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Health

  • September 20, 2018

    New MDL Needed For 'Opioid Babies,' Attys Say

    Attorneys for “opioid babies” whose mothers used prescription narcotics argued on Thursday for new multidistrict litigation focused on the infants, citing “grave concerns” that an existing MDL over the opioid crisis is woefully deficient.

  • September 20, 2018

    Blink-182 Drummer Sues Over Crash, Injury That Halted Gigs

    Blink-182 drummer Travis Barker filed a lawsuit Tuesday over two incidents this summer — a medical procedure and a car crash — that he says forced the band to cancel two reunion projects, a Las Vegas residency and an upcoming tour.

  • September 20, 2018

    Immigrants, Feds Face Off Over Mental Health Care Injunction

    A proposed class of immigrant parents who have been detained and separated from their children under Trump administration policy faced off with the federal government in California federal court on Thursday, debating whether an injunction can be imposed to ensure mental health care is provided to the families.

  • September 20, 2018

    Kaiser Unit Beats Part Of Ex-Worker's Bias Suit

    A Maryland federal judge on Thursday partially dismissed a bias suit alleging a Kaiser Permanente subsidiary illegally fired a worker who complained to the U.S. Equal Employment Opportunity Commission that his supervisor harassed him because of his gender.

  • September 20, 2018

    2nd Circuit Balks At Bid To Lower No-Fault Fraud Sentence

    The Second Circuit on Thursday expressed reluctance to force a federal judge in Brooklyn to rethink a prison sentence that was longer than prosecutors originally recommended for a man who admitted his role in a no-fault insurance scheme after cooperating with prosecutors to bring in his alleged co-conspirators.

  • September 20, 2018

    Data Breaches Caused No Harm, Health System Argues

    A 13-hospital health system has again urged a Wisconsin federal judge to toss a proposed class action stemming from two phishing attacks, arguing the plaintiffs haven’t raised a single example of traceable harm.

  • September 20, 2018

    'Boston Med' HIPAA Lapses Spawn $1M In Hospital Payouts

    A trio of prestigious Massachusetts hospitals will collectively pay almost $1 million to resolve allegations they flouted the Health Insurance Portability and Accountability Act by disclosing patient information during filming of the ABC documentary series “Boston Med,” federal regulators announced Thursday.

  • September 20, 2018

    Houston Pill Mill Doc, Clinic Chief Each Get 35 Years In Prison

    A Houston doctor and the owner of the pain management clinic where she worked were each sentenced to 35 years in prison by a federal judge in Texas on Thursday for their roles in running what prosecutors called the “most prolific hydrocodone pill mill in Houston.”

  • September 20, 2018

    Aetna Plan Doesn't Cover Wilderness Therapy, Court Agrees

    Aetna Life Insurance Co. prevailed on its bid for a quick win in a suit over wilderness therapy coverage on Wednesday, with a Utah federal judge deciding that a family didn’t prove that Aetna’s refusal to cover the treatment violated the Mental Health Parity and Addiction Equity Act.

  • September 20, 2018

    Lloyd's Coverage Of 'Body Broker' Cases Capped At $2M

    An Illinois federal judge on Wednesday ruled that a Lloyd’s of London underwriter has no further duty to defend a policyholder facing 10 suits over its alleged practice of cutting up and selling donated cadavers, holding that all the suits constitute a single claim and the insurer has already paid out more than the $2 million per-claim limit.

  • September 20, 2018

    6th Circ. Says Contractor Must Face Nursing Home Death Suit

    The Sixth Circuit on Thursday partially revived a suit brought by a nursing home claiming a contractor should be on the hook for a $3.65 million settlement the home paid to the family of a patient who died, saying the deal precludes only one of two claims.

  • September 20, 2018

    Wis. Can't Bar Sex-Reassignment Coverage For State Workers

    A Wisconsin federal judge has found that the state's decision to exclude gender reassignment-related procedures from state employees' health insurance coverage flouts federal law, handing a win to two transgender women who brought the case.

  • September 20, 2018

    Real Estate Rumors: Paramount, Ladder, Welltower

    Paramount Group could get as much as $160 million with the sale of a New York office and retail property, Ladder Capital is said to have loaned $137 million for a New York Holiday Inn, and real estate investment trust Welltower has reportedly sold a Florida nursing home for $15.4 million.

