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Health

  • January 23, 2019

    Sheppard Mullin Nabs FDA Pro From Sidley Austin

    Sheppard Mullin Richter & Hampton LLP has brought in a former Sidley Austin LLP partner with years of experience advising life science companies on a variety of U.S. Food and Drug Administration matters, ranging from preparing for inspections to product safety.

  • January 23, 2019

    Ex-Hospital Director Pleads Guilty In $1B Health Fraud Case

    A former Miami-area hospital director pled guilty Wednesday in Florida federal court to conspiring to defraud the United States and paying and receiving health care kickbacks as part of a $1 billion health care fraud scheme.

  • January 22, 2019

    Walgreens Pays $269M In Milestone FCA Deals

    Walgreens Boots Alliance Inc. has inked settlements worth $269 million to end False Claims Act allegations of egregious overbilling for various drugs, the U.S. Department of Justice said Tuesday, marking some of the largest FCA payouts ever by a retail pharmacy.

  • January 22, 2019

    Univ. Of Md. Hospital Beats Suit Over Negligent MRSA Care

    A Maryland appellate court on Friday upheld the dismissal of a suit accusing the University of Maryland Medical Center of negligently treating a man’s MRSA infection that led to a total knee replacement, saying the suit was untimely filed.

  • January 22, 2019

    Nurse Can't Revive Age, Gender Bias Suit At 1st Circ.

    The First Circuit on Tuesday affirmed a lower court’s toss of a suit that alleged a Massachusetts hospital worker was wrongly terminated for his age and gender, finding there was “extensive support” for the unbiased reason the hospital gave for his dismissal.

  • January 22, 2019

    Judge Won't Trim Ad Fax Suit Against Enclarity, Citing Delay

    An Illinois federal judge said Tuesday that Enclarity Inc. was too slow to raise jurisdictional issues in its attempt to block claims by putative class members from outside the state in a case over unsolicited faxes, deciding a recent U.S. Supreme Court ruling on jurisdiction did not excuse the delay.

  • January 22, 2019

    J&J To Pay States $120M For False Hip Implant Promos

    A Johnson & Johnson unit will pay $120 million to end a wide-ranging investigation into whether it misled customers about the longevity and efficacy of its hip replacement devices, attorneys general in New York and Texas announced Tuesday.

  • January 22, 2019

    Rehab Co. Barred From Selling Assets In Benefits Fraud Suit

    A California federal judge has granted a preliminary injunction barring a chain of shuttered Southern California rehabilitation centers from selling off various assets while the company faces a suit accusing it of misusing money meant to go toward a self-funded health benefit plan.

  • January 22, 2019

    Hospital Retirement Plan's Receiver Defends $11.15M Deal

    An $11.15 million settlement in an Employee Retirement Income Security Act class action over an embattled retirement plan for Rhode Island hospital workers should be approved, the receiver for the plan asserted Monday, ripping objections to the agreement from other parties to the suit.

  • January 22, 2019

    8 Promo Pitfalls Pharma Compliance Chiefs Need To Know

    The U.S. Food and Drug Administration's increasingly docile enforcement posture toward pharmaceutical advertisements may be emboldening drugmakers to take promotional liberties, a potentially perilous move despite the laid-back oversight. Here, experts share eight promotional pitfalls that pharma compliance officers need to know in today's enforcement environment.

  • January 22, 2019

    FDA Releases Guidance On Clearing New Medical Devices

    The U.S. Food and Drug Administration on Tuesday released final guidance outlining an updated pathway for bringing medical devices to market that uses objective performance criteria to show that the devices are safe and effective.

  • January 18, 2019

    Injured Plaintiffs, Families Hurt Again By Gov't Shutdown

    Cash-strapped plaintiffs and their families suing the federal government for medical malpractice are among those adversely affected by the ongoing government shutdown, which has become yet another hurdle preventing them from having their day in court, their attorneys said.

  • January 18, 2019

    Drug Distributors Can't Appeal RICO Ruling In Opioid MDL

    An Ohio federal judge on Friday blocked drug distributors from trying again to keep racketeering allegations out of a bellwether trial in the opioid multidistrict litigation, rejecting assertions that enormous damages associated with racketeering will hinder settlement talks.

  • January 18, 2019

    Security Guards Hit NYU Hospitals With Wage-And-Hour Suit

    New York University’s teaching hospitals failed to fully compensate security guards for overtime work and skimped on pay for required duties before and after shifts, according to a putative class action filed Friday in New York state court.

