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Health
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January 23, 2025
Detainees' COVID Claims Blunted By ICE Action, Judge Hints
A Michigan federal judge said Thursday she was skeptical healthy people in immigration detention can sue the federal government for not providing updated COVID-19 vaccinations, noting the jail in question being used by ICE has held vaccination clinics and that released detainees have had years to get the vaccine on their own.
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January 23, 2025
DOJ Says Rule Expanding ACA To Dreamers Is On Solid Ground
The U.S. Department of Justice has urged the Eighth Circuit to undo a North Dakota judge's decision to block a Biden administration rule allowing recipients of the Deferred Action for Childhood Arrivals program to qualify for Affordable Care Act health insurance coverage.
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January 23, 2025
White And Williams' NY Office Head Named Bankruptcy Chair
The managing partner of White and Williams LLP's New York office has taken on the role of chair of the firm's financial restructuring and bankruptcy practice, where she plans to focus on improving the practice group's visibility while ensuring high quality of client service and helping its attorneys to excel.
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January 23, 2025
15 States Reach $7.4B Settlement With Sackler Family
A bipartisan coalition of states on Thursday announced a $7.4 billion settlement in principle with the Sackler family and their company Purdue Pharma Inc., representing the largest settlement to date with the family accused of contributing significantly to the opioid epidemic.
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January 22, 2025
10th Circ. Affirms Toss Of Surgical Assistants' Antitrust Suit
The Tenth Circuit on Tuesday refused to revive an antitrust lawsuit against a national surgical certification board accused of monopolizing a surgical assistants and technicians accreditation and certification market, saying in a published opinion that the Association of Surgical Assistants' failure to establish a relevant market doomed its antitrust claims.
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January 22, 2025
Fla. Court Proposes $19M In Damages In Spinal Products Suit
A Florida federal judge has recommended that the principal of spine medical equipment companies pay $19.3 million in damages after allegedly breaching an agreement and forming a direct competitor to a business he previously contracted with for exclusive distribution of its products.
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January 22, 2025
RFK Filings Show Biopharma Stakes, Millions In Firm Income
Robert F. Kennedy Jr. plans to sell off his stakes in two biopharmaceutical companies and step back from lucrative roles at a handful of law firms if he is confirmed to lead the U.S. Department of Health and Human Services, according to new financial disclosures.
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January 22, 2025
Maryland Gov. Taps NY Official As New Cannabis Head
Maryland Gov. Wes Moore on Wednesday announced the appointment of a New York cannabis official to run the state's marijuana regulatory agency.
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January 22, 2025
Med Mal Experts Need Only 1 Specialty, NJ Justices Rule
When a doctor accused of malpractice has more than one specialty, the plaintiff needs only to produce an affidavit of merit from a physician who is certified in one of the specialties, the New Jersey Supreme Court ruled Wednesday, overturning a state appellate court ruling.
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January 22, 2025
Prospect Seeks To Move Conn. Hospital Sale Suit To Texas
National hospital chain Prospect Medical Holdings on Wednesday told a Connecticut federal judge that its recent Texas bankruptcy filing means a suit over a collapsed $435 million deal to sell its Connecticut-based hospitals belongs in Texas bankruptcy court.
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January 22, 2025
Pa. Justices Revive Case Over Hospital Care Discontinuation
Pennsylvania's highest court on Wednesday ruled a trial court had reasonable grounds to halt plans by now-bankrupt hospital operator Prospect Medical Holdings Inc. to discontinue emergency and acute care services at a Delaware County facility.
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January 22, 2025
Wash. City Beats Fired Workers' Suit Targeting Vax Mandate
A Washington federal judge tossed a suit brought by city workers claiming they were illegally fired for opposing a COVID-19 vaccine mandate, ruling that the city they worked for didn't violate any of their rights by requiring them to get immunized or lose their jobs.
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January 22, 2025
Feds Trim Spine-Implant Kickback Case Ahead Of Trial
A Massachusetts federal judge has granted a motion by prosecutors to drop bribery charges against a maker of spinal implant devices and whittle down the case against two of its former executives.
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January 22, 2025
9th Circ. Won't Revive Express Scripts Generics Dispute
A Ninth Circuit panel won't renew a suit accusing Express Scripts of shortchanging a Seattle pharmacy on reimbursements for the generic version of HIV/AIDS drug Truvada, finding that only the name-brand prescription was listed in their contract as a "covered specialty medication" entitled to a higher payback rate.
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January 22, 2025
Unum Unlawfully Cut Disability, Hughes Hubbard Worker Says
Insurance company First Unum Life Insurance unlawfully halted a Hughes Hubbard and Reed LLP manager's long-term disability benefits and decided to solely follow in-house doctors' recommendations, a suit filed in New Jersey federal court claims.
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January 22, 2025
Paul Weiss Guides Ares On $304M Form Technologies Buy
Paul Weiss is guiding an Ares Management-led group on the $304 million purchase of a majority of Form Technologies Inc.'s common equity, in a transaction that allows Kirkland & Ellis LLP-advised Form to "substantially deleverage" its balance sheet, Form said Wednesday.
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January 22, 2025
Mounting Pressure For PE Exits To Drive IPO Volume In 2025
Private equity-backed companies will generate nearly half of initial public offerings in 2025, analysts predicted on Wednesday, driven by a growing demand for exit strategies among investors that have owned stakes in companies for lengthy periods.
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January 22, 2025
Minn. Senate Bill Seeks Income Tax Break For Med Costs
Minnesota would allow its tax filers to subtract uncompensated medical care and health insurance costs from their state taxable income under legislation introduced in the state Senate.
