Health

May 01, 2024
Ariz. AG Warns Repeal Of 1864 Abortion Ban May Be Too Late

Legislation narrowly adopted Wednesday to repeal Arizona's 1864 abortion law won't be enough on its own to keep the near-total ban from taking effect this summer, the state attorney general warned, because the bill lacks an emergency clause.
May 01, 2024
Senate Dems Reintroduce Bill To Tax And Regulate Cannabis

Senate Democrats on Wednesday reintroduced a cannabis legalization bill that would remove the drug entirely from the ambit of the Controlled Substances Act and impose a tax-and-regulate scheme akin to what is currently in place for alcohol and tobacco.
May 01, 2024
Senior Living Company Resolves Asylee Hiring Bias Claims

A senior living facility operator has agreed to settle allegations that it unlawfully discriminated against a worker in the U.S. on asylum by demanding that the worker present specific documents to prove that she could work, the U.S. Department of Justice announced Tuesday.
May 01, 2024
3rd Circ. Flags Bayer's Knowledge Of Tainted Fungal Spray

A proposed class of consumers who bought tainted Bayer antifungal sprays said they should have standing to sue because they didn't get the "benefit of the bargain" — and a Third Circuit panel questioned Wednesday if Bayer's separate suit blaming a supplier made the consumers' case for them.
May 01, 2024
Del. Justices Reverse Toss Of $7.3B Inovalon Deal Challenge

Delaware's top court on Wednesday reversed a Chancery Court dismissal of stockholder challenges to the $7.3 billion go-private sale of Inovalon Holdings Inc. to Nordic Capital, saying that the lower court wrongly concluded that minority investors were adequately informed about the deal and special committee conflicts of interest.
May 01, 2024
J&J Unit Cuts Deal To End Cancer Drug Trade Secret Fight

A New Jersey federal judge has signed off on a consent judgment that permanently bars Chinese drugmaker Jiangsu Hengrui Pharmaceuticals Co. from misappropriating Johnson and Johnson's pharmaceutical subsidiary Janssen's trade secrets for its popular chemotherapy drug Yondelis.
May 01, 2024
5th Circ. Judge Skeptical Of Medicare Drug 'Price-Setting'

A Fifth Circuit judge on Wednesday sharply criticized the Biden administration's Medicare drug pricing program, characterizing it as government "price-setting" and questioning "what possible procompetitive justification" there can be for penalizing companies that don't participate.
May 01, 2024
Holland & Knight Hires Ex-Choate Healthcare Chair In Boston

Concentrating her practice more on representing healthcare providers spurred the former co-chair of Choate Hall & Stewart LLP's healthcare group to move her practice to Holland & Knight LLP's Boston office.
May 01, 2024
Feds Say Conn. Psychologist's Fraud Was His 'Way Of Life'

A Connecticut psychologist who pled guilty to defrauding his state's Medicaid program of $1.6 million in January should spend three years and one month in prison for a scheme that was "a way of life" rather than a momentary lapse in judgment, the government said in a sentencing memorandum.
April 30, 2024
Judge Strikes Parts Of NC Law Restricting Abortion Drug

A North Carolina federal judge struck down parts of a state law Tuesday that restricts access to the abortion medication mifepristone, finding some provisions violate the U.S. Constitution's supremacy clause by enacting safety regulations already considered by the U.S. Food and Drug Administration, such as requiring in-person prescribing, dispensing and scheduling around the drug.
April 30, 2024
Chase Can't Escape Medical Services Co.'s Defamation Suit

A Florida federal judge refused Monday to toss a suit by a medical services company accusing JPMorgan Chase Bank NA of destroying its business by adding it to a "blacklist," canceling its transactions and falsely telling its business partners that sanctions typically applied to violators of international laws or human rights statutes caused the cancellations.
April 30, 2024
Aetna Resists State Court Remand In Provider Payment Suit

