Health

  • October 05, 2022

    Biotech Asks Albright To Triple LabCorp IP Damages To $817M

    A small biotech business that won a $272 million verdict last month against LabCorp on Wednesday asked U.S. District Court Judge Alan Albright to triple the damages the jury awarded over its finding that LabCorp willfully infringed a patent covering a genetic disorder testing method, saying it deserves $817 million instead.

  • October 05, 2022

    Opioid MDL's Verdict Watchdog Deserves DQ, Pharmacies Say

    The watchdog overseeing implementation of a verdict against CVS Pharmacy, Walgreens and Walmart in multidistrict opioid litigation has a conflict of interest because he's already a special master tasked with impartial dispute resolution in the MDL, the drugstore chains said on Wednesday.

  • October 05, 2022

    Ga. Justices Look To 1700s In Punitive Damages Cap Row

    Centuries-old jury awards may prove pivotal in deciding whether the estate of a girl who alleged she was sexually abused at an Atlanta-area behavioral health clinic can keep the $50 million in punitive damages that were awarded by a jury in her case, attorneys for the girl's estate told the Georgia Supreme Court on Wednesday.

  • October 05, 2022

    Proposed Drug Discounts Have Fraud Risks, Watchdog Says

    A health care nonprofit's proposed use of drugmaker funds to help Medicare beneficiaries afford pricey medications would hike drug costs for taxpayers and warrant sanctions under the Anti-Kickback Statute, a U.S. Department of Health and Human Services watchdog warned Wednesday.

  • October 05, 2022

    What Ch. 11 May Mean For Juul As It Fights To Stay On Market

    Embattled Juul's consideration of Chapter 11 reorganization comes as challenges mount for the e-cigarette giant on multiple legal and regulatory fronts.

  • October 05, 2022

    Patients Urge Fla. Court To Review New Zantac Cancer Study

    Several patients suing GlaxoSmithKline in multidistrict litigation over its Zantac heartburn medication have filed an expedited motion urging a judge to consider a new study that may show a connection between four types of cancer and the drug's main ingredient.

  • October 05, 2022

    FDA Rule Will Wreck Small E-Cig Cos., Suit Says

    A group of companies that make liquids used in e-cigarettes has sued the U.S. Food and Drug Administration over a marketing and recordkeeping rule the companies say is overly difficult and would limit what they can market.

  • October 05, 2022

    Jeweler Asks 5th Circ. To Revive Virus Coverage Suit

    A New Orleans jeweler asked the Fifth Circuit to consider reviving its COVID-19 pandemic business interruption suit against Axis Surplus Insurance Co., arguing that the court was wrong to ignore a landmark Louisiana appellate court decision in favor of its own precedent.

  • October 05, 2022

    Subscribers Look To Combine 11th Circ. BCBS Deal Appeals

    The Eleventh Circuit should consolidate and expedite four overlapping appeals filed by a small subgroup of subscribers challenging an Alabama federal court's approval of a $2.67 billion class award settlement in multidistrict litigation against Blue Cross Blue Shield insurers, a group of pro-settlement subscribers told the court Wednesday.

  • October 05, 2022

    Pa. Judge Lets FedEx Move $532M PPE Delivery Suit To Tenn.

    FedEx Corp. won its bid to relocate a personal protective equipment supplier's $532 million contract spat over allegedly unpaid invoices after a Pennsylvania federal judge ruled Tuesday that the location of key witnesses merits transferring the suit to FedEx's home state of Tennessee.

  • October 05, 2022

    Dem Reps. Press Biden To Embrace WTO Vaccine IP Waiver

    Four Democratic lawmakers have urged President Joe Biden to publicly support countries using a World Trade Organization agreement temporarily waiving certain intellectual property rights for COVID-19 vaccines, saying the administration should back expanding the agreement to include therapeutics and diagnostics.

  • October 05, 2022

    Whistleblower Seeks Sanctions Against Kindred For Delay

    A whistleblower who alleged Kindred Healthcare falsified certifications on tens of thousands of claim forms submitted to Medicare and Medicaid asked a federal judge on Tuesday to reimburse him for a $30,000 discovery delay.

  • October 05, 2022

    Challenges To HHS Surprise Billing Rule Consolidated

    A Texas federal judge has decided to combine two lawsuits challenging a surprise medical billing rule relating to an arbitration system for handling payment fights between out-of-network providers and health insurers.

