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Health

  • June 18, 2019

    Bernstein Litowitz Seeks $11M In Fees For $45M Waste Deal

    Bernstein Litowitz asked an Illinois federal court Monday to approve $11 million in fees for its work as lead counsel in negotiating a $45 million settlement over stockholders’ claims that a solid waste hauler overstated projected earnings by ripping off customers with illegal fees.

  • June 18, 2019

    Added Details Keep Mass. Hospital Overbilling Claims Alive

    A former anesthesiologist at Massachusetts General Hospital has provided enough detail to suggest the hospital may have overbilled Medicare and Medicaid for time patients spent in surgery without a teaching physician in the room, a federal judge ruled Monday in allowing a False Claims Act suit to proceed.

  • June 17, 2019

    J&J Asks Okla. Judge To Strike 'Partisan' Opioid Expert

    Johnson & Johnson urged an Oklahoma judge Monday to strike a Brandeis University opioid expert's nearly six days of testimony in the state's trailblazing trial seeking to hold the drugmaker liable for the opioid crisis, arguing that the doctor acted as a "partisan advocate" rather than an expert witness.

  • June 17, 2019

    NJ Law Firm Influenced Tax Breaks For Clients, Report Says

    New Jersey law firm Parker McCay PA helped author legislation that paved the way for millions in tax breaks for clients such as the insurance brokerage owned by political powerbroker George E. Norcross III, according to a Gov. Phil Murphy-commissioned report released Monday just moments after a judge refused to block it.

  • June 17, 2019

    Pa. 'Fountain Of Youth' Doc Convicted In $13M Billing Scheme

    A Pittsburgh federal jury convicted a cardiologist Friday on two fraud counts linked to some $13 million in alleged fraudulent insurance billings for an angina treatment that he expanded to a nonangina patient pool and advertised as a "fountain of youth."

  • June 17, 2019

    UPMC Used Nonprofit Funds On For-Profit Biz, Insurer Says

    An insurance company said the University of Pittsburgh Medical Center was violating Pennsylvania law by using its nonprofit health care division to strong-arm employers into subscribing to its for-profit insurance subsidiaries, according to a complaint filed Friday with the Pennsylvania Department of State.

  • June 17, 2019

    NY Panel Nixes Doc's Trial Win In Perforated Bowel Suit

    A New York appellate panel has ordered a new trial in a suit accusing a surgeon of failing to find a woman's bowel perforation during surgery, which caused her to suffer multiple organ failures, saying the jury verdict clearing the doctor is against the weight of the evidence.

  • June 17, 2019

    Allergan Hid Breast Implants' Cancer Risks, Suit Says

    A Colorado woman who says her Allergan silicone breast implants caused her lymphoma has sued the pharmaceutical company in federal court, claiming it knew of a link between a type of cancer and the implants but did nothing to warn patients.

  • June 17, 2019

    DOJ Addicted To Failed FCA Theory, Hospital Chain Says

    The U.S. Department of Justice is clinging to a discredited False Claims Act theory that improperly imposes stricter billing standards in privately run Medicare Advantage than traditional government-run Medicare, California hospital chain Sutter Health said Friday.

  • June 17, 2019

    Deals Rumor Mill: Enterprise Products, ArisGlobal, Bayer

    Enterprise Products Partners reportedly wants to sell its stake in a South Texas oil terminal, Nordic Capital is said to be buying a majority stake in ArisGlobal, and Fosun International might bid for the animal health unit of pharmaceutical giant Bayer.

  • June 17, 2019

    Mylan Escapes Novartis MS Drug Patent Suit

    Mylan Pharmaceuticals Inc. was able to evade a patent suit from Novartis seeking to block generic versions of its multiple sclerosis drug Gilenya when a judge said Monday that Delaware federal court isn't the right venue for the case.

  • June 17, 2019

    Insys Hit With Nationwide Opioid Class Claim In Ch. 11

    Bankrupt Insys Therapeutics was hit Monday with a motion seeking recognition of a proposed nationwide class of privately insured consumers, who say the "scourge of opioid abuse" unleashed by the opioid maker jacked up their premiums.

  • June 17, 2019

    HVAC Contractor Seeks $37M For Texas Hospital Work

    A contractor is seeking $37 million in damages for unpaid heating, ventilation and air conditioning installation work at a Houston medical center, alleging in a state court filing Friday that the project manager's "authoritarian management style" caused significant delays.

