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Health

  • April 23, 2019

    What Drove DOJ's 1st Opioid Distributor Charges?

    The U.S. Department of Justice’s first felony charges accusing a drug distributor of fueling the opioid crisis involve familiar allegations of reckless painkiller sales that until now have been punished with civil penalties. But the accusations are also backed up by direct accounts of C-suite complicity, one of several factors that likely tipped the case into criminal waters.

  • April 23, 2019

    Dignity Health Strikes Deal To End ERISA Class Action

    Dignity Health has reached a deal to close the book on a proposed Employee Retirement Income Security Act class action accusing the hospital system of underfunding its pension plan by $1.8 billion, according to a joint notice of settlement filed Tuesday.

  • April 23, 2019

    EEOC Announces Flurry Of Discrimination Settlements

    The U.S. Equal Employment Opportunity Commission has announced five settlements in disability, religion and age bias cases since Thursday, garnering a total of $415,000 in payouts and wrapping up lawsuits against companies including retailer Party City and grocery store chain Safeway.

  • April 23, 2019

    Allergan Drug Buyers Take One Last Shot At Class Cert.

    Purchasers of Allergan's ulcerative colitis drug lodged a last-ditch effort for class certification in their antitrust suit, asking a Massachusetts federal judge Monday to reconsider denying them a chance to rework their bid after an appellate court rejected an earlier iteration.

  • April 23, 2019

    Med Mal Insurer On Hook For $2M In Bad Birth Suit

    A Missouri appeals court ruled Tuesday that a medical malpractice insurance company's policy for a doctor sued over a botched delivery causing both a mother and her baby to suffer permanent injuries must pay out $2 million — or twice the policy limit — because the two injuries are considered separate occurrences.

  • April 23, 2019

    Challengers Gun For DOJ’s CVS-Aetna Deal In Witness Lists

    Health care-focused economists and policy experts are the preferred advocates to speak against the U.S. Department of Justice settlement clearing CVS Health's acquisition of Aetna, according to new witness lists in the extraordinary D.C. federal court review of the $69 billion merger.

  • April 23, 2019

    Planned Parenthood Seeks Sanctions On Anti-Abortion Group

    Planned Parenthood has urged a California federal judge to sanction anti-abortion activists for allegedly letting one of their expert witnesses view a confidential transcript only attorneys were supposed to see in Planned Parenthood's suit over videos the activists recorded purporting to show the sale of fetal tissue.

  • April 23, 2019

    Chinese E-Commerce Cos., Brewing Co. Launch IPOs

    A pair of Chinese e-commerce companies led by Skadden launched initial public offerings on Monday and an Oklahoma restaurant operator launched its own offering Tuesday, a trio of deals that could raise a combined $427.5 million if they all price at the top of their respective ranges.

  • April 23, 2019

    Cooley-Led Biotech Nixes IPO, Scores $142M Funding Round

    Cancer-focused biotechnology firm Poseida Therapeutics Inc. has decided to put plans for an initial public offering on hold, with the Cooley LLP-guided company instead picking up $142 million in a funding round led by pharmaceutical giant Novartis.

  • April 23, 2019

    Health Care Workers Lose Bias Appeal At 3rd Circ.

    The Third Circuit affirmed the dismissal of employment discrimination claims from two former employees of a residential health care center in Pennsylvania on Monday, ruling that neither showed evidence that they lost their jobs due to workplace injuries.

  • April 23, 2019

    Claims Trimmed In $2.9M Health Care Investment Fraud Suit

    An investment firm's securities fraud suit accusing two former business partners of stealing $2.9 million through a bogus health care venture largely survived Tuesday after a Florida federal judge tossed two of five claims due to insufficient pleading.

  • April 23, 2019

    Wandering Patient's $4.3M Injury Award Upheld In Wash. State

    A Washington state appeals court has upheld a trial verdict awarding $4.3 million in damages to a mentally disabled patient who injured himself after a county counselor’s decision enabled him to wander off, rejecting the county’s various bids to overturn the outcome.

  • April 23, 2019

    GAO Urges New VA Health Guidance For Native Americans

    Citing challenges among government agencies and tribal facilities in coordinating health care for American Indian and Alaska Native veterans, a congressional watchdog pressed the U.S. Department of Veterans Affairs to roll out a new policy for referrals.

  • April 23, 2019

    Diplomat Pharmacy Inks $14M Deal In Suit Over PBM Fees

    Diplomat Pharmacy has agreed to pay $14.1 million to settle a proposed class action claiming investors were kept in the dark about an increase in fees pharmacy benefits manager CVS Caremark was going to charge for Medicare Part D prescriptions.

  • April 23, 2019

    PE Firm Plugs $100M Into Medical Imaging Co. NorthStar

    New York private equity firm Oberland Capital Management LLC on Tuesday agreed to provide $100 million in financing to Beloit, Wisconsin-based NorthStar Medical Technologies LLC, which focuses on the production and distribution of radioisotopes used for medical imaging and therapy.

