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Health

  • May 22, 2019

    Dems Warn Of Judicial Overreach As ACA Arguments Loom

    A district court's invalidation of the entire Affordable Care Act was an egregious misuse of judicial power, Democratic lawmakers and state attorneys general told the Fifth Circuit on Wednesday, setting the stage for oral arguments on the ACA's fate.

  • May 22, 2019

    TridentUSA Ch. 11 Lender Fight Over Priority Claims Heats Up

    The stakes have been raised in a battle between lenders in the Chapter 11 case for bedside diagnostics provider TridentUSA, as Silver Point Finance LLC filed an adversary suit Tuesday against a prepetition financier, saying it violated an agreement not to challenge Silver Point's liens.

  • May 22, 2019

    Chancery Finds Ex-CEO In Contempt In Biopharma IP Suit

    A biopharmaceutical company physician-investor was ruled in contempt Wednesday for failing to maintain the Delaware Chancery Court-ordered status quo in a suit challenging his transfer of all intellectual property from a venture he directed to one he created and purportedly controlled.

  • May 22, 2019

    Ex-WellCare GC Suspended Over Medicaid Fraud Scheme

    Ohio’s highest court on Wednesday indefinitely suspended the law license of a Florida-based attorney convicted of participating in a Medicaid fraud scheme while he served as general counsel of WellCare Health Plans Inc.

  • May 22, 2019

    Unqualified Expert Witness Sinks NJ Med Mal Suit

    A New Jersey appeals panel refused Wednesday to revive a medical malpractice suit accusing a doctor of botching a cardiac procedure, ruling that an expert witness wasn’t qualified because his credentials didn’t match those of the doctor being sued.

  • May 22, 2019

    Doctor Can't Sue Medical Expert Over Testimony, Panel Says

    A Texas doctor who testified as a medical expert against another doctor in proceedings before the Texas Medical Board is immune from negligence claims filed by the doctor he testified against, a state appellate court held.

  • May 22, 2019

    Amgen Says Rival Used Trade Secrets To Poach 14 Reps

    Amgen should be allowed to pursue its claim that rival biopharmaceutical company Karyopharm Therapeutics used its trade secrets to poach 14 of Amgen's top sales reps in a single day, an Amgen attorney told a state court judge Wednesday in Boston's Business Litigation Session.

  • May 22, 2019

    Mayer Brown Steers Anchor Health's $25M Cancer Center Buy

    Holliday Fenoglio Fowler said Wednesday it has closed the $25.4 million sale of a 57,320-square-foot cancer center near Philadelphia to Mayer Brown LLP-led developer Anchor Health Properties.

  • May 22, 2019

    Family Gets Extra $850K After Okla. High Court Ruling

    The family of an infant who suffered a catastrophic brain injury during a botched delivery at an Indian Health Service hospital have been awarded an additional $850,000 after the Oklahoma Supreme Court recently struck down a state law limiting non-economic damages in personal injury cases.

  • May 22, 2019

    Ex-Olympus Exec Ducks Prison In Tainted Scopes Case

    A former executive of Olympus Corp. dodged a prison sentence Wednesday for failing to file a report with regulators about infections related to the company's medical scopes, as a New Jersey federal judge noted he could have stayed in his native Japan and likely avoided extradition.

  • May 22, 2019

    6 Firms Seek Lead In Housekeeper Accounting Fraud Suit

    Grant & Eisenhofer PA, Saxena White PA, Levi & Korsinsky LLP and a handful of other shareholder litigation heavyweights are seeking to head up a proposed class action accusing a housekeeping company of lying about its quarterly earnings, according to a series of bids in Pennsylvania federal court Tuesday.

  • May 21, 2019

    Purdue's Sacklers Pushed Opioids To Get Rich, New Suits Say

    Two more states on Tuesday hit Purdue Pharma LP's controlling family with suits over its alleged role in fueling the opioid crisis, bringing the total number of states that have sued the family over the company's prescription painkillers to 46.

  • May 21, 2019

    Lawmakers Skewer Industry Reps Over Surprise Medical Bills

    Federal lawmakers asked representatives of insurers, hospitals and doctors to explain why surprising patients with costly medical bills has become the norm during a congressional hearing Tuesday, saying the practice has caused medical debt to become the leading cause of personal bankruptcy in the country.

  • May 21, 2019

    House Lawmakers Joust Over Drug Pricing Transparency Bills

    A powerful House panel on Tuesday scrutinized bipartisan bills that would demand justification for pharmaceutical price increases, although fissures emerged over whether the transparency would be "burdensome" or if drugmakers were merely "whining."

  • May 21, 2019

    Ga. Hospital, Doctor To Pay $2.75M To End Baby Injury Suit

    A Georgia federal judge has approved a $2.75 million settlement to resolve a suit accusing an obstetrician-gynecologist and a hospital of negligently causing a newborn baby's severe and permanent brain damage.