  • June 17, 2019

    Fla. Justices Split Attys With New Expert Witness Standard

    Injury defense attorneys in Florida were pleasantly surprised by the state high court's recent adoption of the federal Daubert standard for expert witness testimony, saying it provides parties with a mechanism to challenge conclusory expert opinions, but the plaintiffs bar warned that the out-of-the-blue shift could drive up costs and lead to frivolous litigation.

  • June 17, 2019

    High Court Won't Review Block On ACA Birth Control Rules

    The U.S. Supreme Court on Monday turned away a bid by the Trump administration and a religious group for review of a block on interim rules that exempted employers with religious objections from providing birth control coverage required by the Affordable Care Act.

  • June 17, 2019

    Benefits Software Biz Collective Health Nabs $205M Fundraise

    Health insurance software company Collective Health on Monday said investors led by SoftBank's Vision Fund poured $205 million into the company as it looks to reach new employers and roll out new capabilities in its effort to improve efficiency in the health benefit management space.

  • June 17, 2019

    Insurer Can Recoup $1M From Rehab Co. In Policy Dispute

    A California federal judge has found that the Philadelphia Insurance Indemnity Co. has the right to recover a $1 million payment it made toward an addiction treatment company's settlement of a suit over the death of a sober living home resident who overdosed on heroin.

  • June 17, 2019

    15 Minutes With CVS Health's General Counsel

    The moment that CVS Health general counsel Tom Moriarty is most proud of as a lawyer was the November completion of the company's acquisition of Aetna. Here, he discusses the benefits of the possible combined organization and his role in the company's 2014 decision to end the sale of cigarettes and tobacco products.

  • June 14, 2019

    Employers May Limit Unions' Worksite Actions, NLRB Says

    The National Labor Relations Board ruled Friday that employers can ban union representatives from organizing in areas of their property open to the public, upending a nearly four-decade old standard in finding that a Pennsylvania hospital legally kicked organizers out of a cafeteria.

  • June 14, 2019

    3 Takeaways As 'Negotiation Class' Idea Jolts Opioid MDL

    An unconventional move Friday to resolve multidistrict opioid litigation by unifying local governments in a “negotiation class” could be an inflection point for the bruising legal slugfest targeting drug companies, although class certification isn’t a sure thing. Here, Law360 explores three key takeaways from the high-stakes maneuver.

  • June 14, 2019

    J&J Presses Expert On 'Opioid Mafia' Claim In Okla. Trial

    A Johnson & Johnson attorney on Friday interrogated an opioid policy expert on his claim that a lobbying group J&J belonged to, the Pain Care Forum, was the “opioid mafia,” questioning whether the group’s other members, including nursing associations and the American Cancer Society, were all under opioid makers’ spell.

  • June 14, 2019

    HCA Healthcare Pushes To Sink ER 'Cover Charges' Suit

    HCA Healthcare and several of its affiliates said Friday that a proposed class action alleging they hit Florida emergency room patients with deceptive, undisclosed "cover charges" is nothing but a "shotgun pleading" that lacks specific claims because there is no actual controversy.

  • June 14, 2019

    Patient Attys Slam 3M's Contempt Bid Over Unsealed Docs

    Three attorneys accused by 3M Co. of sharing confidential information have urged a Minnesota federal court to not hold them in contempt, arguing the Minnesota-based company failed to substantiate its claims against them in multidistrict litigation over a post-surgery patient warming device.

  • June 14, 2019

    Calif. Escapes Out-Of-Network Billing Law Challenge For Now

    A California federal judge has tossed a suit challenging a state law aimed at protecting patients from unanticipated medical bills for out-of-network health treatment, but gave the advocacy group that filed the case one last shot at amending the suit.

  • June 14, 2019

    NJ Justices To Review Doc's Liability In Cancer Death Suit

    The New Jersey Supreme Court has said it will evaluate a state appellate ruling that a gynecologist may be held financially liable on a third-party basis over a woman’s cancer death even though her widower did not sue the doctor in a medical malpractice action against Quest Diagnostics.

Expert Analysis

  • How Purdue Opioid Win Could Bolster J&J In Okla. Trial

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    North Dakota's consumer fraud and public nuisance claims against opioid manufacturer Purdue Pharma were recently dismissed by a state court. The decision provides a framework for opioid defendants to challenge similar allegations in other jurisdictions, and may prove timely for Johnson & Johnson in its current Oklahoma trial, says Cameron Turner of Segal McCambridge.

