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Health

  • August 14, 2018

    Time Expired On Defective Zimmer Hip Implant Claim: Judge

    Saying he was aware of the "harsh nature of this outcome," a Pennsylvania federal court judge on Tuesday reluctantly dismissed a woman's claim that she was injured by a Zimmer prosthetic hip, finding the suit missed the statute of limitations.

  • August 14, 2018

    Privilege Bars Divorce Files In Death Case, Pa. Panel Told

    A hospital fighting claims from the widow of a man who died after receiving allegedly negligent treatment should not be allowed access to privileged material from divorce proceedings the couple were litigating in the run-up to the husband’s death, a Pennsylvania appeals court heard during oral arguments Tuesday.

  • August 14, 2018

    ERISA Industry Group Looks To Block Seattle Benefits Rule

    The ERISA Industry Committee, which represents large benefits plan sponsors, filed a suit Tuesday seeking to halt a newly minted section of Seattle Municipal Code governing hotel employee health benefits, arguing the statute is preempted by the federal Employee Retirement Income Security Act.

  • August 14, 2018

    Mass. Top Court Clears Hospital In Ex-Patient Stabbing Suit

    Massachusetts' top appellate court on Tuesday ruled that a Bay State hospital didn't have a duty of care after a man released from an involuntary civil commitment fatally stabbed his neighbor 22 days after one of the hospitals doctors said the man "no longer posed a likelihood of serious harm."

  • August 14, 2018

    Health Center Settles Claims Over Navy Member's Job Rights

    A Phoenix-based health center dedicated to providing medical services to urban Native Americans, Alaska Natives and others has agreed to a settlement with the U.S. Department of Justice over claims that it violated the Uniformed Services Employment and Reemployment Rights Act when it declined to renew a U.S. Navy Reserves doctor's contract.

  • August 14, 2018

    Drug Kickback Suit Against Eli Lilly Dismissed For Now

    A Texas federal judge on Friday gave Eli Lilly and Co. and four health care companies a reprieve from a whistleblower lawsuit alleging they conspired to offer kickbacks to boost prescriptions of insulin and osteoporosis drugs, finding that a health care research organization's allegations were too vague but leaving the door open for the group to try again.

  • August 13, 2018

    David Boies On How Dyslexia Shaped His Practice

    One of the country’s highest-profile litigators, the Boies Schiller Flexner LLP chairman was diagnosed with dyslexia when he was in his 30s. In an interview with Law360, he talks about practicing law with the learning disability. This article is part of our special report on disability inclusion in the legal industry.

  • August 13, 2018

    Relator Dismissed From GE Healthcare False Claims Act Suit

    A Florida federal judge decided it was the “end of the line” Monday for a former GE Healthcare employee in his False Claims Act suit claiming the company used false records to sell improperly made drugs, refusing to extend the deadline to find a new attorney but leaving the door open for government-led claims.

  • August 13, 2018

    BigLaw’s Mental Health Stigma Shows Signs Of Fading

    Sometimes viewed as an “invisible” disability, mental illness has long been forced under wraps because of the risk attorneys could face bias and stigma. Here’s how lawyers, law firms and other groups are starting to take on the status quo. This article is part of our special report on disability inclusion in the legal industry.

  • August 13, 2018

    States Push Back Against Dismissal Bids In Opioid MDL

    Dozens of states slammed a bid by drugmakers and distributor McKesson Corp. to dismiss claims that they fueled the opioid crisis, telling an Ohio federal judge who is overseeing the opioid multidistrict litigation that a state's ability to protect the health of its citizens must not be restricted.

  • August 13, 2018

    ActiveCare Gets Nods On DIP Financing, Auction Plans

    A Delaware bankruptcy judge agreed to approve ActiveCare Inc.’s post-petition financing and plans for a $3.75 million stalking horse sale Monday after hours of negotiations to address unsecured creditors’ and the U.S. Trustee’s Office’s concerns the process was moving too quickly.

  • August 13, 2018

    VC Firm Shorted Ex-LLC Member's Cash-Out, Chancery Says

    Pointing to ambiguities in a venture capital firm’s charter and a Delaware business law’s distaste for “forfeiture,” a vice chancellor on Monday ordered the company to rework a terminated member’s cash-out, potentially increasing it by millions of dollars.

