Health

  • October 23, 2024

    5th Circ. Upholds Workers' Win In Health Co. Wage Suit

    A group of workers for an at-home healthcare company are employees, not independent contractors, a Fifth Circuit panel ruled, affirming a Louisiana federal court decision in three consolidated cases claiming the company cheated workers out of overtime.

  • October 23, 2024

    Atlanta VA Doctor Abused Power And Patients, Jury Told

    Federal prosecutors told a Georgia federal jury Wednesday that in the coming days, they'll hear from "four women who served their country," who placed their trust and care into the hands of a longtime physician with the U.S. Department of Veterans Affairs and in return were sexually assaulted by him.

  • October 22, 2024

    Texas Firm 'Tortured' Barratry Case, Appeals Court Hears

    A Texas law firm accused of ambulance chasing told a state appeals court that the opposition had "tortured" the case, saying during oral arguments Tuesday that Bandas Law Firm PC pursued the case merely as an extortion racket.

  • October 22, 2024

    Suit Over Wash. Ban On 'DIY' Rape Evidence Kits Nixed

    A Washington federal judge has tossed a challenge to a state ban on the sale of "DIY" DNA collection kits to sexual assault survivors, rejecting a kit developer's arguments that the ban infringes on its First Amendment rights.

  • October 22, 2024

    CDC Links E. Coli Outbreak To McDonald's Quarter Pounders

    The U.S. Centers for Disease Control and Prevention issued an alert Tuesday saying E. coli has been detected in McDonald's Corp.'s Quarter Pounder hamburgers, infecting nearly 50 people and killing one so far.

  • October 22, 2024

    Fla. Says 1st Amendment Doesn't Protect 'False' Abortion Ad

    The Florida Department of Health said Tuesday that a campaign ad promoting an abortion rights ballot initiative is not protected by the First Amendment because it is an "out-and-out falsehood" that causes harm by misleading residents about the availability of emergency medical services in the state.

  • October 22, 2024

    Pharma Co. Verrica Faces Derivative Suit Over FDA Inspection

    Current and former officers and directors of dermatological medication maker Verrica Pharmaceuticals Inc. face a shareholder derivative action alleging the company concealed a "litany of issues" with a manufacturer's facility that ultimately delayed U.S. Food and Drug Administration approval for a skin treatment.

  • October 22, 2024

    Ark. Supreme Court Voids Nov. Effort To Expand Medical Pot

    The Arkansas Supreme Court has determined that voters will not get to decide November 5 whether to expand the state's medical marijuana program via a ballot initiative after finding that the title and summary of the proposed constitutional amendment were misleading.

  • October 22, 2024

    Patent Office Finds Public Engagement Leader

    The U.S. Patent and Trademark Office has tapped a former U.S. Small Business Administration program specialist to head the patent office's recently created section meant to bolster its outreach and communication efforts.

  • October 22, 2024

    Judge Skeptical Amgen Can't Sue Over Colo. Drug Price Caps

    A Colorado federal judge on Tuesday seemed to doubt the state could short-circuit drugmaker Amgen's challenge to the state's drug price cap system, pressing the state to explain why limiting what consumers ultimately pay does not affect what companies like Amgen can charge.

  • October 22, 2024

    LA-Based Wound Group Hits Ch. 11 After Medicare Pay Pause

    A Los Angeles-based multistate wound care practice has filed for Chapter 11 protection in a Texas bankruptcy court, saying it can't pay nearly $156 million in charges from its management company after its Medicare payments were suspended last month.

  • October 22, 2024

    Talkiatry CEO On How Digital Healthcare Has 'Matured'

    Digital health has come a long way in recent years, but it's still got plenty of growing up to do. That's according to Robert Krayn, co-founder and CEO of virtual psychiatry platform Talkiatry.

  • October 22, 2024

    Baker Donelson Picks Up Carlton Fields Health Ace In Florida

    Baker Donelson Bearman Caldwell & Berkowitz PC announced Tuesday that it had brought a former Carlton Fields PA healthcare attorney to its practice in Fort Lauderdale, Florida, enabling the firm to deepen its health law bench with a lawyer who has private practice and in-house experience.

