compensation Program would bolster defenses for administrators and manufacturers while also providing stronger remedies for those injured by vaccines, says Altom Maglio at MCT Law.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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Why DOJ's Whistleblower Program May Have Limited Impact
The U.S. Department of Justice’s new whistleblower pilot program aims to incentivize individuals to report corporate misconduct, but the program's effectiveness may be undercut by its differences from other federal agencies’ whistleblower programs and its interplay with other DOJ policies, say attorneys at Milbank.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Opinion
DOL's Impending Mental Health Act Regs Should Be Simplified
The U.S. Department of Labor should consider revising these six issues in its forthcoming Mental Health Parity and Addiction Equity Act regulations to ease the significant compliance hurdles for group health plan sponsors, says Alden Bianchi at McDermott.