  • April 23, 2019

    Fla. Oncologists Try To Save Antitrust Suit Over Noncompetes

    A group of oncologists who claim a cancer treatment company forced them to sign illegal noncompete agreements and created a monopoly for oncology services in Southwest Florida asked a federal court Monday not to dismiss their suit, saying the claims are still timely because of ongoing conduct.

  • April 23, 2019

    DOJ Unveils 1st Criminal Charges Against Opioid Distributor

    The U.S. Department of Justice on Tuesday announced its first-ever criminal charges against a drug distributor for selling prescription opioids to pharmacies despite clear evidence the drugs were being diverted for illicit use.

  • April 22, 2019

    New Doc Pay Models Aim To 'Radically Elevate' Primary Care

    The Centers for Medicare & Medicaid Services on Monday unveiled a quintet of voluntary physician payment models that would use financial carrots and sticks to “radically elevate” the role of primary care doctors in improving outcomes and saving money.

  • April 22, 2019

    Ex-Doctor, Partner Get 3 Years For $7M Medicare Fraud

    A former doctor and his business partner have each been sentenced to 33 months in prison for their roles in a $7.1 million Medicare fraud scheme at three Las Vegas hospice and home health care agencies, according to the U.S. attorney for the District of Nevada.

  • April 22, 2019

    High Court Passes On Pair Of Medical Practice TCPA Fax Suits

    The U.S. Supreme Court on Monday declined to review a pair of Telephone Consumer Protection Act cases brought by two medical practices that claimed they received unsolicited faxes.

Expert Analysis

  • Rebuttal

    Jury Trials, Though In Decline, Are Well Worth Preserving

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    In a recent Law360 guest article, the author applauded the disappearance of jury trials as an inefficient, costly mechanism, but in doing so he overlooked the greater value of jury trials for our justice system, says Stephen Susman, executive director of the Civil Jury Project at NYU School of Law.

  • Measles Vaccine Mandates Have Strong Legal Footing

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    In response to the recent measles outbreak, more cities and states are expected to follow New York City's lead with orders for mandatory measles vaccinations, and challenges to those orders are unlikely to be successful, say Michael Hoernlein and Rebecca Gauthier of Alston & Bird.

  • A Broader View Of The US Supreme Court Bar

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    During the past 15 years, three widely read articles bolstered by starstruck media have promulgated the incorrect perception — sorely in need of revision — that the U.S. Supreme Court bar is limited to a handful of elite lawyers, says Lawrence Ebner of Capital Appellate Advocacy.

  • Health Care Cos. Should Beware Usurpation Of Opportunity

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    A recent Delaware Court of Chancery decision, Personal Touch v. Glaubach, may prompt corporate leadership to be more attentive to the legal risks associated with the usurpation of corporate opportunity, especially in the health care sector, says Michael Peregrine of McDermott.

  • Inside DOJ's Recent Charitable Copay Foundation Settlements

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    On April 4, the U.S. Department of Justice announced three settlements of False Claims Act cases, offering a glimpse into the ways the DOJ believes pharmaceutical companies have used charitable copay foundations to cover copays of government health program beneficiaries, circumvent anti-kickback laws and artificially bolster high drug prices, say attorneys with Skadden.

  • State Net

    Court Battles Slow Trump Health Care Rollbacks

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    A D.C. federal court recently struck down Trump administration waivers allowing two states to impose work requirements on Medicaid recipients. The case is part of a larger partisan struggle in which President Donald Trump and Republican state attorneys general continue their efforts to dismantle Obamacare, says Lou Cannon of State Net Capitol Journal.

  • In Virtual Teams For Mass Torts, The 'Law Team' Is Critical

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    A critical component of any virtual law team assembled for mass tort litigation is a dedicated "law team," which tackles the legal strategy and drafts the many necessary pleadings, motions and other submissions, say attorneys at Pepper Hamilton and Faegre.

  • Takeaways From DOJ Action Against Telemedicine Fraud

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    Recently unsealed indictments from the U.S. Department of Justice make clear that telemedicine will continue to be an enforcement focus at a time when telemedicine is expanding, and should remind providers to focus on compliance obligations, say Edgar Bueno and Matthew Wilmot of Morris Manning.

  • 5 Tips For Lawyers Entering The Cannabis Industry

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    As the cannabis industry continues to grow, it will need more legal professionals to help navigate the turbulent business landscape, but lawyers should understand the industry's unique limitations and characteristics before diving in, says Sabas Carrillo of consulting firm Adnant.

  • Opinion

    Jury Trials Are In Decline For Good Reason

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    A recent Law360 article reported on federal judges bemoaning jury trials' nationwide decline, but these laments are unfounded as jury trials have been replaced by better alternatives, says J.B. Heaton of J.B. Heaton Research.