  • September 20, 2018

    Dallas Hospital Gets Staffing Co. Race Bias Suit Trimmed

    A federal judge in Texas has trimmed a race discrimination lawsuit brought by staffing agency White Glove Staffing Inc. against Methodist Hospitals of Dallas, finding that three of the African-American employees alleging discrimination failed to show they were “similarly situated” to the lead plaintiff.

  • September 20, 2018

    Nursing Home Takes Death Suit To Texas Justices

    A Texas nursing home is taking its fight over a man’s death to the state Supreme Court, saying Thursday that the suit has moved forward only because an appeals court allowed the late patient’s daughter to use an impermissibly flawed expert report.

  • September 20, 2018

    Opioid Bill Lacks Funding To Make Lasting Impact

    A bill passed by the Senate this week to address the national opioid crisis proposes worthwhile initiatives such as packaging and shipping restrictions on certain drugs, but experts say billions of dollars more in federal funding is needed to stem the epidemic.

  • September 20, 2018

    Del. Justices Uphold Duty Waiver In $43M LLC Sale

    Citing a fatal lack of specifics, Delaware’s Supreme Court declined Thursday to overturn the dismissal of a suit alleging unfair dealing in the $43 million sale of a limited liability company serving disabled children, despite facts “arguably” supporting impropriety claims.

  • September 19, 2018

    Award Slashed By $1M In Delta HIV Bias Suit

    A Nevada federal judge on Wednesday slashed a jury’s award for an ex-Delta Air Lines Inc. employee with HIV who alleged that the company failed to accommodate his medical condition and wrongfully fired him over it, reducing the $1.3 million award to meet the Americans with Disabilities Act’s $300,000 statutory limit.

  • September 19, 2018

    Trustee Objects To Debt Forgiveness In ActiveCare's Ch. 11

    The Office of the U.S. Trustee objected Wednesday to roughly $4.1 million in debt forgiveness being included in ActiveCare Inc.’s proposed Chapter 11 sale to stalking horse bidder Telcare Inc., calling it an improper setoff.

  • September 19, 2018

    UnitedHealthcare Can't Take Back Cephalon Antitrust Deal

    A Pennsylvania federal judge has found that UnitedHealthcare Services Inc. is bound by a $125 million antitrust settlement its outside counsel reached with Cephalon Inc., as the insurer had given every indication that its lawyers were in the clear to sign on its behalf and in-house counsel actively chose not to read or challenge the final agreement.

Expert Analysis

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • 2 Important Takeaways From 7th Circ.'s FHA Ruling

    Jeffrey Rosenberg

    In Wetzel v. Glen St. Andrew, the Seventh Circuit recently held that landlords can be held liable under the Fair Housing Act if they are aware of discriminatory harassment toward their tenants and do nothing to stop it. Just as importantly, the court recognized that the FHA prohibits discrimination based on sexual orientation, say attorneys at the Law Office of Yuriy Moshes PC.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Congressional Forecast: September

    Layth Elhassani

    The House and Senate are entering their respective final runs before the November midterm elections. The most pressing items of business are funding the government and the pending Senate confirmation of Brett Kavanaugh to the U.S. Supreme Court. But several lower-profile issues remain as well — including a Republican push for further tax reform, says Layth Elhassani of Covington & Burling LLP.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • Lessons From 5th Circ. Mother-Son Health Care Fraud Case

    Mario Nguyen

    While a lack of intent is a common defense to the prosecution of high-level health care administrators, the Fifth Circuit's decision affirming the convictions of psychologist Rodney Hesson and his mother, Gertrude Parker, shows that there is more than one backdoor for the government to meet its burden, says Mario Nguyen of Locke Lord LLP.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • DOJ Is Getting Creative, And Aggressive, On Opioids

    Michael Blume

    Last month, the U.S. Department of Justice obtained court orders barring two Ohio doctors from selling controlled substances. The statutory provisions it used are broadly worded, and if past is prologue, the DOJ could be getting ready to demand big changes from any entity that is a part of the opioid supply chain, say Michael Blume and Todd Halpern of Venable LLP.