Health

  • October 27, 2020

    High Court To Mull Taking Up Abortion Case This Week

    The U.S. Supreme Court said Monday it will consider during conference on Friday whether it will review a closely watched abortion case that could open the door for the court's solidified conservative majority to weigh in on Roe v. Wade.  

  • October 27, 2020

    Feds Tell DC Circ. Court Can't Review Shawnee Virus Funding

    The U.S. Department of the Treasury urged the D.C. Circuit to affirm a lower court's finding that the Shawnee Tribe of Oklahoma is not owed a larger share of federal virus relief funds, doubling down on its stance that agency funding allocations are not reviewable.

  • October 27, 2020

    Judge Wants New Bellwether List In Cook Vein Filter MDL

    The Indiana federal judge overseeing multidistrict litigation over alleged defects in Cook Medical Inc.'s vein filters has asked the company and the plaintiffs' steering committee to narrow down a list of possible bellwether cases, after the three previous bellwethers ended before trial.

  • October 27, 2020

    Princess Cruise Passengers Fight Bid To Ditch COVID-19 Suit

    A proposed class of Princess Cruise Lines passengers have urged a California federal judge to reject parent company Carnival's bid to dismiss their allegations that the cruise companies allowed passengers aboard a ship while knowing people on a previous voyage had COVID-19 symptoms.

  • October 27, 2020

    Insurers Paying Over 3 Times More For Anesthesia, GAO Says

    The Government Accountability Office said in a report Monday that private insurers are paying over three times more than Medicare for anesthesia services, likely due to anesthesia providers' stronger negotiating position propelled by market factors.

  • October 26, 2020

    Feds Back Virus Funds For Alaska Native Cos. At High Court

    Treasury Secretary Steven Mnuchin has asked the U.S. Supreme Court to reverse an appeals court ruling that Alaska Native corporations can't claim part of $8 billion for tribal governments to fight the COVID-19 pandemic, saying the lower court misread language meant to include ANCs in the funding.

  • October 26, 2020

    AIG Sues McKesson Over Opioid Litigation Coverage

    AIG on Friday hit drug distributor McKesson with a suit in California federal court, saying that it shouldn't be responsible for covering settlements in the opioid litigation because the drug distributor has repeatedly failed to provide the insurer with information about the lawsuits.

  • October 26, 2020

    11th Circ. Vacates Tax Sentences Over $63M CDC Office Build

    The Eleventh Circuit on Monday vacated and remanded the eight-year prison sentences of the owners of a Georgia construction company who falsified payroll forms to dodge taxes on a $63 million office build for the Centers for Disease Control and Prevention, saying there was no evidence of resulting loss.

  • October 26, 2020

    Divided Senate Confirms Barrett To Supreme Court

    Judge Amy Coney Barrett is set to join the U.S. Supreme Court after winning Senate confirmation in a deeply partisan vote Monday, cementing the high court's conservative majority with a sixth Republican appointee.

  • October 26, 2020

    Judge Questions FTC's Clout In Philly Hospital Merger Suit

    A Pennsylvania federal judge pressed Federal Trade Commission attorneys on Monday to explain why the government's market analysis should get court deference in an antitrust action seeking to block a $599 million merger of two Philadelphia-area hospital systems, pending a commission ruling.

  • October 26, 2020

    Insurance Buyers Score Small Win In $489M Sutter Health Suit

    Health insurance buyers have convinced a California federal court to grant them an incremental win in their $489 million suit accusing hospital chain Sutter Health of costing them money by forcing insurance companies to contract with all of its facilities in order to work with any specific one.

  • October 26, 2020

    Teva, Cooper Slam Bid To Send IUD Defect Suits To Calif. MDL

    Teva Pharmaceuticals and the Cooper Companies Inc. are urging the Judicial Panel on Multidistrict Litigation to toss out a bid to consolidate suits over alleged defects in the ParaGard IUD and send them to an MDL in California federal court, saying discovery in each of the cases would be far too individualized for an MDL to provide any efficiency or cost savings.

  • October 26, 2020

    Feds Float Drop Of Preterm Birth Drug Approval, Women Say

    A group of women challenging AMAG Inc.'s marketing and sale of a drug advertised as reducing the chance of preterm births has told a New Jersey federal court that a U.S. Food and Drug Administration division has proposed to withdraw market approval of the drug. 

