Health

  • February 06, 2025

    Buyers Want Kratom Cos. Addiction Suit To Go On

    Two California kratom manufacturers shouldn't be allowed to escape a lawsuit claiming they failed to warn about the "highly addictive" nature of their products, a proposed class of consumers argued, pointing to a podcast where a company executive suggested their products were more potent than morphine.

  • February 06, 2025

    6th Circ. Uncertain If Health Plan Administrator Is A Fiduciary

    A yacht-maker urged the Sixth Circuit on Thursday to revive its lawsuit accusing Blue Cross Blue Shield of Michigan of overpaying employee health plan claims so it could profit off of savings recovered later, but faced tough questions about whether plan administrator BCBSM was a fiduciary under federal benefits law.

  • February 06, 2025

    SEC's Dealer Suit May Criminalize Major Investors, Funds Say

    The hedge fund industry has urged the Eighth Circuit on to overturn a U.S. Securities and Exchange Commission victory against a penny stock trader, arguing that the SEC's case threatens to "make a felon of every institutional investor" by declaring them unregistered securities dealers.

  • February 06, 2025

    WWE Accuser Flouting Conn. Law In Records Feud, Doc Says

    The former World Wrestling Entertainment Inc. legal staffer who is suing the company and ex-executives, including founder Vince McMahon, for sex trafficking is misusing the Connecticut state court system to generate evidence for her federal case, a celebrity doctor has argued in seeking to dismiss a demand that he turn over her medical records.

  • February 06, 2025

    Anti-Legalization Group Vows To Go On 'Offense'

    The head of a leading anti-drug nonprofit on Thursday pledged to go on the offensive by lobbying to undo the federal law legalizing intoxicating hemp, fighting a pending proposal to loosen federal cannabis restrictions and attempting to reverse state-level legalization.

  • February 06, 2025

    Judge OKs 'Unorthodox' Deal To Fund Pa. Hospitals In Ch. 11

    Bankrupt hospital operator Prospect Medical has agreed to put its four Philadelphia-area hospitals under receivership for the next 30 days while it hammers out a sale as part of a funding arrangement that a Texas bankruptcy judge on Thursday called "unorthodox."

  • February 06, 2025

    ERISA Preempts Banker's $5.5M Deferred Comp, Judge Rules

    The Employee Retirement Income Security Act preempts a former Leerink Partners employee's claims that she was cheated out of about $5.5 million in deferred compensation after the bank hired her under allegedly false pretenses from Goldman Sachs, a Massachusetts federal judge ruled Thursday.

  • February 06, 2025

    CooperSurgical Hit With IVF Embryo Loss Class Claims

    A proposed class has sued CooperSurgical Inc. over embryos lost to its defective culture medium for in vitro fertilization, in the latest complaint in a series of individual lawsuits brought against the company after its 2023 recall of the product.

  • February 06, 2025

    UnitedHealth Drops Bid To Toss Home Health Deal Challenge

    UnitedHealth Group and home health and hospice giant Amedisys Inc. dropped their bid to toss a case challenging their $3.3 billion merger after enforcers detailed the home health and hospice markets they allege will be hurt by the deal.

  • February 06, 2025

    Tort Report: Kiss Death Suit Must Be Axed, Band Says

    A bid to escape a suit accusing legendary rock band Kiss of causing a guitar technician's coronavirus death and the $8.5 million settlement of a convoluted medical malpractice case lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • February 06, 2025

    Globus Medical Buys Device-Maker Nevro In $250M Deal

    Musculoskeletal solutions company Globus Medical, advised by Wyrick Robbins Yates & Ponton LLP, on Thursday announced plans to buy Latham & Watkins LLP-led medical device company Nevro Corp. in an all-cash deal with an equity value of roughly $250 million.

  • February 06, 2025

    Trump's Federal Worker Buyout Plan Put On Hold

    A Massachusetts federal judge on Thursday put on hold the Trump administration's "deferred resignation" program for federal employees, delaying the deadline for workers to accept the offer until Monday while the court weighs the legality of the move.

  • February 05, 2025

    Trump's Immigration Agenda Could Gut Key Workforces

    Immigration raids are threatening harsh consequences for industries that rely heavily on immigrant labor, with economic losses being compared to recession levels if workers are swept up in the raids or don’t show up to work for fear of getting deported.

  • February 05, 2025

    Colo. University Hit With Suit Over 'Culture Of Chauvinism'

    A doctor and former genetics researcher at the University of Colorado sued the institution in Denver federal court on Tuesday alleging her supervisor created a "culture of chauvinism and misogyny" and that she was fired and badmouthed throughout the industry after complaining.

  • February 05, 2025

    $12M Medical Fraud Suit Doesn't Need Retrial, 5th Circ. Told

    A Fifth Circuit panel seemed disinclined to do away with a retrial for a suspect in a multimillion-dollar healthcare fraud scheme after alleged prosecutorial misconduct sank an earlier trial, saying Wednesday that the trial judge's reasoning carries weight.

  • February 05, 2025

    Trump Signs Order Restricting Transgender Women In Sports

    President Donald Trump signed an executive order banning transgender women from competing in women's sports during a Wednesday afternoon press conference at the White House, continuing his trend of targeting transgender rights.

  • February 05, 2025

    Trade Groups Urge PBM Crackdown By Trump, Congress

    A coalition of industry trade groups sent letters Wednesday urging President Donald Trump and leaders in Congress to advance legislation reining in pharmacy benefit managers — which intermediate between drugmakers, insurers and pharmacies — in the next piece of federal government funding legislation.

