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Health

  • July 20, 2018

    Boeing Must Face Suit Over Benefits After Kan. Plant Sale

    A Kansas federal judge ruled Friday that Boeing Co. must face claims that the company’s treatment of workers’ benefits after it sold a Kansas plant to Spirit AeroSystems Inc. in 2005 violated the Employee Retirement Income Security Act, and Boeing cannot hold five separate trials to resolve the allegations.

  • July 20, 2018

    J&J Faces Bid To Revive Cancer Victim's $417M Talc Win

    A woman whose cancer-stricken mother won a $417 million jury verdict saying Johnson & Johnson's talcum baby powder caused her ovarian cancer has appealed a California judge’s “about-face” decision to vacate the award, arguing in a brief Wednesday that there was sufficient evidence to support the jury’s finding.

  • July 20, 2018

    Harvard Pilgrim Must Face Mental Health Discrimination Suit

    A Massachusetts federal judge on Friday allowed a woman to move forward with a proposed class action claiming an insurance plan from Harvard Pilgrim Health Care Insurance Co. that covers medical expenses at nursing homes must also cover mental health care at her son's behavior-correcting summer camp.

  • July 20, 2018

    Singapore Health System Breach Affects 1.5M Patients

    Online attackers have breached Singapore's largest health care database and have stolen personal records belonging to about 1.5 million people, in a haul that included a list of the prime minister's medications, officials said Friday.

  • July 20, 2018

    Deals Rumor Mill: Airbus, HSE24, LifePoint

    Airbus is reportedly taking another stab at selling PFW Aerospace, German home shopping network HSE24 is getting ready to go public, and Apollo Global Management is in serious discussions to buy hospital operator LifePoint Health.

  • July 20, 2018

    How A Fla. Ruling Ignited A Surge In Online ADA Suits

    In the year since a Florida federal judge became the first to find that a company’s website violated a visually impaired customer’s rights under the Americans with Disabilities Act, the ruling has been both an inspiration and “bully stick," spurring a surge in litigation that attorneys say could wind up in the U.S. Supreme Court.

  • July 20, 2018

    Endo, Mallinckrodt Target Drug Dealers With Opioid Suit

    Endo Pharmaceuticals Inc. and Mallinckrodt LLC have launched a counterattack against a distinctive case that accuses them of fueling the opioid crisis, moving to shift any liability to drug dealers, "dark web" retailers and corrupt health care providers.

  • July 20, 2018

    Uncertain Clauses Revive Insurer's Bid To Ditch NJ Mold Suit

    A New Jersey appellate court ruled Friday that insurers may not be obligated to defend a policyholder facing a coverage lawsuit if its duty to cover the underlying claim is uncertain, in a decision stemming from a nurse’s mold illness claims against her employer.

  • July 20, 2018

    BCBS Affiliates Say Venue Still Wrong In ERISA Suit

    Numerous Blue Cross Blue Shield affiliates urged a Texas federal judge to toss an amended suit accusing them of flouting the Employee Retirement Income Security Act by denying or reducing reimbursements for certain out-of-network claims, arguing that the hospitals failed to fix the venue issues found in their first complaint.

  • July 20, 2018

    United, Next Health Denied Dismissals In $100M Fraud Suit

    A Texas federal judge did not let either United Healthcare or Next Health escape a suit claiming Next Health ran a $100 million kickback scheme, denying in part Next Health’s motion to dismiss United’s complaint while denying United’s motion to dismiss Next Health’s counterclaims.

  • July 20, 2018

    GlaxoSmithKline Says FDA Rejected Zofran Birth Defects

    GlaxoSmithKline argued Thursday that it cannot be held liable for birth defects caused after pregnant women were prescribed its postoperative nausea drug Zofran because the U.S. Food and Drug Administration has since rejected any scientific correlation between the medication and defects.

  • July 20, 2018

    Health Hires: Wilson Sonsini, Ropes & Gray, Kirkland & Ellis

    Life sciences intellectual property lawyers made big moves recently, with Wilson Sonsini snapping up an administrative patent judge for its team and Ropes & Gray and Cantor Colburn getting IP attorneys from Fitzpatrick Cella and Locke Lord. Additionally, Kirkland and O'Melveny built up their transactions practices and Baker Donelson grew its health care team.

  • July 20, 2018

    Trial Wraps In Suit Over Texas Fetal Remains Disposal Rule

    The fight over a proposed law in Texas that would require health care providers to bury or cremate fetal remains moved forward Friday as the trial for a suit challenging the law concluded in federal court.

  • July 19, 2018

    Rehab Co. Gets Nod For $65M Ch. 11 Sale To Stalking Horse

    A Delaware bankruptcy judge Thursday approved the $65 million sale of the drug and alcohol treatment facility network EBH TopCo LLC to its senior secured lender and stalking horse bidder after a deal was struck with the official unsecured creditors committee, which had challenged the sale.