  • October 05, 2022

    Developers Tied To Pfizer COVID Vaccine Want IP Suit Tossed

    Two developers of the mRNA delivery system used in Pfizer and BioNTech's COVID-19 vaccine have urged a New York federal judge to toss a suit from Acuitas Therapeutics Inc. seeking a declaration that the sale of Pfizer's COVID-19 Comirnaty vaccine does not infringe nine of the developers' patents.

  • October 05, 2022

    Group Wants To Warn FTC Over 'Fix' For Illumina's Grail Deal

    The American Antitrust Institute and a former antitrust official have asked to weigh in on a proposed fix floated by Illumina to resolve competition issues raised in the Federal Trade Commission's challenge to the $8 billion reacquisition of cancer testing outfit Grail Inc.

  • October 05, 2022

    Paxton Can't Outrun Abortion Subpoena After All, Judge Says

    Texas Attorney General Ken Paxton will have to testify in an abortion suit, a Texas federal judge has found after reconsidering an earlier ruling, saying he won't allow the Lone Star State's top enforcer to continue to flip-flop on whether his prosecutorial threats are genuine or hypothetical.

  • October 05, 2022

    Nelson Mullins Expands To Philly With Product Liability Trio

    Nelson Mullins Riley & Scarborough LLP has made its first footprint in Pennsylvania with this week's addition of three Philadelphia-area attorneys to the firm's liability practice.

  • October 05, 2022

    J&J Unit Wins Halt To NM, Miss. Talc Suits

    The New Jersey judge overseeing the bankruptcy of Johnson & Johnson's talc unit ruled Tuesday that the company's Chapter 11 stay should also pause talc claims brought by state governments against the nonbankrupt Johnson & Johnson.

  • October 05, 2022

    Mental Health Service Says Rival Is Using Identical Trademark

    Hopscotch Corp., a mental health care service for children and teens, said a similarly named health care organization is causing confusion among consumers, employment candidates and other businesses in their trade, according to a trademark infringement complaint filed in Illinois federal court.

  • October 05, 2022

    Insurer Wants Surgery Center's Liability Policy Rescinded

    A Berkshire Hathaway insurance company asked a California federal court to grant it an early win in its suit seeking to rescind a surgery center's professional liability policy over application misrepresentations, saying the center failed to disclose that one of its doctors lost his license and was named in 30 lawsuits.

  • October 04, 2022

    Jury Rejects Claim UMiami Fired Exec To Bury Fraud Probe

    A Florida federal jury on Tuesday rejected a former University of Miami compliance officer's claims that he was terminated for his refusal to shut down an investigation into the school's practice of overcharging Medicare.

  • October 04, 2022

    Inside A Boutique's $900M FCA Deal, Its Latest Milestone Case

    A $900 million settlement of doctor-bribing allegations against Biogen shattered False Claims Act records and gave a boutique Boston firm its second history-making lawsuit under the FCA. The lead counsel for whistleblowers in each case spoke with Law360 about how the resolution could change the pharmaceutical industry's kickback culture, how his earlier suit improved drugmaker conduct, and how he built two of the FCA's seminal cases.

  • October 04, 2022

    Ill. Judge Holds Sanction Bid Over Express Scripts' Doc Dump

    An Illinois federal judge on Tuesday shelved a city's bid to sanction Express Scripts for its late discovery of relevant evidence for antitrust litigation targeting Mallinckrodt's anti-seizure drug Acthar, but she called the development "unsettling" and gave the company until Monday to produce the evidence.

  • October 04, 2022

    Cherokees, Walmart Settle Opioid Fight Amid 10th Circ. Appeal

    The Cherokee Nation and Walmart have agreed to settle the tribe's suit over the retailer's alleged role in the opioid crisis, according to a notice filed Monday in Oklahoma state court.

  • October 04, 2022

    Fla. Doctor Pleads Guilty To Charge In $681M Fraud Scheme

    A Palm Beach County, Florida, doctor pled guilty Tuesday to operating a $681 million scheme to bill for fraudulent tests and treatments for vulnerable patients seeking treatment for drug and alcohol addiction.

Expert Analysis

  • Why DOJ's UnitedHealth Merger Loss Is Significant

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    The U.S. Department of Justice recently lost its bid to block the UnitedHealth-Change Healthcare merger, marking the government's latest failure to prove a vertical theory of competitive harm and demonstrating the possibilities of fix-it-first strategies and private equity funds as divestiture buyers, say attorneys at Paul Weiss.

