Health

  • August 13, 2020

    4th Circ. Won't Pause Block On FDA Abortion Pill Limits

    The Fourth Circuit on Thursday ruled against a request from the U.S. Food and Drug Administration to undo a lower court's injunction that blocks the agency's restrictions on patients' ability to get the so-called abortion pill at a retail pharmacy.

  • August 13, 2020

    ​​​​​​​3 Key Developments As COVID-19 Testing Czar Jabs Critics

    The nation's coronavirus testing czar Thursday forcefully rebutted complaints about turnaround times and declining volume, a top health official cited "a really important clue" that might explain why some COVID-19 patients don't get very sick, and fireworks flew in the presidential campaign over a nationwide mask mandate.

  • August 13, 2020

    6th Circ. Won't Overturn Ohio's Health Care Solicitation Rule

    The Sixth Circuit issued a published opinion on Thursday finding that an Ohio law prohibiting health care providers from soliciting business from injured people for 30 days after their injury was not a violation of free speech rights.

  • August 13, 2020

    Wash. Justices Says Nurses Union Can't Sue For Wages

    A split Washington Supreme Court ruled Thursday that a state nurses union can't seek damages on behalf of its members in a suit accusing a Yakima hospital of shorting them on pay and breaks, saying the damages in the case weren't readily apparent.

  • August 13, 2020

    House Panel Seeks Answers On Virus Vaccine Campaign

    A House COVID-19 response oversight panel is probing the Trump administration's multibillion-dollar campaign to rapidly create and distribute one or more coronavirus vaccines for possible conflict of interest.

  • August 13, 2020

    Irked Judge Says Boies Schiller Flouted Opioid MDL Order

    An Oklahoma federal judge berated Boies Schiller Flexner LLP late Wednesday for ignoring a "very clear order" on supplemental court filings in the multidistrict opioid litigation and gave the firm one week to explain why it shouldn't be punished.

  • August 13, 2020

    Cancer Patients Agree To $8M, Monitoring In Data Breach Deal

    Patients of cancer treatment center operator 21st Century Oncology sought approval Wednesday of a settlement that would provide at least $12.5 million in benefits and up to $3.75 million to class counsel to end multidistrict litigation over a data breach that compromised millions of patients' personal information.

  • August 13, 2020

    8th Circ. Asked To Rethink Negating North Dakota PBM Law

    Four North Dakota officials asked the Eighth Circuit to reconsider limiting the state's ability to regulate pharmacy benefit managers, saying the court broke with precedent when it shot down a law overseeing the industry that controls health care plans' medication purchases.

  • August 13, 2020

    Law360's Tort Report: GOP Pols Blast Gun-Toting Attys' Case

    Republican lawmakers' call for a probe of the St. Louis prosecutor who charged an injury lawyer couple for pointing guns at protesters and three states' moves over coronavirus injury legislation lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • August 13, 2020

    6th Circ. Reinstates J&J Pelvic Mesh Suit

    The Sixth Circuit on Thursday revived a woman's suit against Johnson & Johnson alleging that she was seriously and possibly permanently injured by its pelvic mesh implant, finding that she didn't file suit too late.

  • August 13, 2020

    McKesson, Cardinal Get Green Light For Opioid Bench Trial

    A West Virginia federal judge will allow a bench rather than jury bellwether trial in the city of Huntington and Cabell County's joined lawsuit against three drug distributors over their alleged roles in fueling the nation's opioid crisis.

  • August 13, 2020

    NJ Hospital Escapes Injury Suit Filed After Woman's Death

    A New Jersey state appeals court on Thursday tossed a personal injury suit against a hospital, finding that the attorney who filed the suit on a woman's behalf nine months after she died couldn't amend the case to insert her estate as the plaintiff.

  • August 13, 2020

    Ga. Gov. Drops Suit Challenging Atlanta's COVID-19 Measures

    Georgia Gov. Brian Kemp on Thursday withdrew his state court lawsuit against Atlanta's mayor and city council over their coronavirus pandemic restrictions, saying that mediation has resolved one issue and that he'll address another point of contention with a statewide executive order.

  • August 13, 2020

    3rd Circ. Secures Pittsburgh Hospital's Antitrust Win

    The University of Pittsburgh Medical Center cemented its victory Wednesday over an antitrust suit accusing it of trying to run a rival out of the workers' compensation cost containment business after the Third Circuit declined to breathe new life into the case.