  • February 05, 2025

    'Dreamers' Tell 8th Circ. ND Can't Challenge Health Coverage

    Deferred Action for Childhood Arrivals recipients have urged the Eighth Circuit to reverse an order blocking a Biden administration rule expanding their rights to Affordable Care Act health insurance coverage, arguing that a lower court erred in finding that North Dakota has standing to sue in the state.

  • February 05, 2025

    Penn Hospital Says $200M Judgment Imperils Local Care

    The Hospital of the University of Pennsylvania implored the Pennsylvania Superior Court on Wednesday to upend a purportedly historic $200 million medical malpractice judgment, arguing that the jury's award in the birth injury case was greater than the economic output of some nations and could seriously impact the hospital's operations.

  • February 05, 2025

    CVS Beats 2nd Investor Suit Over Omnicare Deal

    A Rhode Island federal judge on Wednesday dismissed a second investor suit against CVS over its Omnicare acquisition in light of a 2022 First Circuit decision in a similar suit, saying the current action should be tossed because it suffers the same pleading fatalities as the case that went before the appeals court.

  • February 05, 2025

    Cuts To Medicaid Will Devastate Tribal Healthcare, Experts Say

    As talks of big funding slashes to Medicaid loom among federal lawmakers, Indigenous communities say they will face devastating losses if any anticipated legislation passes, leading to cuts in Indian Country's healthcare workforce, a large gap in services for children and a rise in preventable illnesses.

  • February 05, 2025

    6th Circ. Urged To Revive Allergy Co.'s Antitrust Claims

    An allergy company tried Wednesday to persuade a noncommittal Sixth Circuit panel to revive an antitrust suit it brought against health insurance companies it says worked together to push it out of the market.

  • February 05, 2025

    Sheppard Mullin Adds Healthcare Reg Partner From Troutman

    Sheppard Mullin Richter & Hampton LLP on Wednesday announced the arrival of a healthcare partner joining from Troutman Pepper Locke LLP, continuing a streak of recent additions to its healthcare practice.

  • February 05, 2025

    Proskauer Fights Another DQ Bid In NJ Hospital Antitrust Suit

    A New Jersey federal magistrate judge was right to allow Proskauer Rose LLP to continue as counsel for RWJBarnabas Health Inc. since the firm's prior advice to CarePoint Health on its use of COVID-19 relief funds is unrelated to the antitrust lawsuit currently playing out between the two companies, according to the firm.

  • February 05, 2025

    Activist Nominates 4 Director Candidates To Kenvue Board

    Activist investor Starboard Value LP on Wednesday unveiled its slate of four director candidates to be nominated to consumer products company Kenvue Inc.'s board of directors, saying that significant changes to the board are necessary to ensure the company is managed and overseen in a manner consistent with the best interests of its shareholders.

Expert Analysis

  • Takeaways From DOJ Fraud Section's 2024 Year In Review

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    Attorneys at Paul Weiss highlight notable developments in the U.S. Department of Justice Fraud Section’s recently released annual report, and discuss what the second Trump administration could mean for enforcement in the year to come.

  • Opinion

    IVF Suits Highlight Need For Better Legal Frameworks

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    The high number of in vitro fertilization embryo losses underscores the need for more cohesive legal and regulatory guidance related to human errors, property versus personhood, and liability, says Jeff Korek at Gersowitz Libo.

  • Recent Suits Show Antitrust Agencies' Focus On HSR Review

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    The U.S. Department of Justice's suit this month against KKR for inaccurate and incomplete premerger filings, along with other recent cases, highlights the agency's increasing scrutiny of Hart-Scott-Rodino Act compliance for private equity firms, say attorneys at Willkie.

  • Class Actions At The Circuit Courts: Nov. And Dec. Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • Takeaways From FDA's Updated Confirmatory Trial Guidance

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    The U.S. Food and Drug Administration's latest draft guidance about accelerated drug approval indicates the FDA's intent to address the significant lag time between accelerated approval and full approval of drugs and may help motivate the industry to complete confirmatory trials, say attorneys at Sheppard Mullin.

  • The Most Important Schedule I Drug Regulatory Shifts Of 2024

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    In 2024, psychedelics and cannabis emerged as focal points in medical research, marking a pivotal year in their legal and regulatory journey, but these developments presented both opportunities and challenges within this evolving field, say Kimberly Chew at Husch Blackwell and Stephen Kim at Avicanna.

  • UPS Penalty Demonstrates Goodwill Impairment Red Flags

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    The U.S. Securities and Exchange Commission's recent $45 million penalty against UPS for withholding reports of goodwill impairment should warn investors to watch for the telltale signs of companies inflating their worth by delaying tests that would reveal similar declines in the value of intangible assets, say attorneys at Labaton Keller.

  • Series

    Coaching Little League Makes Me A Better Lawyer

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    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

  • Courts Must Stick To The Science On Digital Addiction Claims

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    A number of pending personal injury and product liability lawsuits allege that plaintiffs have developed behavioral addictions to the use of social media and video games — but this is not yet recognized by relevant authorities as an addiction, so courts must carefully scrutinize such claims, say attorneys at DLA Piper.

  • 5 Litigation Funding Trends To Note In 2025

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    Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

  • FTC Privacy Enforcement Takeaways From 2024

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    In 2024, the Federal Trade Commission distinguished three prominent trends in its privacy-related enforcement actions: geolocation data protections, data minimization practices, and artificial intelligence use and marketing, say Cobun Zweifel-Keegan at IAPP and James Smith at Dechert.

  • Rethinking Litigation Risk And What It Really Means To Win

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    Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.

  • Issues To Watch In 2025's ERISA Litigation Landscape

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    Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.

  • How DOGE's Bite Can Live Up To Its Bark

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    All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.

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