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Health

  • August 20, 2018

    Court Finds Hospital Worker Didn't Follow Steps In Wage Row

    The Massachusetts Appeals Court affirmed the dismissal of a state employee's wage suit against Lemuel Shattuck Hospital, agreeing Monday with a lower court's finding that she failed to exhaust the grievance process and lacked authority to file her overtime nonpayment claims under state law.

  • August 20, 2018

    RJ Reynolds Hit With $2M Verdict In Smoking Death Suit

    A Florida state jury found R.J. Reynolds Tobacco Co. partially at fault for the death of a lifelong smoker who succumbed to laryngeal cancer, returning a $2 million verdict, according to court records.

  • August 20, 2018

    6th Circ. Says GE Retirees' Health Benefits Didn't Vest For Life

    The Sixth Circuit has upheld General Electric Co.’s win in an Employee Retirement Income Security Act suit alleging that its retirees were owed health care benefits under a collective bargaining agreement, holding that the circuit’s controlling case law required a finding that the benefits hadn’t vested for life.

  • August 20, 2018

    CVS, Rite Aid Hit AbbVie With Antitrust Suit Over AndroGel

    CVS Pharmacy Inc. and Rite Aid Corp. have joined the slew of antitrust lawsuits against AndroGel maker AbbVie Inc. and its affiliates and are seeking triple damages against the company for allegedly delaying the availability of cheaper generic drugs through patent lawsuits.

  • August 20, 2018

    VA Chief Rescinds Some Bargaining Rights For Union Staff

    U.S. Department of Veterans Affairs employees can no longer use their collective bargaining rights to negotiate on certain professional conduct and patient care issues after VA Secretary Robert Wilkie rescinded a related memorandum of understanding, the VA announced.

  • August 20, 2018

    DC Circ. Denies PETA Some Info On Primate Imports

    The U.S. Department of Health and Human Services is allowed to redact certain information about the importation of primates in documents requested by People for the Ethical Treatment of Animals, the D.C. Circuit has ruled, concluding that PETA cannot force the government to reveal confidential data that would cause importers competitive injury.

  • August 20, 2018

    California Diaper Co. Can't Dodge Massachusetts FCA Suit

    The largest supplier of adult diapers and other incontinence products to patients covered by California’s Medicaid program cannot prevail over a False Claims Act case just because the company settled similar allegations years ago, a Massachusetts federal judge has ruled.

  • August 20, 2018

    EU Clears $70B Linde-Praxair Deal With Divestitures

    The European Commission on Monday said it cleared German gas giant Linde AG’s planned $70 billion merger with Praxair Inc. after the companies agreed to sell off assets and businesses to assuage concerns that the tie-up would hamper competition on the continent.

  • August 17, 2018

    Nationwide Ban OK For Trump Birth Control Rules, States Say

    Five states challenging Trump administration rules exempting employers from providing health care coverage for birth control due to moral or religious objections said the Ninth Circuit could uphold a nationwide injunction on the policy, arguing a recent ruling ending a national bar on the president's sanctuary city policy didn't mean all broad injunctions must be scrapped.

  • August 17, 2018

    Lincare Inks $5M FCA Kickbacks Deal Over Waived Copays

    Oxygen therapy giant Lincare Inc. will pay $5.25 million to resolve whistleblower allegations that it flouted the False Claims Act by paying kickbacks in the form of waived copayments owed by Medicare Advantage beneficiaries, the U.S. Department of Justice has announced.

  • August 17, 2018

    Ex-Constellation CEO Says He Is Victim In Stock Fraud Suit

    The ex-CEO of bankrupt Constellation Healthcare Technologies Inc. Thursday asked a New Jersey federal court to dismiss claims he engaged in securities fraud, alleging he is the victim of an investor’s takeover scheme.

  • August 17, 2018

    Setbacks Shake Up Fla.'s Medical Marijuana Rollout

    A series of recent court losses and the resignation of the state's medical marijuana chief threatens to upend Florida's efforts for gradual, carefully controlled legalization of the drug and has raised a multitude of questions about how one of the nation's potentially largest markets will take shape.

  • August 17, 2018

    Health Hires: Dorsey & Whitney, DLA Piper, Epstein Becker

    Dorsey & Whitney LLP, DLA Piper, Epstein Becker Green, Spencer Fane LLP, Minerva Neurosciences and Carlton Fields are among the latest firms to boost their health and life sciences offerings with new hires. 