  • Government Contractor Compliance: 1 Size Can’t Fit All

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    Contractors that do business with federal, state and local government entities face an interesting — and intensifying — predicament: How to develop a comprehensive yet straightforward compliance program that satisfies varying laws in varying jurisdictions, say Jeniffer Roberts and Katherine Veeder at Alston & Bird.

  • 5 Ways Law Firms Can Improve Their Job Interviews

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    When evaluating potential new hires, law firms should utilize structured interviews in order to create a consistent rating system that accurately and effectively assesses candidates' skills and competencies, says Jennifer Henderson of Major Lindsey.

  • Employer Options For White Collar Contractors After Dynamex

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    Though multiple worker classification questions still swirl around the California Supreme Court's Dynamex decision, many have wondered what it means for white collar independent contractors. The law is still murky on this point, but there are several steps that might help hiring companies rebut a misclassification claim, say Raymond Bertrand and James de Haan at Paul Hastings.

  • State Net

    State Efforts To Rein In Drug Costs Have Mixed Success

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    Reducing the soaring costs of commonly used prescription drugs has become a political priority in the nation’s statehouses. But thus far, states have done better at increasing transparency around drug pricing than at actually lowering prices, says Lou Cannon of State Net Capitol Journal.

  • How To Streamline Virtual Law Team Mass Tort Defense

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    A primary benefit of the virtual law team in mass tort litigation is creative collaboration. A "company case" approach is essential to breaking down the silos between team members, say attorneys at FaegreBD and Reed Smith.

  • Opinion

    Calif. 'Surprise Billing' Law Could Jeopardize Access To Care

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    Currently pending legislation in California, aiming to prevent patients from receiving surprise bills from out-of-network hospitals, could jeopardize the financial viability of hospitals while benefiting insurance companies that are already very profitable, say Daron Tooch of King & Spalding and Chris Fritz and Michael Heil of HealthWorks.

  • What's Ahead For LGBTQ Rights Legislation

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    The U.S. House of Representatives recently passed the Equality Act to amend various civil rights laws for explicit inclusion of sexual orientation and gender identity as protected characteristics. However, critics have raised several concerns and the bill faces tougher odds in the Senate, say Jason Brown and Robert Quackenboss at Hunton.

  • The SEC Is Cracking Down On Insider Trading By Lawyers

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    A recent series of actions brought by the U.S. Securities and Exchange Commission suggests that insider trading by lawyers may be on the rise. Legal departments and law firms should understand the four types of cases the SEC is pursuing in this area, says Daniel Hawke of Arnold & Porter.

  • Series

    Why I Became A Lawyer: A Fateful Phone Call

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    When I was growing up, my mother was always the more mild-mannered parent. But during a trans-Atlantic phone call in 1991, when I told her I wanted to go to culinary school instead of law school, she started yelling — at a volume I had never heard from her, says Jason Brookner of Gray Reed.

  • Law Firms Can Do Better With Their Mentoring Programs

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    There are a few practical, proactive steps law firms can take to create a mentoring program that pays dividends — instead of creating a mediocre program that both parties see as an obligation, says Kate Sheikh of Major Lindsey & Africa.

  • IP's Developing Role In Cannabis Business Strategy

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    Several recent cannabis-related legal developments suggest that properly secured, federally protected intellectual property is both available and enforceable for the industry, say attorneys at Sterne Kessler.

  • The Latest Developments In Criminal Cases Against Execs

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    This spring, there was some noteworthy news in white collar government investigations impacting executives, including the first successful prosecution in the opioid bribery scheme and the first criminal charges for failure to report under the Consumer Product Safety Act, say attorneys at Miller & Chevalier.

  • 'Rocket Docket' Justifies Its Name For 11th Straight Year

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    The U.S. District Court for the Eastern District of Virginia “rocket docket” is still the fastest federal civil trial court in the country despite some recent trends causing its median time to trial to grow to 13.2 months, says Robert Tata of Hunton.

  • Why Bellwethers Matter In The Opioid MDL

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    The prescription opioid multidistrict litigation pending before U.S. District Judge Dan Polster in Ohio demonstrates both how hard selecting bellwethers is, and why they must be selected so carefully, say Sarah Angelino and Stephen Copenhaver of Schiff Hardin.