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Health

  • July 18, 2018

    NYC To Pay $21M To End DOJ's Nurse Pensions Bias Row

    New York City has agreed to pay $20.8 million to end a U.S. Department of Justice suit alleging it made predominantly female registered nurses and midwives work years longer to earn retirement with full pensions than workers in mostly male-dominated jobs, according to a deal motion filed in New York federal court on Wednesday.

  • July 18, 2018

    Texas Catholic Group Need Not Reveal Docs, 5th Circ. Says

    The Fifth Circuit has quashed discovery of a Texas religious group’s internal documents in a suit over a proposed abortion law, ruling the trial court abused its discretion, put an undue burden on the group and could have created a chilling effect by demanding the documents.

  • July 17, 2018

    Top Gov't Contracts Cases Of 2018 So Far

    The first half of 2018 has seen a number of important legal decisions handed down for federal contractors, with important developments on issues ranging from the materiality of claims and the statute of limitations under the False Claims Act to the jurisdiction of the Court of Federal Claims and the use of Other Transaction Authority. Here, Law360 looks at some of the more prominent cases that have made an impact on government contracting law so far this year.

  • July 17, 2018

    Health Tech Co. To Pay $19M In Securities Class Action

    Quality Systems Inc. agreed to pay $19 million to settle a proposed securities class action alleging the health technology company misled investors about its projected sales and financial performance in 2011 and 2012, ending the suit Monday after five years of fighting in California federal court.

  • July 17, 2018

    Washoe Tribe Insists It's Shielded From Doc's Firing Suit

    The Washoe Tribe of Nevada and California pressed a Nevada federal court Monday to toss a suit brought by a tribe member who was the head physician at the tribe’s health center for over a decade, saying the tribe is immune from claims he was illegally fired for serving overseas in the military.

  • July 17, 2018

    States Seek To Pause ACA Subsidy Fight With Feds

    Democratic attorneys general asked a California federal judge to pause or end their lawsuit attempting to block the Trump administration from cutting billions in Affordable Care Act subsidies, noting that workarounds to the cuts are in place in many states while insisting future action may be needed.

  • July 17, 2018

    Product Liability Cases To Watch: Midyear Report

    The tsunami of litigation over the nation's deadly opioid crisis will continue to keep attorneys riveted as the parties work toward trial dates next year. And after a string of losses for patients who claim that Bayer failed to warn of its blood thinner Xarelto's bleeding risks, attorneys are looking to see if they can find a winning argument. Here are the product liability cases attorneys will be keeping an eye on for the rest of 2018.

  • July 17, 2018

    Envision Shareholder Moves To Block $9.9B Sale To KKR

    An Envision Healthcare Corp. investor filed a class action in Tennessee federal court over the weekend that seeks to block a stockholder vote on a proposed $9.9 billion sale to affiliates of investment firm KKR & Co. LP, saying company executives engaged in a faulty sales process that undervalued the company.

  • July 17, 2018

    Suit Against Insurer In Plane Crash Row Partially Revived

    A Texas appellate panel partially revived a lawsuit Kenyon International Emergency Services Inc. filed against Starr Indemnity and Liability Company on Tuesday, holding the emergency services company had shown that Starr might be on the hook in Kenyon's bid to recoup funds expended in the aftermath of a plane crash.

  • July 17, 2018

    DC Circ. Tosses Hospitals' Suit Over $1.6B Cut To 340B Pay

    The D.C. Circuit on Tuesday refused to revive a suit challenging a $1.6 billion cut to Medicare reimbursement for drugs purchased by hospitals through the 340B drug discount program, ruling that the American Hospital Association had failed to properly present its claims before taking the federal government to court.

  • July 17, 2018

    Suit Over Child's Treatment At Philly Hospital Nixed, For Now

    A Pennsylvania federal judge has dismissed a woman's suit against a Philadelphia children's hospital alleging her child was mistreated during a two-week stay, finding it is based on vague civil rights claims, alleges racketeering activity that doesn't add up and asks to represent a class when there isn't quite one there.

  • July 17, 2018

    HHS-Funded Tribal Facility Biased Against Whites, Suit Says

    Four former administrators at the Toiyabe Indian Health Project filed suit in California federal court against the Indian Health Service alleging that they were discriminated against because they are white, arguing they were subject to harassment and that some of their nonwhite replacements were less qualified.

  • July 17, 2018

    Abortion Clinic Buffer Allows Free Speech, 3rd. Circ. Told

    The city of Englewood, New Jersey, on Tuesday urged the Third Circuit to reverse a district court’s ruling that the city’s 8-foot buffer zone around an abortion clinic violates the free speech rights of protesters, arguing that the “sidewalk counselor” who sued the town is still able to converse with the clinic’s clients.

