Health

  • June 27, 2017

    Ill. Medicaid Classes Say State Should Pay $586M A Month

    A group of Illinois Medicaid recipients asked a federal judge on Monday to order the struggling state to pay nearly $600 million a month into the program until it resolves its budget impasse, saying talks with the state over the bill backlog had broken down.

  • June 27, 2017

    ACA Repeal Vote Delayed As Support Ebbs

    Republican leaders on Tuesday canceled plans to vote this week on legislation to dismantle much of the Affordable Care Act, bowing to diminished support after a damaging government report on the bill's impact.

  • June 27, 2017

    Express Scripts Defends Privilege Log In Antitrust Suit

    Express Scripts Inc. urged a Missouri federal judge Monday to reject HM Compounding Services LLC’s request that it waive privilege for 6,500 documents in an antitrust suit alleging the pharmacy benefit manager pushed compounding pharmacies out of the market.

  • June 26, 2017

    J&J Battles Talc Cancer Expert Before First Calif. Trial

    Johnson & Johnson on Monday grilled a toxicology expert who has repeatedly testified for women alleging the company’s talcum powder products caused ovarian cancer, questioning whether her expert report for the first talc trial in California misinterpreted information from studies she never read.

  • June 26, 2017

    Harsh Words For Shkreli From Jurors As Selection Begins

    Jury selection began on Monday in the securities fraud trial of former Retrophin Inc. and Turing Pharmaceuticals boss Martin Shkreli, with roughly 20 potential jurors being excused for cause due to their opinions of the controversial pharma executive, who one juror called, “the most hated man in America.”

  • June 26, 2017

    DQ Bid Over Judge Wife’s Social Media 'A Zero,' Judge Says

    A California federal judge's wife’s online thumbs-up on Facebook posts and a “pinkified” profile don’t warrant his removal from a suit seeking to block anti-abortion activists' hidden-camera videos of abortion provider meetings, according to a Monday order.

  • June 26, 2017

    The Supreme Court Term By The Numbers

    Despite a contentious confirmation hearing for Justice Neil Gorsuch, the U.S. Supreme Court term itself was mellow this year, with more unanimous cases and fewer controversial decisions. Still, there were a handful of business rulings that packed a punch.

  • June 26, 2017

    The Firms That Won Big At The Supreme Court

    One firm went undefeated at the U.S. Supreme Court this term. Another built on last year’s winning streak. And some high court powerhouses took their lumps. Here, Law360 breaks down how the firms most frequently seen at oral arguments performed this term.

  • June 26, 2017

    IP Cases Led The Pack In High Court Amicus Briefs

    Intellectual property cases took four of the top 10 spots on Law360's ranking of the U.S. Supreme Court cases that attracted the most amicus briefs this term, as disputes involving issues like patent exhaustion and offensive trademarks each generated dozens of amicus filings.

  • June 26, 2017

    Texas High Court To Hear UT Health Science Defamation Row

    The Texas Supreme Court on Friday agreed to hear a dispute between the University of Texas Health Science Center at Houston and a doctor who alleges his appointment to a residency program was rescinded after four other doctors made defamatory statements about him.

  • June 26, 2017

    Psychologist Seeks Toss Of $550M Social Security Fraud Case

    A clinical psychologist asked a Kentucky federal judge Friday to throw out a jury’s finding that he defrauded Social Security of at least $550 million in disability benefits, saying the government hasn’t shown he had the intent to co-conspire with the other two defendants.

  • June 26, 2017

    Diagnostic Labs Pay $13.45M To End Medicare Fraud Suit

    Diagnostic testing facilities agreed Monday to pay $13.45 million to settle a qui tam suit brought by a whistleblower alleging the companies violated the False Claims Act by persuading physicians to bill Medicare for cardiac monitoring services that were more expensive than medically necessary.

  • June 26, 2017

    Justices Clear Same-Sex Parents To Be On Birth Certificates

    Since Arkansas law requires a mother’s male spouse to be named on her child’s birth certificate, even if he’s not the biological father, the state must also allow same-sex partners to be listed on those documents, the U.S. Supreme Court ruled Monday.

  • June 26, 2017

    Pharmacist Gets 9 Years In Deadly Meningitis Outbreak

    A New England Compounding Center pharmacist convicted of racketeering for his role in a deadly meningitis outbreak in 2012 will serve nine years in prison, a Massachusetts federal judge ruled Monday.

  • June 26, 2017

    ACA Repeal Means 22M More Uninsured, CBO Says

    The U.S. Senate’s legislation to dismantle much of the Affordable Care Act would leave an extra 22 million Americans without health insurance over the next decade, the Congressional Budget Office estimated Monday.

