• March 19, 2018

    Mass. Court Ruling Eases Way For Brand Drug Label Claims

    The Massachusetts high court’s ruling that Merck & Co. and other name-brand drugmakers can be liable under state law for mislabeled generics as long as consumers claim that a company acted recklessly in not updating the drug’s label opens up a new path for consumers to bring claims against brand manufacturers in the state.

  • March 19, 2018

    Co. Did Not Warn Of Mesh Product Risks, NJ Jury Told

    Counsel for a woman suing C.R. Bard Inc. over pelvic mesh products told a New Jersey state jury Monday that the business knew the devices were unsafe and failed to warn doctors about potential risks, but a company attorney countered that they were safe and that adequate warnings had been provided.

  • March 19, 2018

    Chiropractors, Attys Say Geico Fraud Claims Lack Specifics

    Florida-based chiropractic network Path Medical LLC, a pair of law firms and several other parties on Friday filed a flurry of motions to dismiss Geico’s $15 million suit over allegedly fraudulent insurance claims, contending the company had not backed up its claims with specifics.

  • March 19, 2018

    UnitedHealth Unit Can't Trim FCA Suit Over Inpatient Billing

    A Pennsylvania federal judge on Monday refused to dial back a False Claims Act case accusing a UnitedHealth Group Inc. unit of facilitating excessive hospital billing, saying the allegations pass muster under the U.S. Supreme Court’s Escobar standard.

  • March 19, 2018

    Trump Unveils 4-Point Plan For Easing Opioid Crisis

    President Donald Trump unveiled a four-part plan Monday for curbing the opioid crisis with a wide-ranging mix of policies, including tougher criminal enforcement, stricter border security, expanded addiction treatment and a nationwide educational campaign.

  • March 19, 2018

    Constellation Healthcare Files For Voluntary Chapter 11

    Constellation Healthcare Technologies Inc. on Friday filed for bankruptcy in New York with plans to quickly sell off most of its business units and restructure $160 million in debt, as the medical accounting conglomerate struggles with the fallout of a “large, complex and brazen fraud” allegedly perpetrated by its former CEO.

  • March 19, 2018

    Philly Cardiologist Settles Federal Stent Fraud Allegations

    A former University of Pennsylvania Health System cardiologist will pay the federal government approximately $125,000 to resolve accusations that he improperly submitted Medicare claims for unnecessary cardiac stent procedures, prosecutors announced Monday, 14 months after UPHS reached its own settlement.

  • March 19, 2018

    High Court Won't Hear Two Consumer Protection Suits

    The U.S. Supreme Court declined Monday to take up two matters with implications for consumers, rejecting requests to review a pair of decisions, one reviving litigation accusing a law firm of pursuing a debt-collection action in the wrong venue and the other upholding the denial of class certification in a junk-fax suit.

  • March 19, 2018

    Doc Can Opine In Diet Pill Death Suit, NJ Appeals Court Says

    The New Jersey Appellate Division on Monday revived a widower’s lawsuit over his wife’s fatal heart attack from diet drugs after finding that a doctor barred by a lower court as an expert witness was still qualified to render an opinion, despite not specializing in weight loss treatment.

  • March 19, 2018

    Health-Focused PE Firm Scores $450M For New Fund

    Massachusetts-based private equity shop Ampersand Capital Partners on Monday said its latest fund notched $450 million in commitments as it looks to continue making investments in growing health care-sector companies.

  • March 19, 2018

    High Court Won't Review FCA First-To-File Case

    The U.S. Supreme Court on Monday declined to take up a False Claims Act case alleging the government was sold aircraft parts that were falsely certified to meet contractual requirements, tossed under the FCA’s first-to-file bar after two purported relators attempted to substitute themselves for the original relator.

  • March 19, 2018

    NJ Man Indicted In $1M Medicare DNA Testing Scheme

    A New Jersey man was indicted Friday on allegations that he and others used a fake nonprofit to dupe hundreds of low-income senior citizens into unnecessary DNA testing in a scheme to bump their sales commissions as representatives for the genetic testing labs that prosecutors said defrauded Medicare of more than $1 million.

  • March 19, 2018

    Western Pa. Cities Latest To Strike At Opioid Manufacturers

    Three western Pennsylvania municipalities are joining the flood of litigation against opioid manufacturers, crossing the state Friday to file a class action in Philadelphia that accuses Purdue Pharma LP, Johnson & Johnson and others of deceptive marketing.

  • March 19, 2018

    Law360's 2018 Health Editorial Advisory Board

    Law360 is pleased to announce the formation of its 2018 Health editorial advisory board.