  • Limiting The Scope Of Representation Is Critical For Lawyers

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    A Mississippi federal court's recent decision in Kee v. Howard L. Nations PC highlights the importance of well-written engagement letters, and shows why it is vital for attorneys to specify exactly which services they intend to supply, says Ronald Levine at Herrick Feinstein.

  • Opinion

    Bill Undermines ERISA By Voiding Plan Discretionary Clauses

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    If the Employee and Retiree Access to Justice Act recently introduced in Congress is signed into law, discretionary clauses in employee welfare benefits plans will be unenforceable — which contradicts the Employee Retirement Income Security Act’s purpose of deterring onerous administrative costs and litigation expenses, say Matthew Kolodoski and Harrison Yoss at Thompson Coe.

  • No-Poach Plea Hiccups Point To DOJ's Unsound Theory

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    After a series of setbacks, the U.S. Department of Justice could soon obtain its first no-poach conviction, but complications in a recent change-of-plea hearing demonstrate that the government’s problems may continue as long as it incorrectly insists that labor cases are the same as any other antitrust conspiracy, say Mark Butscha and Matthew Ridings at Thompson Hine.

  • Attys Shouldn't Assume Judicial Critique Is Protected Speech

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    As it becomes more commonplace to see criticism of the judiciary in the media, licensed attorneys are well advised to remember that they may have less freedom than nonlawyers to make protected speech critical of the judiciary, says Mark Hinderks at Stinson.

  • How Cos. Can Adapt To Global AI Regulation Trends

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    Companies can prepare for the future of artificial intelligence regulation by monitoring proposed and existing regulations both in the U.S. and abroad, tailoring their internal compliance architecture for AI-specific risks, and looking for opportunities to lead on governance issues, says Nicholas Diamond at Jackson Walker.

  • 4 Strategies For Drafting Effective Consumer Breach Notices

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    Businesses should consider key strategies when drafting consumer breach notification letters, such as knowing their audience and what is on their mind, and prioritizing user-friendliness and tone, say attorneys at Troutman Pepper.

  • Series

    Keys To A 9-0 High Court Win: Practicality Over Perfection

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    When I argued for the petitioner in Wooden v. U.S. last year, I discovered that preparation is key, but so is the right kind of preparation — in giving decisive answers to the U.S. Supreme Court justices' hypothetical questions I was not aiming for perfection, just the best response available, says Allon Kedem at Arnold & Porter.

  • What New Bar Exam Means For Law Students And Schools

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    Stephanie Acosta at UWorld discusses how law students and law schools can start preparing now for the new bar exam launching in 2026, which is expected to emphasize real-world lawyering skills-based tasks over rote memorization.

  • State COVID Insurance Rulings Highlight Errors In Dismissals

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    Recent California and Vermont decisions in favor of policyholders, along with a $48 million jury verdict in Texas, underscore the error that courts are making by dismissing COVID-19 business interruption lawsuits at the pleading stage without consideration of the facts and evidence in each case, say Joseph Niczky and Michael Levine at Hunton.

  • Apple's New Messaging Features Will Complicate E-Discovery

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    Apple's newest mobile operating system allows users to edit and recall messages and recover deleted messages, which could significantly increase the time, burden and expense of processing and analyzing cellphones if messages or their associated metadata become an area of scrutiny in a case, says Jarrett Coco at Nelson Mullins.

  • Recent Cases Guide On Use Of Experts In Employment Trials

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    Experts can help judges and juries understand a range of issues in employment litigation, from statistical data to damages, and recent cases involving admissibility challenges provide lessons for the careful selection of experts to meet Daubert standards, say Kathleen Anderson and John Maley at Barnes & Thornburg.

  • Law Firm Inclusion Efforts Often Overlook Business Staff

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    Law firms committed to a culture of universal inclusion can take steps to foster a sense of belonging in their business services teams, says Jennifer Johnson at Calibrate Consulting.

  • How Contractors Can Avoid Cybersecurity FCA Violations

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    Recent U.S. Department of Justice settlements and remarks underscore heightened focus on cybersecurity liability under the False Claims Act, so government contractors should consider compliance measures such as conducting periodic risk assessments, being responsive to employee concerns, and more, say attorneys at WilmerHale.

  • Considerations For Interstate Travel For Abortion Post-Dobbs

    Excerpt from Practical Guidance
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    Due to the patchwork of state laws regarding the legality of abortion following the U.S. Supreme Court's Dobbs v. Jackson Women's Health Organization decision, it's important to consider the state of current and potential laws about traveling for abortion services, say Virginia Bell Flynn and Tina Safi Felahi at Troutman Pepper.

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