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Health

  • November 15, 2018

    Notice Requirement Would Undermine Medicare, HHS Says

    Requiring a notice-and-comment period anytime the U.S. Department of Health and Human Services instructs its billing contractors on Medicare reimbursement policies would undermine the government’s ability to administer the program, HHS has told the U.S. Supreme Court.

  • November 15, 2018

    UPenn Dental Affiliate Beats Ex-Dentist's Race Bias Suit

    A Pennsylvania federal jury has concluded that a University of Pennsylvania-affiliated dental practice didn’t discriminate against a black former dentist who claimed he was paid a far lower starting salary than his white peers and ultimately forced to quit due to alleged hostility he faced from a supervisor.

  • November 15, 2018

    Judge Says Illinois Nurse's Bias Suit Lacks Merit

    An Illinois federal judge on Thursday rejected an African-American nurse's allegations that the state Department of Human Services discriminated against her after she was injured and requested light-duty work, deciding that not only were the claims filed late but that they also lacked merit.

  • November 15, 2018

    Promise Healthcare Floats $3M Ch. 11 Exec Bonus Plan

    Bankrupt hospital operator Promise Healthcare Group LLC requested permission Thursday from a Delaware judge to implement a key employee incentive plan that would pay its president up to $3 million in bonuses based on meeting sale price targets for two of its facilities.

  • November 15, 2018

    SEC Cracks Down On Alleged $3.3M Boiler Room Scheme

    The U.S. Securities and Exchange Commission sued a stock research firm and five individuals in New York federal court on Thursday, accusing them of orchestrating a $3.3 million boiler room scheme in which they aggressively solicited investors to buy artificially inflated shares of a health care management company.

  • November 15, 2018

    Judge Won't Quash AGs' Subpoenas In Generic Pricing MDL

    The New York and Connecticut attorneys general can keep sending subpoenas to drugmakers as part of their broader investigations into generic-drug price-fixing, a Pennsylvania federal judge has ruled, despite the drug companies’ concern the investigations were circumventing the discovery process for a sprawling multidistrict litigation.

  • November 15, 2018

    DOJ Cuts Deal With Hospital In Patient-Steering Suit

    The U.S. Department of Justice announced Thursday it has struck a deal with a North Carolina hospital system in the department’s suit alleging the health care network used its stronghold in the local market to keep major health insurers from informing patients about lower-cost hospitals.

  • November 15, 2018

    Insys Sales VP To Plead Guilty In Opioid Kickback Case

    A major player in an alleged conspiracy to bribe doctors to prescribe fentanyl-based drugs from the company Insys Therapeutics is prepared to plead guilty, prosecutors said Wednesday in a filing in Boston federal court.

  • November 14, 2018

    J&J Should Pay For Talc Devotee's Death, SC Jury Hears

    Johnson & Johnson should pay tens of millions of dollars in recompense for the life of a South Carolina lawyer who succumbed to mesothelioma at 30 after using talcum powder from birth, her husband's lawyers told a jury Wednesday at the close of a retrial in the case.

  • November 14, 2018

    High Court May Upend TCPA Litigation Landscape

    The U.S. Supreme Court's impending decision on how much deference courts should give to the Federal Communications Commission on the Telephone Consumer Protection Act is poised to change the way plaintiffs and defendants frame key issues that have fueled an explosion of litigation under the statute, attorneys say.

  • November 14, 2018

    Standard Too High On ND Drs. Group Merger, 8th Circ. Told

    A pair of North Dakota health-care providers urged an Eighth Circuit panel Tuesday to upend a preliminary injunction blocking their proposed merger, asserting in oral arguments that a federal judge improperly required them to show their tie-up would have no detrimental effect on competition.

  • November 14, 2018

    J&J Staves Off Asbestos Baby Powder Suit In Calif. Jury Win

    A California state jury found Wednesday that although Johnson & Johnson's baby powder contained asbestos and a manufacturing defect, it was not a substantial factor in causing a woman's malignant mesothelioma, ruling in favor of the pharmaceutical giant.

  • November 14, 2018

    DOJ Poised To Squeeze FCA Testimony From Anthem

    The U.S. Department of Justice is entitled to testimony from Anthem Inc. as part of a False Claims Act probe of potential Medicare Advantage fraud, a New York magistrate judge has decided.

  • November 14, 2018

    Okla. VA Immune From Genetic Bias Claim, Judge Says

    States are immune from suits alleging they violated a federal law blocking employers from discriminating against workers based on their or their family members’ genes, a federal judge said Tuesday in an order dismissing part of a nurse’s suit against the Oklahoma Department of Veterans Affairs.