  • October 22, 2024

    NJ Justices Create Mass Tort Track For Bard Catheter Suits

    The New Jersey Supreme Court has established a multicounty litigation track for cases seeking to hold C.R. Bard Inc., Bard Access Systems Inc. and Becton Dickinson and Co. liable for injuries allegedly caused by Bard implanted port catheter products, according to a notice to the bar.

  • October 22, 2024

    How Law Firms Get And Keep Elite Status

    For decades, a handful of New York-based law firms thoroughly dominated the national consciousness when it came to power, profitability and prestige. But in today's legal market, increased movement of partners and clients from one firm to the next has begun to shake things up and create opportunities for go-getters to ascend the ranks.

  • October 22, 2024

    The 2024 Prestige Leaders

    Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades and positive legal news media representation.

  • October 22, 2024

    Ex-Ga. Insurance Commissioner Gives Up Law License

    Georgia's justices accepted John Oxendine's voluntary surrender of his law license on Tuesday, months after the former state insurance commissioner was sentenced to prison for his role in a multimillion-dollar medical testing kickback scheme.

  • October 21, 2024

    Apple Tells Del. Jury It Wants Smartwatch Infringing To Stop

    An Apple attorney told a federal jury in Delaware on Monday that the company is willing to accept only a token damage award from Masimo Corp. for the health tech company's infringement of Apple's smartwatch, but wants the alleged copying barred.

  • October 21, 2024

    9th Circ. Judge Slams 'Reprehensible' Policy In Jail Death

    A Ninth Circuit judge on Monday blasted a healthcare contractor's policy that denied hospital treatment for a woman in a Washington jail who died from a ruptured intestine, but nevertheless questioned if a $24 million punitive damage jury award was excessive.

  • October 21, 2024

    NC Justices Revive Challenge To Hospital Competition Law

    The North Carolina Supreme Court has ordered a trial court to reassess an optical surgeon's suit challenging the state's healthcare competition law over claims that the certificate of need statute violates the constitution by blocking him from using his own operating room.

  • October 21, 2024

    PBMs Keep Door Open To Constitutional Riposte Against FTC

    Attorneys for Caremark Rx, Express Scripts and OptumRx kept the door open Monday to challenging the Federal Trade Commission's constitutionality as they face an in-house case accusing the country's three largest pharmacy benefit managers of artificially inflating insulin prices by relying on unfair rebate schemes.

  • October 21, 2024

    Google, Meta Want Out Of GoodRx Health Data Sharing Suit

    Google, Meta Platforms and Criteo have asked a California federal court to cut them loose from litigation alleging that GoodRx improperly shared patients' protected health information with the tech companies, saying the claims are "fundamentally flawed."

  • October 21, 2024

    GOP Pols Want Probe Into FDA Laboratory Safety

    Three Republican lawmakers on Friday sought information from the U.S. Food and Drug Administration about its oversight of its laboratory safety practices, following a long investigation over an incident about vials of smallpox virus and other hazards found on a National Institutes of Health campus.

  • October 21, 2024

    Weight Loss Clinic Denied Quick Relief In TM Suit

    A North Carolina hospital and healthcare provider don't have to stop using the trademarks targeted in a weight loss clinic's infringement suit, a federal judge ruled Monday, finding that the clinic will not suffer significant consequences absent the immediate relief.

  • October 21, 2024

    Blue Cross Escapes Mental Health Coverage Denial Suit

    A Pennsylvania federal judge tossed a patient's suit that claimed Independence Blue Cross violated federal benefits law when it declined to cover his stay at a residential facility, ruling the insurance company adequately backed up its decision that the treatment wasn't imperative to his health.

Expert Analysis

  • Vertex Suit Highlights Issues For Pharma Fertility Support

    Author Photo

    Vertex Pharmaceuticals' recent lawsuit challenging the U.S. Department of Health and Human Services' interpretation of the Anti-Kickback Statute is influenced by a number of reproductive rights and health equity issues that the Office of Inspector General should address more concretely, including in vitro fertilization and fertility preservation programs, says Mary Kohler at Kohler Health Law.