A lawsuit alleging Aetna units have underpaid emergency healthcare workers' benefit claims should be heard in an Ohio federal court, the insurer said in opposing a remand to the state level, based in part on the argument that two of the corporate defendants don't belong in the case.
April 30, 2024
Texas Doctor Can't Get Expert Report Tossed In Suicide Suit

A Texas appeals court on Tuesday refused to dismiss a mother's suit alleging a doctor and medical center failed to properly treat her son's depression, saying the expert report is sufficient in laying out how the doctor's alleged negligence led to the son's suicide.
April 30, 2024
Pfizer Can't Slip COVID-19 Vax Suit, Texas Tells Court

The Texas attorney general told a federal judge not to let Pfizer Inc. out of its suit accusing the pharmaceutical company of misleading the public about its COVID-19 vaccine, arguing the suit was properly pled under state law in a brief filed Monday.
April 30, 2024
Drug Company Can't Escape Texas Counties' Opioid MDL

A Texas appeals court on Tuesday declined to cut loose a New Jersey-based pharmaceutical manufacturer from Texas multidistrict litigation over opioid addiction in the state, finding that the counties of Dallas and Bexar have demonstrated that it's made deliberate moves toward the Texas market.
April 30, 2024
Judge Tosses LTL's Suit Over Article Linking Talc To Cancer

A New Jersey federal judge on Tuesday tossed a suit from the bankrupt talc unit of Johnson & Johnson accusing three doctors of damaging its business through a medical journal article it claimed was backed by "junk science," ruling that the doctors having served as expert witnesses in the Garden State is not enough to show that the court has jurisdiction over its claims.
April 30, 2024
$626M Fee Award In BCBS Deal Is Unjust, High Court Told

A member of the class that settled multidistrict litigation with Blue Cross Blue Shield for $2.67 billion over anti-competitive practices has asked the U.S. Supreme Court to take up his challenge to the $626 million attorney fees award in the settlement, arguing the Eleventh Circuit's approval of the award runs counter to high court precedent.
April 30, 2024
Patients Sue NC Plasma Donation Co. Over Data Breach

A plasma collection company has been hit in North Carolina federal court with at least two proposed class actions as of Monday claiming it failed to safeguard patient data, resulting in a breach in which names, Social Security numbers, addresses and treatment information were allegedly exposed by hackers.
April 30, 2024
6th Circ. Weighs Merits, Procedure In NLRB Severance Case

The Sixth Circuit grappled Tuesday with a hospital's challenge to the National Labor Relations Board's ruling that it unlawfully offered severance agreements that muzzled workers, with one judge questioning how the agreements interfered with workers' rights and another whether the hospital was even entitled to oppose the new standard.
April 30, 2024
Georgia EMS Co. Rife With Harassment And Abuse, Suit Says

An Atlanta-based EMS provider was hit with a lawsuit by a former paramedic who says in under one year with the company, she faced a workplace rife with sexual harassment, domestic abuse, medical malpractice, retaliation and white supremacist affiliations.
April 30, 2024
Gov't Contracts Of The Month: Moon Rover, Doomsday Planes

In April, the U.S. vowed to make a Japanese astronaut the first non-U.S. citizen to step on the moon in exchange for Japan and Toyota's habitable lunar rover and advanced a $13.1 billion effort for new Doomsday planes designed to withstand nuclear warfare. Here, Law360 looks at some of the most noteworthy government contracts over the last month.
April 30, 2024
Hospital Says IP Spat Shouldn't Delay Children's Center Build

A Michigan hospital system has asked a judge to deny an attempt to block construction of a children's rehabilitation hospital, saying it did not copy its former architect's design and has made significant design pivots since terminating the firm's contract.
April 30, 2024
Feds Endorse Easing Marijuana Status In Big Policy Shift

Federal drug enforcers will recommend loosening restrictions on cannabis for the first time since the drug was made federally illegal decades ago, the U.S. Department of Justice announced Tuesday.
April 30, 2024
FTC Says Novant Wants Court To Ignore Local Competition

Novant Health can't ask a federal judge to ignore evidence that buying two North Carolina hospitals will stymie competition in the region just because those facilities are supposedly struggling and the proposed deal might shore up resources, the Federal Trade Commission said in a brief doubling down on its bid to block the $320 million buyout.
April 30, 2024
Don't Miss It: McDermott, Paul Weiss Lead Month's Hot Deals

A lot can happen in the world of mergers and acquisitions over the course of a month. Here, Law360 recaps the deals you may have missed, including transactions helmed by McDermott and Paul Weiss.