  • July 19, 2018

    Cooley-Led Cannabis Co. Leads 5 IPOs Raising $446M

    Canadian medical cannabis company Tilray Inc., represented by Cooley LLP, raised $153 million after pricing an initial public offering beyond its range, leading five companies that netted a combined $446 million and saw shares mostly rally in their public debuts on Thursday.

  • July 19, 2018

    Immigrants Ask Court To Hasten Care For Separated Families

    A proposed class of immigrant parents who have been detained and separated from their children urged a California federal judge on Wednesday to quickly provide effective mental health care to families who have been impacted by the Trump administration’s family separation policy.

  • July 19, 2018

    Debt Collector Blames Computer Error In Credit Class Action

    A debt collection company said Wednesday that a data-entry glitch that allegedly renewed thousands of debts associated with a Pennsylvania hospital was a “bona fide error” and the customers who claimed it dinged their credit scores weren’t entitled to summary judgment in a class action.

  • July 19, 2018

    ​​​​​​​Pharma Charity Likely Waived Free Speech Right, OIG Says

    A pharmaceutical charity alleging free speech violations by the U.S. Department of Health and Human Services’ Office of Inspector General likely waived its constitutional right to engage in certain communications with drugmakers, the OIG told a Virginia federal court on Wednesday.  

  • July 19, 2018

    Tendyne Investors Sue Abbott Over $50M Merger Bonus Miss

    Former stockholders of Minnesota-based Tendyne Holdings Inc. sued Abbott Vascular Inc. for breach of a $225 million merger contract Thursday, accusing the latter in a federal lawsuit in Delaware of bungling or scuttling a heart valve development goal worth up to $50 million to the former's investors.

  • July 19, 2018

    Deals Rumor Mill: Fosun, UnitedHealth, Niu

    A Fosun International subsidiary is reportedly mulling a deal to float Gland Pharma, Tenet Healthcare has attracted interest from UnitedHealth for its health care management unit, and Chinese electric scooter company Niu is planning a public listing.

Expert Analysis

  • What Directors Need To Include In Appraisal Notices

    Christopher Chuff

    The Delaware Chancery Court's opinion in Cirillo Family Trust v. Moezinia is a stark reminder of both the required contents of an appraisal notice as well as the appropriate approach to take when communicating with stockholders, say attorneys with Pepper Hamilton LLP.

  • The Opioid Epidemic: Who Will Jurors Hold Accountable?

    Christina Marinakis

    Hardly a day goes by where we don’t hear about another lawsuit being filed accusing pharmaceutical companies, distributors, hospitals and pharmacies of fueling the country’s addiction to opioids. But without any of these cases reaching a jury to date, it can be difficult to predict how jurors will react to these claims, says Christina Marinakis of Litigation Insights.

  • Suddenly, ALJs Become Political Appointees

    Brian Casey

    Less than three weeks after the U.S. Supreme Court decided Lucia v. Securities and Exchange Commission, President Donald Trump signed an executive order applying the court’s rationale in Lucia to the hiring — and firing — of all administrative law judges in the federal government, making them entirely beholden to the heads of their agencies or the president for their jobs, says Brian Casey of Barnes & Thornburg LLP.

  • How To Do Time: Part 4

    Alan Ellis

    Most lawyers are understandably unable to advise a first-time federal inmate as to what it will be like in prison. In their final installment of this series, criminal defense attorney Alan Ellis and federal prison consultant J. Michael Henderson address questions about mental health care and substance abuse treatment in the Bureau of Prisons.

  • DOJ's Health Care Enforcement Initiative Is Still Going Strong

    Melissa Jampol

    Last month, the U.S. Department of Justice released the results of its ninth annual health care fraud takedown, an aggregation of criminal, civil and administrative health care-related actions. It appears that the DOJ and its law enforcement partners are sticking to many of the same enforcement areas that were central to last year's takedown, say Melissa Jampol and George Breen of Epstein Becker Green.

  • Guest Feature

    Chris Dodd Talks Dodd-Frank, Nuremberg Trial, Hollywood

    Randy Maniloff

    Attorney Randy Maniloff recently sat down with former Sen. Christopher Dodd at his new office at Arnold & Porter in Washington, D.C. The goal? To discover things we might not know about the author of some of the most important legislation of the last few decades.

  • How FCC Ruling Could Impact Viability Of TCPA Fax Cases

    Lewis Wiener

    In Scoma Chiropractic v. Dental Equities, a junk fax case brought against MasterCard International, a Florida federal court recently issued a stay pending a ruling from the Federal Communications Commission. The decision may have ripple effects in other pending Telephone Consumer Protection Act actions, say Lewis Wiener and Alexander Fuchs of Eversheds Sutherland.

  • Congressional Forecast: July

    Layth Elhassani

    While Senate hearings on the nomination of Brett Kavanaugh to the U.S. Supreme Court will draw much attention during July, Congress remains very busy with fiscal year 2019 appropriations bills. The chambers may go to conference this month on the first of several appropriations "minibuses," says Layth Elhassani of Covington & Burling LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.