Health

  • October 11, 2019

    Woman's Brain Damage Came During Surgery, Doc Testifies

    A neurologist told a Nevada jury Friday that a woman who went into respiratory failure during heart surgery at Las Vegas' Summerlin Hospital suffered a permanent brain injury during the procedure, and that her treating doctor would have known something went wrong.

  • October 11, 2019

    Teva, Mylan, Other Generic Makers Hit With Price-Fixing Suit

    UnitedHealthcare on Friday accused Teva, Mylan and more than a dozen other generic-drug makers of an egregious price-fixing scheme, claiming executives divvied up market share over fine Scotch and inflated the prices of more than 100 drugs, costing patients and insurers billions.

  • October 11, 2019

    Purdue Opioid Suits Get One-Month Pause, For Now

    A New York bankruptcy judge Friday put the opioid lawsuits against Purdue Pharma LP on a monthlong hold after the drugmaker and the government bodies suing it agreed to the pause while they try and work out terms for a longer stay.

  • October 11, 2019

    6th Circ. Keeps Block On Ohio Down Syndrome Abortion Ban

    The Sixth Circuit on Friday blocked an Ohio law that would have criminalized abortion based on a Down syndrome diagnosis, saying U.S. Supreme Court precedent protecting a woman's right to an abortion isn't outweighed by the state's interest in preventing disability discrimination.

  • October 11, 2019

    J&J Wins Second Asbestos-In-Talc Trial In A Week

    A California jury on Friday cleared Johnson & Johnson of allegations that its talcum powder contained asbestos and caused a man's mesothelioma, the second Golden State jury to find in the company's favor this week.

  • October 11, 2019

    Mass. Gov. Fights To Keep Vape Ban Fight In Fed. Court

    Massachusetts Gov. Charlie Baker on Friday blasted efforts by vape companies and e-cigarette retailers to take their battle over his vape ban down to state court after they suffered an early loss in federal court, calling the move "purely tactical" and "opportunistic."

  • October 11, 2019

    Claims Court Says Task Order Adjustments Can’t Be Protested

    A protest over a Centers for Medicare & Medicaid Services decision to modify a task order for information technology services is barred by the same law that prohibits protests over newly awarded task orders, the Court of Federal Claims has ruled.

  • October 11, 2019

    Chicago's Ex-Chief Judge Turns To 'Unfinished Business'

    After 25 years on the federal bench in Chicago, former Chief U.S. District Judge Rubén Castillo is returning to private practice as a man with a mission, ready to tackle "unfinished business."

  • October 11, 2019

    FDA Focus: What BakerHostetler's Practice Chair Is Watching

    The co-leader of BakerHostetler's U.S. Food and Drug Administration practice tells Law360 he’s alarmed by a surge of contaminated drugs, watching for possible legal challenges to government crackdowns on vaping and concerned that large drug compounders will shut down because of FDA restrictions.

  • October 11, 2019

    Trump's Medicaid Work Requirements Questioned By DC Circ.

    A three-judge panel of the D.C. Circuit on Friday rebuked the Trump administration for failing to properly consider health insurance coverage losses when it approved work mandates in the federal-state health program for low-income people in Arkansas and Kentucky last year.

  • October 11, 2019

    2nd Circ. Orders Damages Redo In Health Plan Funding Row

    The Second Circuit has found that a federal district judge incorrectly applied an interest rate when looking at how much a food services business owed a union health plan in damages for unpaid health care contributions, kicking the case back to the lower court to rethink how much the company needs to pay.

  • October 11, 2019

    Job Wrongly Rescinded Over Medical Marijuana, Pa. Man Says

    A Pennsylvania electrical equipment company wrongly rescinded a job offer over a positive drug test despite a doctor's certification that the applicant had a condition that qualifies him for medical cannabis use, according to a complaint filed in state court.

  • October 11, 2019

    Taxation With Representation: Latham, Covington, Vinson

    In this week's Taxation With Representation, Hess Midstream Partners buys Hess Infrastructure Partners for $6.2 billion, UCB acquires biotech company Ra Pharma for $2.1 billion, and a Shiseido subsidiary makes a $845 million deal for a skincare line.