  • August 13, 2018

    Opioid MDL Bellwether Trial Postponed 6 Months

    An Ohio federal judge on Monday delayed the first bellwether trial in multidistrict litigation over the opioid epidemic by nearly six months to September 2019, the latest sign that dreams of quickly resolving the epic legal battle may not be realized.

  • August 13, 2018

    Hospice Urges High Court To Avoid FCA Pleading Dispute

    A Florida-based hospice chain Monday pressed the U.S. Supreme Court to avoid wading into a long-simmering dispute over how precisely False Claims Act suits must be pled, asserting that a circuit split on the issue has mostly evaporated.

  • August 13, 2018

    Mass. Health Agency Owner Sentenced For Medicaid Fraud

    The owner of a Boston-based home health agency has been sentenced to two to three years in state prison after a jury convicted her of stealing millions from the state’s Medicaid program, according to an announcement Monday by state Attorney General Maura Healey.

  • August 13, 2018

    Fed. Circ. Wrong On HIV Drug Patent Challenge, Justices Hear

    A health care group told the U.S. Supreme Court it was improperly barred by the Federal Circuit from challenging a patent for an HIV drug because it had not filed an Abbreviated New Drug Application for a generic version of the drug, according to a petition for certiorari related to its request for declaratory judgment ruling the patents are invalid.

  • August 13, 2018

    Insurers Fight Asbestos Firm's Quick Win Bid In Payback Row

    Three health insurers have urged a federal judge in Texas to reject a bid from national asbestos law firm Shrader & Associates LLP to toss the insurers' lawsuit alleging the firm failed to pay their due out of settlement funds, saying the firm was wrong to assert they lack standing to bring the suit.

  • August 13, 2018

    GYNs Sue Cynosure Over 'Vaginal Rejuvenation' Laser

    A Rhode Island gynecological practice on Monday filed a putative class action suit in Massachusetts federal court against cosmetic laser maker Cynosure, which the practice claims has been deceptively marketing a laser system for use as a vaginal rejuvenator.

  • August 13, 2018

    Warner Media Wants Out Of Benefits Suit Over HIV/AIDS Meds

    Warner Media LLC urged a California federal judge to toss a suit over a program that requires HIV/AIDS patients to get their specialty medication only at a CVS pharmacy or by mail order, arguing that the patients couldn’t sue for a benefit — the choice of pharmacy — that was not provided in the company's health plan.

  • August 13, 2018

    Kirkland, Weil Guide $1.74B PE-Backed Hospital Services Deal

    Private equity-backed Universal Hospital Services announced Monday that the provider of health care equipment and services will be sold to Federal Street Acquisition Corp. and rebranded under the name Agiliti in a roughly $1.74 billion transaction guided by Kirkland & Ellis LLP and Weil Gotshal & Manges LLP.

Expert Analysis

  • Distributors Expose Health, Life Sci Cos. To FCPA Risks

    Mimi Yang

    All companies operating abroad should be aware of potential liability under the Foreign Corrupt Practices Act and other anti-corruption laws, but health care and life sciences companies are at greater risk due to the nature of their products and their reliance on third-party distributors in international markets, say attorneys at Ropes & Gray LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Awaiting Clarity On Fluctuating Workweek In Pa.

    Jeffrey Cadle

    Now that the Pennsylvania Supreme Court has allowed the state Superior Court's decision in Chevalier v. General Nutrition Centers to be appealed, it is possible that the fluctuating workweek method — an alternative for employers to calculate overtime pay for salaried employees — could be explicitly adopted in the state, says Jeffrey Cadle of Obermayer Rebmann Maxwell & Hippel LLP.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • 4 Tips For Addressing Electronic Health Record Claims

    David Brown

    According to recent data from Diederich Healthcare, medical malpractice verdicts and settlements — including claims related specifically to the electronic health record — have been on the rise since 2013. Lawyers representing medical providers must be up to date on the ins and outs of the EHR and its implications in a litigation setting, say David Brown Jr. and Emily Slay Walters of Watkins & Eager PLLC.

  • Fortuity Rules May Incite Coverage Row Over Opioid Lawsuits

    Monica Sullivan

    Recent cases like Miami-Luken v. Navigators emphasize that losses must be accidental and fortuitous to be covered by insurance. Since most opioid lawsuits allege that defendants knowingly caused harm, companion insurance coverage suits will continue to raise issues such as prior knowledge and known loss, say Monica Sullivan and Jodi Green of Nicolaides Fink Thorpe Michaelides Sullivan LLP.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.