  • Opinion

    CMS' New 'Breakthrough' Device Policy Shows Little Promise

    Author Photo

    The Centers for Medicare & Medicaid Services’ recent procedural notice outlining a new Medicare coverage pathway for breakthrough medical devices will, at best, be a failed experiment and, at worst, result in Medicare beneficiaries denied access to innovative treatments, say attorneys at King & Spalding.

  • Assessing Algorithmic Versus Generative AI Pricing Tools

    Author Photo

    A comparison of traditional algorithmic pricing models and those powered by generative artificial intelligence can help regulators and practitioners weigh the pros and cons of relying on large language models to price products or services, say Maxime Cohen at McGill University, and Tim Spittle and Jimmy Royer at Analysis Group.

  • SBA Proposal Materially Alters Contractor Recertification

    Author Photo

    The Small Business Administration's new proposed rule on recertification affects eligibility for set-aside contracts, significantly alters the landscape for mergers and acquisitions in the government contracts industry, and could have other unintended downstream consequences, says Sam Finnerty at PilieroMazza.

  • A Preview Of AI Priorities Under The Next President

    Author Photo

    For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.

  • How Companies Are Approaching Insider Trading Policies

    Author Photo

    An analysis of insider trading policies recently disclosed by 49 S&P 500 companies under a new U.S. Securities and Exchange Commission rule reveals that while specific provisions vary from company to company, certain common themes are emerging, say attorneys at Gibson Dunn.

  • 11 Patent Cases To Watch At Fed. Circ. And High Court

    Author Photo

    As we head into fall, there are 11 patent cases to monitor, touching on a range of issues that could affect patent strategy, such as biotech innovation, administrative rulemaking and patent eligibility, say Edward Lanquist and Wesley Barbee at Baker Donelson.

  • Managing Community Health Needs Assessments: A Checklist

    Excerpt from Practical Guidance
    Author Photo

    To guide nonprofit hospitals and health systems through their required community health needs assessment every three years, this checklist outlines the steps for 12 phases of the process.

  • How Methods Are Evolving In Textualist Interpretations

    Author Photo

    Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.

  • 7th Circ. Rulings Offer Employee Vaccine Exemption Guidance

    Author Photo

    Dawn Solowey and Samantha Brooks at Seyfarth explain how two recent Seventh Circuit rulings in Passarella v. Aspirus and Bube v. Aspirus could affect litigation involving employee vaccine exemptions, and discuss employer best practices for handling accommodation requests that include both religious and secular concerns.

  • Pa. Health Employers Must Prep For Noncompete Restrictions

    Author Photo

    Newly enacted legislation in Pennsylvania prohibits certain noncompete covenants for healthcare practitioners in the state beginning next year, creating compliance challenges that both employers and employees should be aware of, say attorneys at Buchanan Ingersoll.

  • Opinion

    Congress Must Do More To Bolster ERISA Protections

    Author Photo

    As the Employee Retirement Income Security Act turns 50 this month, we applaud Congress for championing a statute that protects worker and retiree rights, but further action is needed to ban arbitration clauses in plan provisions and codify regulations imperiled by the U.S. Supreme Court’s Chevron ruling, say Michelle Yau and Eleanor Frisch at Cohen Milstein.

  • FTC Focus: What Access To Patent Settlements Would Mean

    Author Photo

    Settling parties should adopt a series of practice tips, including specifying rationales to support specific terms, as the Federal Trade Commission seeks to expand its access to settlements before the Patent Trial and Appeal Board, say Shannon McGowan and David Munkittrick at Proskauer.

  • Why Attorneys Should Consider Community Leadership Roles

    Author Photo

    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • Opinion

    Agencies Should Reward Corporate Cyber Victim Cooperation

    Author Photo

    The increased regulatory scrutiny on corporate victims of cyberattacks — exemplified by the U.S. Securities and Exchange Commission's case against SolarWinds — should be replaced with a new model that provides adequate incentives for companies to come forward proactively and collaborate with law enforcement, say attorneys at McDermott.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Health archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!