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January 21, 2025
Key Justices Stay Quiet As High Court Weighs FCC Deference
Several U.S. Supreme Court justices on Tuesday appeared open to giving district courts more leeway to review the Federal Communciations Commission's tome of regulations under the Telephone Consumer Protection Act, although the two justices expected to cast pivotal votes refrained from posing questions.
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January 21, 2025
Intuitive Seeks Midtrial End To Robo-Surgery Antitrust Suit
Before calling its first defense witness Tuesday, Intuitive Surgical urged a federal judge to find in its favor in a trial over claims that it abused its market dominance by blocking third parties from refurbishing a component of its da Vinci surgery robot, saying there's no evidence of an unlawful tying arrangement.
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January 21, 2025
The Legal And Practical Questions Around Trump's WHO Exit
President Donald Trump’s first-day order setting in motion the United States’ withdrawal from the World Health Organization could leave the nation less prepared for global health threats and trigger legal clashes over the president’s authority to act unilaterally.
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January 21, 2025
4th Circ. Won't Undo Doctor's Conviction For Reusing Devices
A former North Carolina ear, nose and throat doctor staring down 25 years in prison for healthcare fraud lost an appeal Tuesday seeking to overturn her conviction, with the Fourth Circuit finding that the lower court did not commit any reversible error that would favor a shot at redemption.
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January 21, 2025
FDA Says 3 States' Mifepristone Suit Can't Be In Texas
The U.S. Food and Drug Administration has renewed its effort to dismiss three states' challenge of the agency's approval of abortion medication mifepristone, arguing that the states have no plausible connection to the Northern District of Texas.
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January 21, 2025
Trump Taps Pot Legalization Opponent As Acting DEA Head
A stalled effort to loosen federal restrictions on marijuana will be overseen, at least temporarily, by a former U.S. Drug Enforcement Administration agent who has previously spoken out against marijuana reform and specifically criticized the former administration's bid to recategorize the drug.
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January 21, 2025
Calif. Appeals Court Reinstates Nurses' Wage Suit
A California appeals court upended a hospital operator's win on some claims in nurses' wage and hour lawsuit, saying the nurses put forward enough evidence to show their employer's rounding policy resulted in their underpayment.
Expert Analysis
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Opinion
Weak Reasoning Underlies Fla. Judge's Bold Qui Tam Ruling
U.S. District Judge Kathryn Mizelle's groundbreaking decision in U.S. ex rel. Zafirov v. Florida Medical Associates LLC, holding that qui tam provisions of the False Claims Act are unconstitutional, relies on weak logic to reach a conclusion that differs from every other court that has ruled on the issue, says Ethan Greenberg at Anderson Kill.
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When Investigating An Adversary, Be Wary Of Forged Records
Warnings against the use of investigators who tout their ability to find an adversary’s private documents generally emphasize the risk of illegal activity and attorney discipline, but a string of recent cases shows an additional danger — investigators might be fabricating records altogether, says Brian Asher at Asher Research.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Medicare Overpayment Rules Are A Mixed Bag For Providers
The Centers for Medicare & Medicaid Services' updated rules for handling agency overpayments adopt a more reasonable definition of what it means to have "identified" an overpayment, which is a win for providers, but their new time frame for investigating related overpayments is unrealistic, says Susan Banks at Holland & Knight.
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Navigating Decentralized Clinical Trials With FDA's Guidance
The U.S. Food and Drug Administration's recently finalized guidance on conducting decentralized clinical trials, while not legally binding, can serve as a road map for sponsors, investigators and others to ensure trial integrity and participant safety, say attorneys at Phillips Lytle.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Expect More State-Level Scrutiny Of Noncompetes Ahead
Despite the nationwide injunction against the Federal Trade Commission’s noncompete ban, and the incoming Republican administration, employers should anticipate that state legislatures will continue to focus on laws that limit or ban noncompetes, including those that target certain salary thresholds or industries, says Benjamin Fryer at FordHarrison.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Cos. Should Inventory Issues To Prep For New Congress
As the legislative and oversight agendas of the 119th Congress come into sharper focus, corporate counsel should assess and plan for areas of potential oversight risk — from tax policy changes to supply chain integrity — even as much uncertainty remains, say attorneys at WilmerHale.
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Incoming Admin May Shake Up Life Sciences Regulation
Though President-elect Donald Trump has not yet articulated policy priorities regarding the life sciences industry, the sector is positioned to see significant changes that could affect everything from drug exclusivity and generic drug approvals, to the availability of over-the-counter drugs, to laboratory-developed tests and digital health, say attorneys at Morgan Lewis.
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Next Steps In The $2.8B Blue Cross Payout To Providers
Healthcare providers deciding whether to participate in Blue Cross Blue Shield network's recent $2.8 billion antitrust class action settlement must weigh key recovery factors, including provider type and litigation cost, say attorneys at Hall Render.
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Navigating DOJ's Patchwork Whistleblower Regime
In the past few months, the U.S. Department of Justice and several individual U.S. attorney’s offices have issued different pilot programs aimed at incentivizing individuals to blow the whistle on misconduct, but this piecemeal approach may create confusion and suboptimal outcomes, say attorneys at BakerHostetler.
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What To Expect From State AGs As Federal Control Changes
Under the next Trump administration, Democratic attorneys general are poised to strengthen enforcement in certain areas as Republican attorneys general continue their efforts with stronger federal support — resulting in a confusing patchwork of policies that create unintended liabilities for businesses operating in multiple jurisdictions, say attorneys at Morgan Lewis.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.