  • May 21, 2019

    Ex-VA Nurse Fired For Sleeping Loses Disability Bias Suit

    A former Department of Veterans Affairs nurse who was ousted for dozing off on the job can’t pursue claims that she was discriminated against because she suffered from sleep apnea, a Pennsylvania federal judge ruled Tuesday, saying she couldn’t show her condition qualified as a disability.

  • May 21, 2019

    EEOC Slaps Cardinal Health With Race Discrimination Suit

    African American employees at global health care company Cardinal Health suffered years of harassment by supervisors, managers and co-workers who routinely used racist epithets and made degrading comments, according to a federal lawsuit by the U.S. Equal Employment Opportunity Commission Tuesday.

  • May 21, 2019

    CVS Defends Contract Counterclaim In Sentry Antitrust Suit

    Sentry Data Systems Inc. cannot duck a breach of contract counterclaim accusing it of botching its performance as CVS’ administrator for a federal program for discounted drugs, the pharmacy giant told a Florida federal judge Monday.

  • May 21, 2019

    HHS Sued Over Rule Shielding Anti-Abortion Health Workers

    Almost two dozen states, cities and counties hit the U.S. Department of Health and Human Services with a New York federal lawsuit Tuesday challenging a rule meant to shield health care providers with moral or religious objections from having to take part in abortions, sterilization and certain other procedures.

  • May 21, 2019

    Blue Cross Can't Escape Tribe's Health Care Fraud Suit

    Blue Cross Blue Shield of Michigan must face allegations that it committed health care fraud by breaking a promise to give a Native American tribe discounts on treatment, a Michigan federal judge ruled Monday, trimming the lawsuit but refusing to toss it.

Expert Analysis

  • Opinion

    How Lawyers Can Help Save The Planet

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    Over a dozen major law firms have joined our effort to overcome the legal obstacles that states, cities and businesses face in fighting climate change. But more lawyers are needed, say Michael Gerrard of Columbia Law School and John Dernbach of Widener University Commonwealth Law School.

  • Opinion

    Time To Create A Viable Path To Biosimilar Interchangeability

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    Because new U.S. Food and Drug Administration guidance does not adequately address how companies can demonstrate interchangeability for biosimilars, Congress should create an interim step, says Kevin Nelson of Schiff Hardin.

  • Union Of Tech, Life Sciences And Health Care Is Here To Stay

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    The growing number of high-profile convergence deals between life sciences, health care and technology companies is creating both opportunities and challenges for the business and legal professionals who implement such complex arrangements, say attorneys at Goodwin.

  • Opinion

    IRS Should Use Tax Law To Combat The Opioid Epidemic

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    The IRS, which enforces anti-trafficking tax laws against state-regulated cannabis businesses, should be fair and apply the same policy against pharmaceutical companies that illegally market their opioids, says Kat Allen at Wykowski Law.

  • Opinion

    FTC Must Tackle Anti-Competitive Drug Rebate Practices

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    The Federal Trade Commission is well-equipped to take action against the anti-competitive "rebate walls" that pharmaceutical manufacturers are structuring in order to block new innovative drugs from entering the market, says David Balto, a former policy director of the FTC's Bureau of Competition.

  • State Net

    Why States And Cities Are Concerned About Census Accuracy

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    The 2020 census will impact every state, city and county in the United States, because population is a major factor in how the federal government distributes funds. Despite apprehensions about an undercount, there are reasons for optimism about the accuracy of the census, says Lou Cannon of State Net Capitol Journal.

  • Inside The New FCA Cooperation Credit Guidelines

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    The recently issued U.S. Department of Justice cooperation credit guidelines provide False Claims Act litigators important information about factors the government considers before awarding cooperation credit or moving to intervene and dismiss a qui tam relator's suit, say attorneys at Cleary.

  • Q&A

    A Chat With Gilead Sciences Legal Ops Leader Gary Tully

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    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview legal industry leaders about the increasingly competitive business environment. Here, Rod Osborne talks with Gary Tully, head of legal operations at Gilead Sciences.

  • FDA Response To Cannabidiol Confusion Is Slow And Steady

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    The U.S. Food and Drug Administration's multipronged approach to assessing whether cannabidiol, commonly known as CBD, can be safely introduced into consumable products charts a path toward much-needed clarity, but the agency's upcoming hearing on the topic is unlikely to provide concrete guidance, say attorneys at Eversheds Sutherland.

  • Series

    Why I Became A Lawyer: Completing The Journey Home

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    My mother's connection to her Native American heritage had a major influence on my career — my decision to enter the legal profession was driven by the desire to return to my tribal community and help it in any way I could, says Jason Hauter of Akin Gump.