Expert Analysis

4 PR Pointers When Your Case Is In The News

Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
Digging Into The Debate On FDA's Proposed Lab Test Rule

A proposed 10-word amendment from the U.S. Food and Drug Administration represents a sea change in device regulation as it would summarily end decades of FDA enforcement discretion for laboratory developed tests, and the public comments offer some insight into the future of this long-running saga, say attorneys at Mintz.
Opinion

What Insurers Gain When Litigating Coverage Denials

Lately, insurance companies have denied coverage for lawsuits alleging liability relating to the ordinary operations of highly regulated businesses, such as those in the pharmaceutical and energy sectors — demonstrating time and again how litigation can be a vehicle for carriers to mitigate their own costs, say attorneys at Reed Smith.
Law Firm Strategies For Successfully Navigating 2024 Trends

Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
10 Privacy Compliance Areas To Focus On In 2024

The fast pace of change in the cybersecurity realm means reactive approaches to new laws, regulations and enforcement actions are not effective ways to build or scale privacy programs, so companies should plan strategically and prepare for a few emerging risks and requirements in the first half of this year, says Sam Castic at Hintze Law.
AI In Health Law: The Top Guest Articles Of 2023

As the use of artificial intelligence accelerated this year, Expert Analysis writers examined AI's significant impact on the healthcare sector, ranging from key compliance considerations for companies utilizing AI tools to regulators' efforts to keep up with rapidly evolving technologies.
The Most-Read Legal Industry Law360 Guest Articles Of 2023

A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
Inside Higher Education's New FCA Liability Challenges

As the educational sector expands its use of government funding, schools are at increased risk under the False Claims Act, but recent settlements offer valuable lessons about new theories of liability they may face and specific procedures to reduce their exposure, say James Zelenay and Jeremy Ochsenbein at Gibson Dunn.
AI Executive Order's Life Science, Healthcare Industry Effects

The recent White House executive order to manage risks associated with artificial intelligence includes provisions specific to healthcare and life sciences that merit special attention, including transparency, human oversight of AI output, and real world performance monitoring, say attorneys at Ropes & Gray.
5 Most Notable Class Action Standing Cases Of 2023

Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.
HHS Advisory Highlights Free Product Inducement Risks

A recent U.S. Department of Health and Human Services advisory opinion highlights concerns that valuable free products and other inducements may influence patients and providers to choose one manufacturer’s product over another, notwithstanding that such free healthcare products may be a benefit, say attorneys at Morgan Lewis.
How SEC And NY Cyber Reporting Rules Affect Key Industries

The new U.S. Securities and Exchange Commission and New York State Department of Financial Services cybersecurity disclosure requirements, and their competing obligations, reveal the increasing complexity for organizations evaluating and reacting to cybersecurity incidents — particularly those in the healthcare and financial services industries, say attorneys at Manatt.
Trends Shaping The 2024 Consumer Packaged Goods Industry

The better-for-you segment within the consumer packaged goods industry is poised for a significant evolution in 2024, and industry players must remain agile and adaptive through M&A activities, legal considerations, sustainability initiatives and changing technology, says Christopher Cain at Foley & Lardner.
NY Wrongful Death Law Revamp Retains Original's Drawbacks

If approved by New York Gov. Kathy Hochul, the Grieving Families Act will transform the landscape of wrongful death law in New York by increasing the potential for damages, raising insurance premiums, burdening hospitals and courts, stifling the economy and subjecting parties to the unsettling effects of retroactive legislation, say attorneys at Shaub Ahmuty.
Attorneys' Busiest Times Can Be Business Opportunities

Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.