  • June 26, 2017

    Roche Defends Suit Over Alleged $89M Test Strip Scheme

    Medical testing supplier Roche Diagnostics Corp. on Friday urged an Indiana federal court not to dismiss its claims of a conspiracy that caused $89 million in lost profits by diverting sales of diabetes testing strips, saying the alleged conspirators “fail to mount a serious challenge” to its claims.

  • June 26, 2017

    UK Won't Probe IBA-Mallinckrodt Deal Under Revised Rules

    The U.K.’s competition authority on Monday said that it won’t conduct an in-depth investigation of radiopharmaceuticals products maker IBA Molecular’s $690 million purchase of Irish drugmaker Mallinckrodt PLC’s nuclear imaging business, after finding the market too small under newly adopted rules.

  • June 26, 2017

    Ex-La. Assistant AG Not Discriminated Against, 5th Circ. Says

    In a published decision Friday, the Fifth Circuit upheld a decision to throw out a former Louisiana assistant attorney general’s suit claiming that the office discriminated against her after she required accommodations due to complications from a kidney transplant, ruling that the attorney was not entitled to work from home long-term.

  • June 26, 2017

    Justices To Hear Baker's Fight Over Gay Couple's Cake

    The U.S. Supreme Court on Monday said it will decide whether a Christian baker’s refusal to make a cake for a same-sex couple’s wedding violates Colorado’s anti-discrimination law or is protected under the First Amendment.

  • June 23, 2017

    Free Clinic Immune From Med Mal Suit, Ill. Court Says

    An Illinois free clinic and two of its staff members are immune from liability in a medical malpractice suit alleging a patient suffered a massive heart attack as a result of negligence on behalf of the doctor, nurse and clinic as a whole, an Illinois appellate court ruled Thursday.

Expert Analysis

  • Opinion

    Why Whole Woman’s Health Still Matters 1 Year Later

    Nancy Northup

    One year ago the U.S. Supreme Court’s decision in Whole Woman’s Health v. Hellerstedt decisively rejected the widespread anti-choice tactic of restricting women’s reproductive rights with sham legislation. A new lawsuit recently filed in Louisiana reveals exactly why that ruling is the most important decision on abortion rights in a generation, says Nancy Northup, president and CEO of the Center for Reproductive Rights.

  • An Interview With Floyd Abrams

    Randy Maniloff

    It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.

  • Why Actuarial Equivalence Matters For Medicare Advantage

    Ursula Taylor

    The requirement of actuarial equivalence presents interesting implications for Medicare Advantage organizations, the Centers for Medicare and Medicaid Services and other stakeholders keen on ensuring the fairness and equity of the Medicare Advantage payment process, given the propensity for error in identifying and reporting diagnosis coding, says Ursula Taylor of Butler Rubin Saltarelli & Boyd LLP.

  • Monthly Column

    Gray Matters: We Feel, We Decide

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    Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.

  • Provider Concerns When Recommending Medical Marijuana

    Michaela Poizner

    When it comes to medical marijuana, health care providers are in an awkward — but not impossible — spot. In many cases, state and federal laws governing medical marijuana are in direct conflict, leaving providers who want to encourage their patients to use marijuana on shaky legal ground, says Michaela Poizner of Baker Donelson.

  • Ambiguous Regulation May Not Preclude FCA Liability

    Michael Prendergast

    The recent Lincare opinion gives notice that, at least in the Eleventh Circuit, regulation ambiguity alone will not provide an impenetrable shield against False Claims Act liability for contractors, say Michael Prendergast and Jerome Hoffman of Holland & Knight LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • 7th Circ. Hospital Ruling Provides Exclusive-Dealing Lessons

    Steven Cernak

    Antitrust courts will take a close look at a series of exclusive agreements entered into by a company with an arguably high market share. However, as shown by the district court and Seventh Circuit decisions in the recent Illinois hospitals case, the evaluation will look beyond the words in the agreement to analyze their effect, if any, on competition and the competitive process, says Steven Cernak of Schiff Hardin LLP.

  • How The FCA Is Weeding Out Medicare And Medicaid Fraud

    Sarah Coyne

    If Medicare and Medicaid managed care is a garden, then false claims are the weeds. Accordingly, the government is ratcheting up its enforcement efforts in the managed care arena (the garden) using the False Claims Act (the weed killer). One particularly illustrative example is the recent settlement agreement reached in Miller v. CareCore National, say Sarah Coyne and Jon Kammerzelt of Quarles & Brady LLP.