  • July 17, 2018

    Whistleblower Asks 11th Circ. To Revive $350M FCA Award

    A former nursing home company employee has urged the Eleventh Circuit to reverse a lower court decision tossing a $350 million False Claims Act verdict — among the biggest in FCA history — saying the judge wrongly concluded that the improper Medicare and Medicaid claims were immaterial.

  • July 17, 2018

    Ex-Drug Exec Gets 15 Years For $50M Pill Distribution Plot

    The former president of a pharmaceutical distribution company has received 15 years in federal prison for his part in a $50 million mail fraud scheme that saw his company purchasing drugs from unlicensed suppliers and reselling them out of a warehouse in Nashville.

  • July 17, 2018

    Fla. Jury Awards $3M In Punitive Damages In Smoking Death

    Philip Morris and R.J. Reynolds were hit with a total of almost $3 million in punitive damages on Monday in the case of a deceased Florida woman who had smoked for decades, including at work in medical settings, bringing the total award in the case to over $5 million.

  • July 17, 2018

    LabMD Seeks DC Circ. Rehearing In Suit Against FTC Attys

    LabMD has asked the D.C. Circuit to reconsider its decision that two Federal Trade Commission attorneys were immune from the cancer-detection company's lawsuit alleging they unfairly targeted it for enforcement action, arguing the court had misunderstood the technology at the heart of the case and set a dangerous precedent for the prosecution of cyber crimes.

  • July 17, 2018

    RICO Indictment Against Ex-Insys Execs Perplexes Judge

    A Massachusetts federal judge on Tuesday appeared befuddled by the government's Racketeer Influenced and Corrupt Organizations Act indictment charging former Insys Therapeutics Inc. executives with multiple schemes to bribe doctors to prescribe the company's pricey fentanyl spray, saying the allegations are confusing and fail to establish a common link in the alleged conspiracy.

  • July 17, 2018

    11 Firms Sculpt 5 Largest PE Deals Of 2018’s 1st Half

    Eleven law firms joined forces to bring together the five largest private equity deals inked during the first six months of 2018, shaping big-ticket investments in industries like health care and fintech. Here, Law360 recaps the top private equity transactions of 2018’s first half.

  • July 16, 2018

    Diabetes Monitoring Co. Hits Ch. 11, Seeks Sale To Creditor

    A Utah-based company that provides patient monitoring services to diabetics filed for bankruptcy Sunday in Delaware with plans to reduce a $36 million debt load and sell its business to supplier and creditor BioTelemetry, saying a transaction must take place right away.

Expert Analysis

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extroverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • AmEx Ruling May Have Big Impact On Health Insurance

    David Garcia

    There are a number of ongoing antitrust cases involving health insurance networks that may be susceptible to the type of two-sided market analysis described by the U.S. Supreme Court last month in Ohio v. American Express, say David Garcia and Nadezhda Nikonova of Sheppard Mullin Richter & Hampton LLP.

  • How Health Insurance Affects Minimum Wage In Nevada

    Rick Roskelley

    In MDC v. Eighth Judicial District Court, the Nevada Supreme Court clarified the conditions under which Nevada employees may pay a lower tier minimum wage. However, the court also created a potentially confusing new requirement defining health insurance under the state's minimum wage amendment, say Rick Roskelley and Kathryn Blakey of Littler Mendelson PC.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Tax Implications For The California Cannabis Industry

    Shail Shah

    This article by attorneys at Reed Smith LLP outlines tax implications for the cannabis industry in California, the largest state to legalize medical and recreational adult-use cannabis, and other states where marijuana is legally sold.

  • Inside Kavanaugh's Merger Challenge Dissents

    Timothy Gray

    In the D.C. Circuit's Anthem and Whole Foods cases, U.S. Supreme Court nominee Judge Brett Kavanaugh disagreed with his colleagues’ decisions to block the contemplated mergers, suggesting an antitrust jurisprudence leery of excessive enforcement activity, say Timothy Gray and Melissa Ginsberg of Patterson Belknap Webb & Tyler LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • Digital Health Opportunities And Considerations For PE

    Excerpt from Lexis Practice Advisor
    Melesa Freerks

    As private equity investors continue to explore the new opportunities offered by digital health, certain industry characteristics have emerged, signaling the time is right for investment. But health technology has its own unique risks and is subject to significant regulations, making due diligence critical for potential investments, say attorneys with Foley & Lardner LLP.