  • March 16, 2018

    Private Equity FCA Suit More Likely Outlier Than Omen

    The U.S. Department of Justice’s unusual decision to name a private equity firm as a defendant in a False Claims Act suit against one of the firm’s portfolio companies is an issue all private equity firms should be aware of, although the alleged circumstances of the case may mean similar complaints will be few and far between, attorneys say.

  • March 16, 2018

    Ex-PharMerica Exec Shakes Trade Secrets Suit

    A Pennsylvania federal judge threw out a lawsuit Friday against an ex-PharMerica Corp. executive after finding that the pharmacy services company failed to allege she took advantage of any specific trade secrets or proprietary information when she launched a rival business.

  • March 16, 2018

    Pharma Cos. Liable For Generic Labels, Mass. Top Court Says

    Name-brand drugmakers can be held liable for mislabeled generic equivalents under state law in Massachusetts, home of the nation’s largest bio-pharmaceutical hub, the commonwealth’s top court ruled on Friday in a loss for Merck & Co. and the industry groups watching.

  • March 16, 2018

    Hospital Seeks Data On Worker Fired After Skipping Flu Shot

    A Western Massachusetts hospital asked a federal judge Friday to let it inspect the health records of a former employee suing the facility after she was fired for refusing to get a flu shot on religious grounds.

  • March 16, 2018

    Drug Cos. Say Cherokee Opioid Suit Must Stay In Fed. Court

    McKesson Corp. and other drug distributors and retail pharmacies urged an Oklahoma federal judge Thursday to reject the Cherokee Nation’s bid to take its suit over the companies' alleged role in the opioid epidemic back to state court, saying McKesson’s distribution of opioids under a federal contract means the case must stay in federal court.

  • March 16, 2018

    NY Docs Got Lap Dances, Booze From Insys, DOJ Says

    Five New York doctors prescribed a potent painkiller sold by Insys Therapeutics Inc. in exchange for money and lavish kickbacks, including lap dances and liquor that two of the doctors accepted, the U.S. Department of Justice said in a felony indictment unsealed Friday.

Expert Analysis

  • Pitfalls To Avoid When Selecting Document Review Attorneys

    Barry Schwartz

    In the Anthem data breach settlement, U.S. District Judge Lucy Koh criticized, and will most likely strike down, contract attorney fees in the $300 to $400 an hour range. That doesn’t mean everyone should stop using contract attorneys, but it does show that there are multiple things to consider before employing a contract review team, says Barry Schwartz of BIA.

  • NJ Employers Should Note Evolving Cannabis Laws

    Ruth Rauls

    While no new laws have been finalized yet, the stars may be aligning in New Jersey for significant changes to how it deals with cannabis. For employers, this means more employees using marijuana, medical or recreational, in the near future, says Ruth Rauls of Saul Ewing Arnstein & Lehr LLP.

  • Changes To Rule 23 Are Coming, Are You Prepared?

    Niki Mendoza

    Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.

  • How To Negotiate Wireless Infrastructure Agreements

    Walt Sapronov

    When negotiating shared wireless infrastructure contracts in large venues, sponsors should pay close attention to technology specifications, upgrades and interference protection, say Walt Sapronov and Kenneth Klatt of Sapronov and Associates PC.

  • Personal Jurisdiction In 3rd Circ. After 'Shuker'

    David Currie

    While much of the Third Circuit's recent opinion in Shuker v. Smith & Nephew is devoted to federal preemption of certain state law claims, the consequences of the court's treatment of personal jurisdiction may reach even further, says David Currie of Vinson & Elkins LLP.

  • Key Statistical Issues In Eye Doc Fraud Sentencing

    Jennifer Dowdell Armstrong

    The reasonableness of an extrapolated loss calculation was a significant sentencing issue in U.S. v. Melgen last month in the Southern District of Florida. The court found flaws in both the government's and defendant’s analyses, and then calculated its own loss figures, say Jennifer Dowdell Armstrong of McDonald Hopkins LLC and Chris Haney of Forensus Group LLC.

  • What To Expect From DOJ Shift In Marijuana Enforcement

    Gerald Sachs

    Under the U.S. Department of Justice's new marijuana enforcement strategy, the DOJ is unlikely to begin prosecuting marijuana growers and distributors who are operating in compliance with state law. The DOJ will likely prosecute the most egregious violators of state law, say Gerald Sachs and Evan Shea of Venable LLP.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • FCA Materiality May Return To High Court

    J. Alex Ward

    Recent cases demonstrate that, despite the U.S. Supreme Court’s ruling in Escobar, False Claims Act materiality questions remain and continue to be litigated. Gilead filed a petition for certiorari a few months ago, and it is a key case to watch, say attorneys with Morrison & Foerster LLP.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.