Health

  • December 2, 2016

    Plaintiffs Seek Consolidation In Meningitis Outbreak Case

    Four patients and four relatives of deceased victims asked a federal judge Thursday to consolidate their cases against a Maryland surgery center that allegedly injected them with meningitis-tainted steroids connected to a Massachusetts pharmacy.

  • December 2, 2016

    Health MVP: Jones Day's Kenneth Field

    Jones Day partner Ken Field helped hospitals in West Virginia and Minnesota consummate mergers and acquisitions despite hostility from the Federal Trade Commission, placing him among Law360’s Health MVPs of 2016.

  • December 2, 2016

    5 Insights From Airbus Group's Joshua Walker

    Technology so quickly outpaces regulation, and it’s imperative governments at every level find that sweet spot where the public is reasonably protected but innovation isn’t stifled. If the U.S. doesn’t get this balance right, other governments will, says Joshua Walker, general counsel and project executive for A3 by Airbus Group.

  • December 1, 2016

    21 At Texas Med. Center Charged In Massive Bribery Scheme

    Nearly two dozen founders of and investors in a physician-owned health care facility in Dallas have been charged in connection with roughly $40 million in bribes and kickbacks paid for patient referrals, according to a federal indictment unsealed Thursday in Texas federal court.

  • December 1, 2016

    Florida Nursing Homes Must Face $300M FCA Suit

    The operators of 53 skilled nursing facilities in Florida were denied sought-after pretrial victories over a whistleblower’s $300 million suit accusing them of overbilling Medicare and Medicaid, as a federal judge on Thursday found that they fell short of showing the record presents no genuine issue of material fact.

  • December 1, 2016

    University Wants Unpaid Patent License Fees Suit Revived

    The University of South Florida asked the Eleventh Circuit Wednesday to revive its breach-of-contact suit against drug company CoMentis Inc. over an unpaid sum the university says it's owed under a settlement ending patent litigation involving Alzheimer's disease research.

  • December 1, 2016

    NJ Woman Admits Role In $1M DNA Testing Medicare Fraud

    A New Jersey woman on Thursday admitted in federal court that she engaged in a $1 million Medicare fraud scheme that involved convincing seniors to submit to unnecessary genetic testing, offering kickbacks to physicians to authorize the tests and unlawfully accessing victims' private health care information.

  • December 1, 2016

    Nursing Home, Hospital Caused Woman's Death, Jury Told

    The family of a mentally ill woman who died of pneumonia urged a Texas jury Thursday to find a nursing home and a hospital liable for her death, saying the nursing home neglected her and the hospital wrongfully recognized a do-not-resuscitate document that she signed while unable to care for herself.

  • December 1, 2016

    Murphy Oil Dooms Nursing Center's Arbitration Rules

    A Los Angeles-area skilled nursing facility violated the National Labor Relations Act through an arbitration policy where employees waive their right to class or collection action, a National Labor Relations Board judge ruled Wednesday, citing the Board’s Murphy Oil ruling.

  • December 1, 2016

    Attys Lose $35K Fee After 7th Circ. Orders New Analysis

    A team of personal injury lawyers lost a $35,000 contingency fee award in the Seventh Circuit on Thursday when a panel found that a lower court judge didn’t look at the value of their services in granting the award stemming from a settlement over defective hip implants from DePuy Orthopedics.

  • December 1, 2016

    Economist Rallies To Defense Of $54B Anthem-Cigna Deal

    An economist hired by Anthem Inc. assured a D.C. federal judge Thursday that the health insurer’s $54 billion merger with Cigna Corp. would generate $2.4 billion in cost savings that will benefit customers, providing a key defense to a U.S. Department of Justice suit claiming the deal is anticompetitive.

  • December 1, 2016

    Aetna-Humana Merger Trial Will Hinge On Market Contours

    Starting Monday, Aetna and Humana will face off in court with the U.S. Department of Justice over their proposed $37 billion merger, and the crucial question of how to define the markets that could be affected by the transaction will be front and center in the fight.

  • December 1, 2016

    CareTrust REIT Pays $96M For Texas Portfolio

    California-based CareTrust REIT said Thursday it has acquired three skilled nursing facilities and one skilled nursing campus in the Dallas-Fort Worth area at a purchase price of approximately $95.9 million, including transaction costs.

  • December 1, 2016

    Illinois Lawmakers Defy Governor's Rule On Caretaker OT

    Democrats in the Illinois legislature have pushed through a law mandating that home health care workers employed by the state earn overtime pay for work in excess of 40 hours a week, defying a rule put in place earlier this year by Gov. Bruce Rauner.

  • December 1, 2016

    AHA Warns Trump Against ACA Repeal Without Replacement

    The American Hospital Association is urging President-elect Donald J. Trump not to repeal the Affordable Care Act until a replacement plan is ready for approval, warning that “significant instability” could otherwise ensue.