  • October 26, 2020

    1st Circ. Backs 4-Year Sentence Of Insys Opioid 'Drug Pusher'

    The First Circuit has upheld the conviction of a New Hampshire physician assistant found guilty of accepting kickbacks from Insys in exchange for prescribing the company's synthetic opioid Subsys as part of Insys' massive kickback scheme.

  • October 26, 2020

    Ex-Southwest Worker Urges Court Not To Ground COBRA Suit

    A former Southwest Airlines worker has urged a Florida federal court not to toss her proposed class action accusing the airline of failing to properly notify departing workers about their right to continuing health benefits.

  • October 26, 2020

    Consumers Can't Add Execs To $150M Insurance Scam Suit

    A Florida federal judge ruled Monday that consumers cannot add three current and former executives as defendants in an amended class action complaint alleging Florida health carrier Health Insurance Innovations Inc. engaged in a $150 million scam to get them to buy shoddy insurance policies.

  • October 23, 2020

    DaVita Inks $50M Deal To End Private Insurance Push Suit

    DaVita Inc. shareholders asked a Delaware federal judge Friday to approve a $50 million deal with the kidney dialysis company's executives that would end a derivative action accusing DaVita of facilitating an illicit scheme to push dialysis patients out of government-backed health insurance.

  • October 23, 2020

    9th Circ. Won't Revive Union Row Over Wash. Info Access

    A split Ninth Circuit panel has handed a victory to a Washington state in-home caregiver union, upholding a state ballot initiative that blocks public access to the providers' contact information and rejecting a conservative think tank's arguments that the law violates the First Amendment.

  • October 23, 2020

    Chevron Deference's Future In Doubt If Barrett Is Confirmed

    Judge Amy Coney Barrett's expected ascent to the U.S. Supreme Court would likely propel a conservative crusade against so-called Chevron deference to the brink of a triumph that would strengthen corporate America's hand in litigation with federal regulators.

  • October 23, 2020

    Med Mal Atty Suspended Following Federal Extortion Charge

    Baltimore medical malpractice attorney Stephen L. Snyder agreed Friday to be temporarily suspended from practicing law after he was charged by federal prosecutors with trying to extort $25 million from the University of Maryland Medical System.

  • October 23, 2020

    Lannett Drug Price-Fixing Settlement Gets Del. Judge's OK

    Lannett Company Inc. and its stockholders secured a Delaware federal court's approval late Thursday for a settlement to end a suit accusing the company of lying to investors about the pharmaceutical company's part in multi-district government price-fixing probes and litigation.

  • October 23, 2020

    ​​​​​​​Tenn. Prison Health Co. Fights Rival's Restraining Order Bid

    The company set to take over as the Tennessee Department of Corrections' prison mental health care service provider asked a federal court in Nashville to reject the current contractor's bid for a temporary restraining order, calling the move a farce.

  • October 23, 2020

    Business Groups Rally Behind J&J's $465M Opioid Appeal

    The U.S. Chamber of Commerce, a defense bar organization called the Product Liability Advisory Council and other lobbying groups have urged the Oklahoma Supreme Court to overturn a nearly half-billion-dollar judgment against Johnson & Johnson in the nation's first and only opioid-crisis trial.

  • October 23, 2020

    High-Stakes Contract Talks Spark Labor Actions In Pandemic

    With the COVID-19 crisis dragging on into its eighth month in the U.S., testy union negotiations have been devolving into strikes as workers' demands for safety and financial security crash against employers' economic anxiety.

  • October 23, 2020

    Alaska Native Cos. Ask Justices To Mull Tribal Virus Funding

    Alaska Native corporations have urged the U.S. Supreme Court to overturn a D.C. Circuit ruling that the companies can't share in $8 billion in tribal government funding to deal with the COVID-19 pandemic, saying the decision deprives Alaska Natives of aid while conflicting with the Ninth Circuit and longstanding agency treatment of the ANCs.

Expert Analysis

  • Key Gov't Tools For Addressing National PPE Shortages

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    Shortcomings in personal protective equipment supply chains remain worrisome as the COVID-19 pandemic continues into winter, but the federal government can mitigate this crisis with tools including the Defense Production Act and other financial incentives, says Sarah Rathke at Squire Patton.