  • August 13, 2020

    Greenberg Reaches Deal With Ill. Fund In Bond Fraud Suit

    Chicago's public transit pension fund and Greenberg Traurig LLP have resolved a lawsuit accusing the firm of being complicit in a multimillion-dollar tribal bond scam, according to a document filed Thursday in Illinois federal court.

  • August 13, 2020

    Ill. Doctors Can't Dodge Sanctions Over Unserved Patent Suit

    The Federal Circuit on Thursday backed an Illinois federal judge's decision to sanction a pair of physicians who pursued patent infringement litigation against more than 300 hospitals and doctors without properly serving them.

  • August 13, 2020

    Coronavirus Q&A: Akin Gump Partners On Virus Relief Probes

    After spearheading trillions of dollars in COVID-19 relief, Congress is ramping up investigations into how the government distributed the funds, laying the critically important groundwork for a process that will likely stretch on for years, according to two Akin Gump Strauss Hauer & Feld LLP partners with years of experience as federal investigators.

  • August 13, 2020

    FTC Says Shkreli's Prison Calls With Attorneys Not Privileged

    Martin Shkreli's phone calls with lawyers over prison-monitored lines do not fall under attorney-client privilege because he knew authorities could listen in, the Federal Trade Commission told a New York federal judge presiding over his civil antitrust case Wednesday.

  • August 13, 2020

    McDermott Nabs Pair Of IP Pros From Polsinelli

    McDermott Will & Emery LLP has beefed up its Boston presence by adding a pair of former Polsinelli PC attorneys in an effort to boost its intellectual property expertise in the health and life sciences arenas.

  • August 13, 2020

    Sorrento Investors Fight To Lead COVID-19 'Cure' Suit

    Sorrento Therapeutics Inc. investors represented by Pomerantz, Kirby McInerney and Robbins Geller continue to fight for appointment as lead plaintiff in a proposed securities class action accusing the company of misleading the public after its CEO characterized some of its COVID-19 research as a "cure."

  • August 13, 2020

    Prison Biz Blasts Suit Over Virus-Linked Stock Drop

    A private prison operator urged a Florida federal judge Wednesday to toss a proposed class action alleging it misled investors about its response to the COVID-19 pandemic and caused the company's stock price to drop, calling the suit a text-book example of a baseless "strike suit."

  • August 13, 2020

    Pharmacy Pays $3.5M To Settle DOJ Medicare Kickback Probe

    Specialty pharmacy Advanced Care Scripts Inc. will pay $3.5 million to settle federal claims it helped Teva Neuroscience Inc. funnel kickbacks to Medicare recipients to help them buy the company's multiple sclerosis drug, the U.S. Department of Justice said Thursday.

  • August 12, 2020

    J&J Asks Mo. High Court To Overturn $2.1B Talc Ruling

    Johnson & Johnson urged the Missouri Supreme Court on Wednesday to take up its challenge of a lower appellate court's decision upholding $2.11 billion of a record-setting $4.7 billion jury verdict that found J&J's talcum powder products gave 22 women cancer, arguing that allowing this combination of claims was obviously unfair. 

  • August 12, 2020

    Alaska Native Cos. Meet CARES Act Standard, DC Circ. Told

    Cook Inlet Region Inc. has urged the D.C. Circuit to uphold a lower court decision that it and other Alaska Native corporations are eligible for part of $8 billion in COVID-19 relief, saying they satisfy a key requirement in the CARES Act that was borrowed from a federal contracting law.

  • August 12, 2020

    SmileDirectClub Points To Ga. Dental Board Win In Ala. Appeal

    SmileDirectClub has told the Eleventh Circuit that a recent decision in the same court involving a case against members of Georgia's dental board supports its contention that members of Alabama's board are not immune from SmileDirectClub's antitrust claims targeting restrictions on teledentistry.

Expert Analysis

  • Proposed Vaccine Injury Rule Raises COVID-19 Concerns

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    The U.S. secretary of health and human services' unprecedented attempt to independently remove shoulder injuries from the vaccine injury table will complicate recourse available to those injured by a potential COVID-19 vaccine and will likely be challenged in court, says attorney Leah Durant.

  • AbbVie Calif. Settlement Guides Nurse Education Compliance

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    A recent settlement between AbbVie and the California Department of Insurance over allegations of physician kickbacks and a misleading nurse educator program provides guidance for pharmaceutical companies developing such programs, and exposes inconsistent policy views between California and the U.S. Department of Justice, says Dominick DiSabatino at Loeb & Loeb.