  • January 18, 2019

    HHS Condemns Null Calif. Abortion Law As Discriminatory

    The U.S. Department of Health and Human Services chided California on Friday over a court-invalidated state law that had required pregnancy resource centers to post information about abortion services, saying it flouted federal statutes barring discrimination against anti-abortion providers.

  • January 18, 2019

    UnitedHealth Sues Generic-Drug Makers For Price-Fixing

    Health insurance giant United HealthCare Services Inc. has slapped a host of generic-drug makers with a sprawling lawsuit in Minnesota federal court alleging they conspired to hike prices on a range of medications and saying “collusion in the generic pharmaceutical industry is well established at this point.”

  • January 18, 2019

    Dockworkers’ $4.1M ERISA Suit Lacks Facts, Plan Tells Court

    Providers of a West Coast health and welfare plan urged a California federal court on Thursday to dismiss a group of dockworkers' suit over $4.1 million in unpaid health-care claims, arguing that the group's allegations aren't backed up by facts and that some of the workers had already fought out the issue in arbitration.

  • January 18, 2019

    Real Estate Rumors: Lennar, Baptist Health, Bridge

    Lennar has reportedly paid $17 million for a Miami development site, Baptist Health South Florida is said to have bought a former Toys R Us store for $15.8 million, and Bridge Development Partners has reportedly dropped $68 million on a Los Angeles warehouse complex.

  • January 18, 2019

    Texas Can Cut Planned Parenthood From Medicaid: 5th Circ.

    The Fifth Circuit has vacated an injunction barring Texas from excluding Planned Parenthood affiliates from Medicaid based on graphic videos released by an anti-abortion group, saying the district court judge used the wrong standard and ignored the administrative record.

  • January 18, 2019

    Faulty Notice Sinks NJ Couple’s Heart Attack Suit

    A New Jersey appeals court declined Thursday to revive medical malpractice claims against a Rowan University-employed surgeon, saying the couple suing failed to provide proper notice of who was in their crosshairs.

Expert Analysis

  • Opinion

    Courts Are Getting It Right On Litigation Funding Discovery

    Matthew Harrison

    Earlier this month, a California federal court denied discovery into the identification of third-party funders with a financial interest in the outcome of an underlying patent infringement action. This decision in MLC v. Micron follows a long line of well-reasoned precedent across U.S. federal courts, say Matthew Harrison and Sarah Jacobson of Bentham IMF.

  • Settlement Counsel Key For Efficient Mass Tort Resolution

    J. Stephen Bennett

    Team-based specialization in mass tort litigation defense allows each member to draw on individual strengths, maximizing their contribution. A core tenet of this approach is using settlement counsel to focus on strategic initiatives and end-game resolution efforts, separate from the heated battle lines of the litigation, say attorneys at Faegre Baker Daniels.

  • Hospitals Have Hope As Justices Mull Medicare Case

    Mark Polston

    U.S. Supreme Court oral arguments in Azar v. Allina Health Services seemed to favor a ruling that could mean billions of dollars in additional Medicare payments to many hospitals. But the case also could significantly affect Centers for Medicare & Medicaid Services operations, say Mark Polston and Matthew Horton of King & Spalding LLP.

  • Diversity's Next Step: Developing Minority Partners

    Chris King.jpg

    The lack of minority partners comes at a high cost to firms, say attorneys at Lightfoot Franklin & White LLC, as they suggest several practical ways to tackle this problem.

  • Takeaways From NJ Bulletin On Out-Of-Network Health Care

    Cynthia Borrelli

    The New Jersey Department of Banking and Insurance has released a bulletin clarifying its law designed to protect consumers from "hidden" out-of-network health providers, but many questions still remain, say Cynthia Borrelli and Michael Morris of Bressler Amery & Ross PC.

  • A 2019 Field Guide To Calif. Class Actions

    William Stern

    For those navigating the California class action landscape in 2019, it pays to know what happened in 2018. William Stern of Covington & Burling LLP looks back at the most important developments and discusses what to expect going forward.

  • 2018 Trends In HHS Corporate Integrity Agreements

    John Bentivoglio

    The Office of Inspector General at the U.S. Department of Health and Human Services entered into only 37 new corporate integrity agreements last year — the lowest number since 2012 — but it was an important year on the policy front, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • What Conn. Opioid Ruling Means For Liability Insurers

    Patrick Bedell

    In New Haven v. Purdue, a Connecticut state judge ruled last week that opioid manufacturers are not liable for cities' emergency and social services costs. This decision protects liability insurance from being transformed into a funding mechanism for social problems that it was not designed to cover, say Patrick Bedell and Kevin Harris of BatesCarey LLP.