  • Weighing Litigation Vs. Arbitration Amid Court Disruptions

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    Parties must determine whether arbitration is better than litigation for their disputes amid pandemic-induced court delays by answering five key questions and understanding the importance of a clearly tailored arbitration clause, say attorneys at Goodwin.

  • Overlooked Patent Cases: Scrutiny Of Damage Apportionment

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    Several recent and potentially overlooked federal district court decisions suggest that judges may be rejecting as unreliable an approach to patent damages apportionment that marshals qualitative evidence regarding an invention's perceived value, so experts should buttress apportionments with independent quantitative assessments, say attorneys at Akin Gump.

  • FLSA Evolution Reflects Employer-Friendly Shift

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    Recent U.S. Department of Labor actions and landmark federal appellate court rulings have fostered a rapid Fair Labor Standards Act transformation that is arming companies with more tools to defend worker misclassification and unpaid overtime allegations, says Hollie Reiminger at Fisher Phillips.

  • Flint Water Crisis Ruling May Signal Broader EPA Liability

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    A Michigan federal court’s recent ruling that the U.S. Environmental Protection Agency wasn't immune to negligence claims for its handling of the Flint drinking water crisis may signal a new era in government liability with increased risk to unappropriated public funds, say William Droze and Lisa Zak at Troutman Pepper.

  • Avoiding Shareholder Class Actions After FDA Drug Denials

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    Sponsoring companies can become tempting targets for shareholder plaintiffs when their experimental drugs are not approved by the U.S. Food and Drug Administration, but analysis of recent cases reveals some considerations for mitigating litigation risk, say attorneys at King & Spalding.

  • How Attys Can Guard Against Rising Settle-And-Sue Claims

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    Certain precautions can help lawyers avoid post-settlement malpractice claims and create a solid evidentiary defense, as settle-and-sue lawsuits rise amid pandemic-induced dispute settlements, say Bethany Kristovich and Jeremy Beecher at Munger Tolles.

  • Law Firm Tips For Attracting, Retaining Attys During Pandemic

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    Steps law firms can take to attract and keep the best lawyers amid the pandemic include diversifying expertise to meet anticipated legal demands, prioritizing firm culture, and preparing for prospective partners' pointed questions, says Brian Burlant at Major Lindsey.

  • Perspectives

    Finding A Path Forward To Regulate The Legal Industry

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    Gerald Knapton at Ropers Majeski analyzes U.S. and U.K. experiments to explore alternative business structures and independent oversight for law firms, which could lead to innovative approaches to increasing access to legal services.

  • The Fate Of The ACA And What's Next For Health Care

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    The U.S. Supreme Court's decision in Texas v. U.S. could render the Affordable Care Act unconstitutional in whole or in part, which, combined with the upcoming election, could drive a wide range of impacts on health care policy, businesses and patients, say Michael King and Emily Felder at Brownstein Hyatt.

  • Series

    Lawyering While Parenting: A Day In A Dad's Pandemic Life

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    Christopher Jennison shares a view of his life working from home as a Federal Aviation Administration attorney preparing to first-chair a trial while splitting child care responsibilities with his lawyer wife.

  • Series

    Lawyering While Parenting: A Day In A Mom's Pandemic Life

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    Josephine Bahn shares a view of her life working from home as an attorney at the Federal Deposit Insurance Corporation while splitting child care responsibilities with her lawyer husband.

  • Compliance Pointers On Calif. COVID-19 Workers' Comp Law

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    Diana Tsudik and Thu Do at Gilson Daub deconstruct the California law that recently expanded reporting requirements for workers’ compensation claims related to COVID-19, and explain when certain employees should receive a claim form during a workplace outbreak.

  • 2 Fed. Circ. Rulings Show Importance Of Correct Inventorship

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    While the recent Federal Circuit decision Egenera v. Cisco lowers the stakes for incorrect patent inventorship from an invalidity perspective, the court's Dana-Farber v. Ono Pharmaceutical ruling shows that correct inventorship can still be critical to patent ownership and enforceability, says attorney Jason German.

  • Questions Raised By FDA's New Lab Test Policy

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    The U.S. Food and Drug Administration's recently announced decision to no longer review emergency use authorization requests for laboratory-developed tests creates some confusion over the agency's priorities and may discourage laboratories from continuing to develop COVID-19 diagnostics, say attorneys at Ropes & Gray.

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