  • 3 Ways Law Firms Can Guard Diversity Gains During Crisis

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    Law firm managing partners must institute comprehensive, firmwide policies to ensure tenuous progress made in recruiting and retaining more women and attorneys of color is not lost due to pandemic-related layoffs and budget cuts, says Debra Pickett at Page 2 Communications.

  • Vertical Merger Guidelines Overlook Health Care Co. Issues

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    The recently released joint U.S. Department of Justice-Federal Trade Commission vertical merger guidelines fail to address key features of the health care industry — including asymmetric information and complex reimbursement schemes — and leave several important questions unanswered, say economists at Cornerstone Research.

  • What I Learned As A Virtual Summer Associate

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    It is necessary in a virtual law firm summer program to think twice about asking questions you may be able to answer on your own, but this independence and other aspects of a remote internship may help to instill habits that would be useful for future full-time associates, says law student Kelley Sheehan, who interned at Patterson & Sheridan this summer.

  • Lesser-Known Litigation Funding Best Practices For Attorneys

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    Following the American Bar Association's recent publication of third-party litigation funding guidance, Jiamie Chen and Dai Wai Chin Feman at Parabellum Capital outline some additional considerations, including the ethical limitations on single-case funding and the futility of economic prenegotiations between attorneys and their clients.

  • Opinion

    ADA Protects Lawyers With Disabilities, But We Must Do More

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    As an attorney with cerebral palsy, Danielle Liebl at Reed Smith says that while the 30-year-old Americans with Disabilities Act has protected her against discrimination, the legal industry must do more to accommodate lawyers with disabilities and make them more comfortable in self-identifying.

  • Perspectives

    Legal Deserts Threaten Justice In Rural America

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    Many small towns and rural counties have few lawyers or none at all, which threatens the notion of justice for all Americans and demands creative solutions from legislators, bar associations and law schools, says Patricia Refo, president of the American Bar Association.

  • Rebuttal

    Most Courts Follow 1st Circ. Generic-Delay Ruling's Standard

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    Contrary to a recent Law360 guest article arguing that most courts have criticized or rejected the First Circuit's reversal of class certification in the 2018 Asacol pay-for-delay cases, most courts have in fact followed it, recognizing that precedent requires serious scrutiny of plaintiffs' proposed proof, say attorneys at White & Case.

  • Analyzing Upward And Downward Trends In Legal Tech

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    Advances in legal technology are often accompanied by bombastic overstatements, but it is important to separate the wheat from the chaff by looking at where various technologies stand on the hype curve, says Lance Eliot at Stanford Law School.

  • Health Providers Should Beware FCA Risks Of COVID-19 Aid

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    Health care providers accepting pandemic aid from the Public Health and Social Services Emergency Fund or Paycheck Protection Program should take steps to protect themselves from criminal and civil exposure under the False Claims Act, even if they receive the funds automatically, say attorneys at Orrick.

  • Employer Next Steps After Court Guts DOL Virus Leave Rule

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    Following a New York federal court’s decision Monday to invalidate parts of a U.S. Department of Labor rule limiting who can take paid sick or expanded family COVID-19 leave, employers may need to adjust determinations related to work availability, health care capabilities, intermittent leave and documentation, says Susan Harthill at Morgan Lewis.

  • Lessons From Novartis' $678M Speaker Program Settlement

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    Novartis' recent $678 million deal with the U.S. Department of Justice, settling allegations that the company's physician-led speaker programs violated the Anti-Kickback Statute, sheds light on arguably the highest-risk marketing practice in the life sciences industry and steps companies can take to avoid DOJ ire, say attorneys at Skadden.

  • Opinion

    ABA's New Guidance On Litigation Funding Misses The Mark

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    The American Bar Association should revise its recently approved best practices on third-party litigation funding as they do not reflect how legal finance actually works and could create confusion among lawyers, says Andrew Cohen at Burford Capital.

  • New IT Restrictions For Gov't Contractors Bring M&A Hurdles

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    Prohibitions taking effect next week on the use of certain Chinese telecommunications technology by government contractors will have an immediate impact on M&A involving companies that do business with the federal government, and will require prospective buyers' careful consideration in four areas, say attorneys at Covington.

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