  • October 11, 2019

    Pa. Can Trim Workers' Comp. By Degree Of Injury, Panel Says

    A Pennsylvania appellate court on Friday upheld part of the state's workers' compensation law allowing employers to make recipients undergo a physical exam to determine their degree of impairment, which can shorten how long recipients continue receiving the benefits.

  • October 11, 2019

    Injury Atty Indicted, Accused Of Trying To Hide $1M From IRS

    A Detroit-area personal injury attorney has been indicted in a Michigan federal court on 10 counts of tax evasion and tax fraud accusing him of trying to hide about $1 million from the IRS, the Department of Justice said Friday.

  • October 11, 2019

    Tour Buses 'Thumbed Nose' At Health Care Law, SF Says

    San Francisco slapped the operators of the City Sightseeing tour bus service with a lawsuit claiming they refused to shell out health insurance payments for over 200 workers, violating a city law requiring employers to provide affordable health care.

  • October 11, 2019

    5th Circ. Won't Revisit Ruling Nixing Tenn. Benefits Law

    A Fifth Circuit panel has declined to upend its decision that the Employee Retirement Income Security Act trumps a Tennessee law making it easier for physicians to sue insurance companies over disputed medical bills.

  • October 10, 2019

    9th Circ. Frees 'Last Resort' Insurer From Medicare Payments

    The Centers for Medicare & Medicaid Services can’t seek benefit reimbursements from an insurance guarantee association that administered workers’ compensation policies, the Ninth Circuit ruled Thursday, saying the Medicare statute was not meant to interfere with state laws protecting “last resort” funds that cover insolvent insurers.

  • October 10, 2019

    House Leader To Subpoena USCIS, ICE Over Deferred Action

    U.S. Rep. Elijah Cummings, D-Md., said Thursday that he plans to use his authority as chair of the House Oversight Committee to subpoena top Trump administration immigration officials over a now-reversed policy change that critics said endangered immigrants with serious medical conditions.

  • October 10, 2019

    What Do Trump's Orders Mean For Agency Guidance?

    The Trump administration's bid to help businesses by putting an end to "secret" rulemaking might backfire, some experts said Thursday, because it could put a damper on advice that industry relies on to comply with federal regulations.

  • October 10, 2019

    Tiversa Can't Keep Up With LabMD Defamation Doc Demands

    Defunct cybersecurity firm Tiversa Holding Co. told a Pennsylvania state court judge that it's been reduced to a one-person operation and no longer possesses much of the computer equipment former cancer testing company LabMD is demanding for discovery in a defamation case between the two shuttered companies' executives.

  • October 10, 2019

    FCA Decision Tracker: Continued Interpretations Of Escobar

    More than three years after the U.S. Supreme Court’s landmark Escobar decision, courts continue to wrangle with how to interpret the ruling in False Claims Act suits, including in a spate of recent cases addressing two key questions the justices left open.

  • October 10, 2019

    Jury Bias Claim Can’t Undo $7.6M Nursing Home Death Award

    A Georgia appeals court affirmed Thursday a $7.6 million jury verdict in a suit accusing a nursing home and others of failing to diagnose a black patient’s bowel obstructions that led to his death, rejecting the home’s argument that six white prospective jurors were improperly struck due to race.

  • October 10, 2019

    Dental Startup Settles With Last Distributor In Boycott Suit

    Online supplier SourceOne Dental Inc. has reached a settlement with Benco Dental Supply Co., the last company remaining in SourceOne's lawsuit accusing "the big three" dental suppliers of orchestrating a boycott of the upstart rival.

  • October 10, 2019

    Court Told Settlement Is The Best Result For Purdue Ch. 11

    Bankrupt opioid maker Purdue Pharma LP again touted its proposed settlement of opioid litigation in a New York bankruptcy court Thursday and claimed individual lawsuits against it and company owners the Sackler family could destroy the value of the estate.

Expert Analysis

  • How Emotionally Intelligent AI Could Assist With E-Discovery

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    While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

  • Preventable Risks Your Law Firm May Be Overlooking

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    Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

  • 6 Ethics Tips For Attorneys Making Lateral Transfers

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    With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.