  • December 1, 2016

    Pa.'s Role In Merger Suit Doesn’t Warrant Fees, Hospital Says

    Penn State Hershey Medical Center urged a federal court Wednesday to reject the state of Pennsylvania’s bid for $1.2 million in legal fees stemming from its involvement in litigation against a now-enjoined hospital merger, arguing the state was only a “spectator” not deserving of fees.

  • December 1, 2016

    Fat-Freezing Licensee Says Spa Is Infringing

    Fat-freezing technology company Zeltiq Aesthetics Inc. filed suit on Thursday against Total Body Laser Skin Care LLC in Wisconsin federal court, saying the rival infringes its intellectual property.

  • November 30, 2016

    Verma Set To Expand State Medicaid Powers As CMS Head

    Donald Trump’s pick for Centers for Medicare & Medicaid Services administrator, Seema Verma, has made a name for herself pushing Medicaid policies that expand state control over eligibility and administration, a pattern that experts say is likely to continue, primarily through the use of waivers.

  • November 30, 2016

    DuPont Judge Eyeing Multi-Plaintiff Trials In Teflon Cases

    The judge overseeing a multidistrict litigation against DuPont over dumping of an allegedly cancer-causing former Teflon ingredient may begin to bundle cases for trial, a practice corporations often resist, documents revealed Wednesday.

  • November 30, 2016

    In Shift, Fla. High Court Drops Hospital Negligence Suit

    The Florida Supreme Court changed course Wednesday and dismissed a negligence suit over the death of an escaped psychiatric hospital patient after twice refusing to grant voluntary dismissal even though the parties had settled their dispute.

Expert Analysis

  • Despite Momentum, Marijuana Remains Risky Business

    John Bessonette

    Voters in eight states legalized marijuana last month and more than one-fifth of Americans now live in states with legal recreational marijuana markets. But marijuana companies still lack adequate access to capital and financial services, say attorneys with Kramer Levin Naftalis & Frankel LLP.

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.

  • SOX Win Shows Strong Need For Whistleblower Protections

    Jason Zuckerman

    In Becker v. Community Health Systems Inc., the U.S. Department of Labor recently awarded $1.9 million in damages to a Sarbanes-Oxley whistleblower in a decision that clarifies several key aspects of SOX whistleblower protection and underscores the importance of providing strong protection to corporate whistleblowers, say Jason Zuckerman and Dylan Yépez of Zuckerman Law.

  • How Law Firms Are Using Analytics To Reduce Write-Offs

    Haley Altman

    It is increasingly necessary for law firms to implement strategies to improve efficiency, staffing and value to meet client needs. Haley Altman, CEO and co-founder of Doxly Inc., discusses how to successfully leverage analytical tools and emerging technology to increase profitability.

  • Calif. Sets A High Bar For Workplace Violence Standards

    Michael T. Taylor

    The California Division of Occupational Safety and Health Administration recently adopted a first-of-its-kind standard intended to reduce workplace violence against health care workers. The standard imposes broad, unclear obligations on health care employers and, once enacted in California, is expected to spread to additional states and possibly industries, say Michael Taylor and Daniel Birnbaum of BakerHostetler.

  • In Congress: 3 Priorities

    Hertling_Richard_Covington.jpg

    Three weeks remain on the schedule for the 114th Congress and three unfinished priorities remain on the to-do list, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • REVIEW: The Missing American Jury

    Judge William Young

    Face it, the American jury system is dying. The arguments Professor Suja Thomas makes in her new book deserve consideration by everyone interested in how our government actually works and how it might recapture the unifying communitarian experience of direct democracy and actual trial by one’s peers, says U.S. District Court Judge William Young of the District of Massachusetts.

  • AARP Lawsuit Puts EEOC In An Awkward Position

    Theresa A. Kelly

    By alleging that the U.S. Equal Employment Opportunity Commission's recent regulations governing employer wellness programs violate both the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act, the AARP places the EEOC in the sticky situation of having to defend itself against allegations that it has violated two of the laws it is charged with enforcing, say Theresa Kelly and Howard Fetner of Day Pitney LLP.

  • Tenet Case Signals Shift In Health Care Fraud Enforcement

    Demme Doufekias

    Tenet Healthcare's recent $513 million settlement is an important development for health care companies because it demonstrates the impact of the U.S. Department of Justice’s expanded resources and nationwide focus on combating corporate health care fraud, say Demme Doufekias and Sandeep Nandivada of Morrison & Foerster LLP.

  • 2 Decisions Strengthen FTC's Hand In Hospital Merger Cases

    David C. Kully

    The Federal Trade Commission recently succeeded on appeal in two hospital merger challenges, in the Third and Seventh Circuits. Hospitals evaluating merging with nearby competitors should keep in mind the analytical approaches laid out in these decisions, say David Kully and Christopher Carmichael of Holland & Knight LLP.