  • August 17, 2018

    Ex-Katten Atty Gets 18 Months In Prison For Shkreli Fraud

    Former Katten Muchin Rosenman LLP attorney Evan Greebel on Friday was sentenced to 18 months in prison over allegations that he aided now-imprisoned former pharmaceutical executive Martin Shkreli in defrauding Retrophin Inc.

  • August 17, 2018

    Taxation With Representation: Akin Gump, Wachtell, Kirkland

    In this week’s Taxation With Representation, Diamondback snapped up Energen for $9.2 billion, Federal Street Acquisition Corp. bought Universal Hospital Services for $1.7 billion, Cabot Microelectronics Corp. bought KMG Chemicals for $1.6 billion and Best Buy acquired GreatCall for $800 million.

  • August 16, 2018

    Will Law Schools Start Counting ‘Generation ADA’?

    No one is tracking law students with disabilities to see where the education system may be failing them, but some advocates are working to change this dynamic and build a better pipeline.

  • August 16, 2018

    VA Agent Orange Policy Fight To Get Full Fed Circ. Hearing

    The full Federal Circuit on Thursday agreed to consider whether the U.S. Department of Veterans Affairs has wrongly excluded “blue water” Navy veterans from benefits related to exposure to the notorious defoliant Agent Orange during the Vietnam War, roughly a decade after a court panel had backed the agency's stance.

  • August 16, 2018

    Antitrust Suit Against Walgreens, Benefits Manager Tossed

    An Illinois federal judge Thursday nixed a Chicago pharmacy's antitrust suit alleging a pharmacy benefits manager joined with Walgreen Co. to lock it out of Medicaid and Medicare payments, saying the pharmacy failed to show how the partnership imposed a restraint on trade.

  • August 16, 2018

    FDA Clears First EpiPen Generic, Made By Teva

    The U.S. Food and Drug Administration on Thursday approved Teva Pharmaceuticals USA’s long-anticipated generic of the EpiPen, Mylan NV’s emergency allergy treatment, making it the first generic of the drug-device combination to get the agency's green light.

  • August 16, 2018

    DEA To Cut Drugmaker Production Of Most-Abused Opioids

    The U.S. Drug Enforcement Administration on Thursday moved to curtail drugmaker production of the most commonly abused prescription opioids, saying the cut will inhibit illicit sales of narcotic painkillers.

Expert Analysis

  • The 'Post-Fact' Jury In The 'Fake News' Era

    Ross Laguzza

    The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.

  • DOJ's New Policy On FCA Dismissals Highlights Circuit Split

    Nicholas Peterson

    A January memo suggested the U.S. Department of Justice may now be more willing to dismiss False Claims Act qui tam actions over the objections of relators. Defendants should familiarize themselves with an outstanding circuit split over the extent of the government’s dismissal authority, say Nicholas Peterson and Madeline Cohen of Wiley Rein LLP.

  • Peering Behind The Peer Review Curtain

    William Childs

    The U.S. Supreme Court's opinion in Daubert v. Merrell Dow Pharmaceuticals specified peer review as one criterion for evaluating scientific evidence. But not all peer review is created equal, and sometimes additional exploration — whether through discovery into your adversaries’ experts, or early investigation of your own potential experts — may make sense, says William Childs of Bowman and Brooke LLP.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • Distributors Expose Health, Life Sci Cos. To FCPA Risks

    Mimi Yang

    All companies operating abroad should be aware of potential liability under the Foreign Corrupt Practices Act and other anti-corruption laws, but health care and life sciences companies are at greater risk due to the nature of their products and their reliance on third-party distributors in international markets, say attorneys at Ropes & Gray LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Awaiting Clarity On Fluctuating Workweek In Pa.

    Jeffrey Cadle

    Now that the Pennsylvania Supreme Court has allowed the state Superior Court's decision in Chevalier v. General Nutrition Centers to be appealed, it is possible that the fluctuating workweek method — an alternative for employers to calculate overtime pay for salaried employees — could be explicitly adopted in the state, says Jeffrey Cadle of Obermayer Rebmann Maxwell & Hippel LLP.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.