  • 2 Overlooked Areas Of DHS' New 'Public Charge' Rule

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    Two likely consequences of a recent U.S Department of Homeland Security rule that redefines “public charge” and elements of a presidential proclamation requiring many immigrants to show they have health insurance have received little attention but may have a significant effect on visa processing, says Jeffrey Gorsky of Berry Appleman.

  • DOJ's Qui Tam Approach Seems To Be Shifting

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    In the past, when a whistleblower brought a complaint to the government, it was considered significant if the U.S. Department of Justice declined to intervene. In this short video, David Tolley and BJ Trach of Latham discuss how things have changed in recent years.

  • Employers Look To NJ High Court For Clarity On Medical Pot

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    The New Jersey Supreme Court’s upcoming decision in Wild v. Carriage Funeral Holdings will implicate and affect not only the state’s authorizing statute for medical cannabis, but also its anti-discrimination law and a new statute that expanded protections for workers who use medical marijuana, says Ruth Rauls of Saul Ewing.

  • Bid To Boot Opioid Judge Raises Questions On Judicial Roles

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    The attempt to disqualify Ohio federal judge Dan Aaron Polster from the multidistrict opioid litigation illustrates the complicated nature of disqualification decisions, and the conflict between two theories of judging — the disengaged balls-and-strikes umpire and the engaged, problem-solving citizen-judge, says former Illinois judge Raymond McKoski.

  • Email Notice Lessons From 7th Circ. Debt Collection Ruling

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    The Seventh Circuit's decision in Lavallee v. Med-1 doesn't mean that debt validation notices can’t be sent through email, and it’s unlikely to affect the Consumer Financial Protection Bureau’s proposed debt collection rule, but it does make clear that collectors must be careful when using electronic communications, say John Redding and Marshall Bell at Buckley.

  • AdvoCare Deal Puts FTC's 13(b) Authority In Spotlight

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    The Federal Trade Commission's Oct. 2 settlement of pyramid scheme claims with AdvoCare will have far-reaching effects, both for those in the direct selling industry and for those following the ongoing debate over the agency's authority to prosecute FTC violations, say attorneys at Kelley Drye.

  • State Net

    Battles Still Rage Over Calif. Data, Worker Classification Laws

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    California is set to be reshaped soon by two pieces of legislation — one on data privacy, and one on worker classification — but numerous attempts by lawmakers to amend both laws, and the possibility of ballot measures that may further alter them, are clouding the picture, says Rich Ehisen of State Net Capitol Journal.

  • ERISA Ruling Signals Change In 5th Circ. Preemption Analysis

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    The Fifth Circuit’s decision in Dialysis Newco v. Community Health Systems that the Employee Retirement Income Security Act preempts a Tennessee law barring anti-assignment clauses in insurance policies acknowledges a shift toward preemption established by the U.S. Supreme Court's 2016 Gobeille opinion, say Thomas Hardy and Martin Bishop at Reed Smith.

  • Consider The Power Of Tactical Empathy

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    By employing tactical empathy techniques to understand the interests behind the positions taken by others, attorneys can gain the upper hand in deal negotiations and litigation while still promoting and preserving long-term relationships with opponents, judges and others, say Shermin Kruse of TEDxYouth@Wrigleyville and Ursula Taylor of Strategic Health.

  • The Problem — And Opportunity — Of Implicit Bias In The Bar

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    Law firms are beginning to recognize implicit bias as a problem. But too few recognize that it is also an opportunity to broaden our thinking and become better legal problem solvers, says Daniel Karon of Karon LLC.

  • Wisconsin Trailing In Midwest's Race To Legalize Cannabis

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    If it continues to watch from the sidelines as its neighboring states — especially Illinois — legalize marijuana, Wisconsin risks losing out on economic opportunities and tax revenue, says Paloma Kennedy of Reinhart Boerner.

  • Series

    Judging A Book: Thapar Reviews Gorsuch's 'A Republic'

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    U.S. Supreme Court Justice Neil Gorsuch's new book "A Republic, If You Can Keep It" offers hope for our constitutional system through stories of American greatness, and sheds much-needed light on originalism for skeptics, says Sixth Circuit Judge Amul Thapar.