  • November 14, 2018

    Texas Court Spikes Med-Mal Claim Over Vague Expert Report

    A Texas appeals court held Tuesday that a trial court erred when it declined to dismiss a malpractice suit against an orthopedic surgeon who allegedly failed to prevent a bacterial infection, saying an expert report did not support the claims.

  • November 14, 2018

    Texas Panel Tosses Claim Doc Tricked Mistress Into Abortion

    The former mistress of a doctor cannot bring claims alleging that the doctor lied to her about the health of the baby she was carrying and tricked her into getting an abortion because those are health care liability claims that needed an expert report to proceed, a Texas appellate court held Wednesday.

  • November 14, 2018

    AGs Can Try To Oppose Doctors' Settlement, NJ Judge Says

    Attorneys general from five states are allowed to file briefs challenging an $84 million class action settlement they say denies doctors the ability to pursue individual monetary damages over an American Osteopathic Association policy that ties board certification to membership, a New Jersey federal judge ruled Tuesday.

  • November 14, 2018

    Ropes & Gray Steers Medical Device Co.'s $56M IPO

    Venture-backed medical device company Vapotherm Inc. raised $56 million through an initial public offering that priced at the low end of its range late on Tuesday, represented by Ropes & Gray LLP while Latham & Watkins LLP advised the underwriters.

  • November 14, 2018

    Capgemini's $990K Deal Gets Final Nod In Benefits Dispute

    A $990,000 settlement resolving a class action accusing Capgemini North America Inc. of cheating Indian national employees out of health care insurance cleared its final hurdle Tuesday when an Illinois federal judge granted final approval.

  • November 14, 2018

    Judge Won't DQ Fla. Prosecutors In $1B Health Fraud Case

    A Florida federal judge on Tuesday denied a Miami businessman's bid to dismiss or disqualify the prosecution team in a $1 billion health care fraud case against him, but despite criticizing federal prosecutors' and agents' performance, the court rejected a magistrate's findings that they had acted in bad faith.

Expert Analysis

  • Q&A

    A Chat With Bryan Cave Innovation Chief Katie DeBord

    Katie DeBord

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP.

  • Press Pause Before Using Biometric Tech In The Workplace

    Robert Quackenboss

    As demonstrated by a recently filed class action against a hospital housekeeping company in Illinois federal court — Byczek v. Xanitos — the ever-changing legal landscape surrounding biometric data should give employers pause when considering its use in the workplace, say Robert Quackenboss and Madalyn Doucet of Hunton Andrews Kurth LLP.

  • Simple Secrets For Improving Your CLE

    Daniel Karon

    With few cases going to trial, many attorneys keep their oral-presentation skills sharp by teaching continuing legal education programs. To avoid giving a CLE that falls flat and damages your reputation, you must fashion a thoughtful message, control its presentation, and nail the beginning and ending, says Daniel Karon of Karon LLC.

  • 3rd-Party Releases Bring Chapter 11 Venue Considerations

    Samuel Schwartz

    Courts are increasingly upholding involuntary releases of third parties and nondebtors in bankruptcy, including recently in the case of Millennium Lab Holdings. This means parties should consider several factors when picking a venue for a Chapter 11 filing, say Samuel Schwartz and Kristina Perez of Brownstein Hyatt Farber Schreck LLP.

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • Employee Nonsolicitation Terms Now Likely Void In California

    Dylan Wiseman

    In AMN Healthcare v. Aya Healthcare Services, a California appellate court recently held that employee nonsolicitation agreements are void unless they fall within one of three statutory exceptions, clearing up uncertainty about their enforceability in the state, say Dylan Wiseman and Alexandra Grayner at Buchalter PC.

  • Shaping Health Care In America Through M&A And Innovation

    Mark Goran

    Research conducted by our firm explores two different kinds of health care transactions, shedding light on why they are occurring and areas where we expect to see future deals proliferate, say Mark Goran and Michael Dolan of Polsinelli PC.

  • State Net

    How The States Fared In The Midterms

    Lou Cannon

    Lou Cannon, editorial adviser and columnist at LexisNexis State Net Capitol Journal, dissects the results of the governor’s races and state legislative chambers in the 2018 midterm elections.

  • A Post-Election Survey Of The Health Care Ecosystem

    Andrew Bab

    Health care featured prominently in the 2018 midterm election campaign. Here, attorneys with Debevoise & Plimpton LLP offer thoughts on what the election results and a divided Congress mean for different sectors of the health care industry.

  • Top 10 Snap Observations From The 2018 Midterm Elections

    Frank Donatelli

    The just-completed midterm elections could be called the “cafeteria midterms,” because there was something for everyone. The results offered both encouragement and warnings for Democrats and Republicans looking to 2020, says Frank Donatelli of McGuireWoods Consulting LLC.