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Health

  • January 18, 2019

    Injured Plaintiffs, Families Hurt Again By Gov't Shutdown

    Cash-strapped plaintiffs and their families suing the federal government for medical malpractice are among those adversely affected by the ongoing government shutdown, which has become yet another hurdle preventing them from having their day in court, their attorneys said.

  • January 18, 2019

    Drug Distributors Can't Appeal RICO Ruling In Opioid MDL

    An Ohio federal judge on Friday blocked drug distributors from trying again to keep racketeering allegations out of a bellwether trial in the opioid multidistrict litigation, rejecting assertions that enormous damages associated with racketeering will hinder settlement talks.

  • January 18, 2019

    Security Guards Hit NYU Hospitals With Wage-And-Hour Suit

    New York University’s teaching hospitals failed to fully compensate security guards for overtime work and skimped on pay for required duties before and after shifts, according to a putative class action filed Friday in New York state court.

  • January 18, 2019

    HHS Condemns Null Calif. Abortion Law As Discriminatory

    The U.S. Department of Health and Human Services chided California on Friday over a court-invalidated state law that had required pregnancy resource centers to post information about abortion services, saying it flouted federal statutes barring discrimination against anti-abortion providers.

  • January 18, 2019

    UnitedHealth Sues Generic-Drug Makers For Price-Fixing

    Health insurance giant United HealthCare Services Inc. has slapped a host of generic-drug makers with a sprawling lawsuit in Minnesota federal court alleging they conspired to hike prices on a range of medications and saying “collusion in the generic pharmaceutical industry is well established at this point.”

  • January 18, 2019

    Dockworkers’ $4.1M ERISA Suit Lacks Facts, Plan Tells Court

    Providers of a West Coast health and welfare plan urged a California federal court on Thursday to dismiss a group of dockworkers' suit over $4.1 million in unpaid health-care claims, arguing that the group's allegations aren't backed up by facts and that some of the workers had already fought out the issue in arbitration.

  • January 18, 2019

    Real Estate Rumors: Lennar, Baptist Health, Bridge

    Lennar has reportedly paid $17 million for a Miami development site, Baptist Health South Florida is said to have bought a former Toys R Us store for $15.8 million, and Bridge Development Partners has reportedly dropped $68 million on a Los Angeles warehouse complex.

  • January 18, 2019

    Texas Can Cut Planned Parenthood From Medicaid: 5th Circ.

    The Fifth Circuit has vacated an injunction barring Texas from excluding Planned Parenthood affiliates from Medicaid based on graphic videos released by an anti-abortion group, saying the district court judge used the wrong standard and ignored the administrative record.

  • January 18, 2019

    Faulty Notice Sinks NJ Couple’s Heart Attack Suit

    A New Jersey appeals court declined Thursday to revive medical malpractice claims against a Rowan University-employed surgeon, saying the couple suing failed to provide proper notice of who was in their crosshairs.

  • January 18, 2019

    Fla. Co. Soured Clients On Ex-Contractor, $110M Suit Says

    A former independent contractor for Florida-based health care management consulting company CareOptimize filed a $110 million suit Thursday accusing the company of ruining her relationships with clients by telling them she was subject to noncompete agreements and that she was sick and could not work.

  • January 18, 2019

    Theranos Execs' Days Of Reckoning Draw Nearer

    The dissolution of Theranos Inc. hasn’t ended legal troubles for ex-leaders of the wannabe bloodwork disruptor, who are getting closer to climactic trials in fraud suits brought by prosecutors, consumers and securities enforcers. Here, Law360 updates attorneys on criminal and civil cases threatening former executives of the onetime Silicon Valley juggernaut.

  • January 18, 2019

    Judge Orders Blue Cross Attys To Shape Up In Antitrust MDL

    The Alabama federal judge overseeing sweeping antitrust litigation against the Blue Cross Blue Shield network has said he can no longer wait for the insurance giant’s army of lawyers to marshal themselves into a more manageable group, ordering a dozen attorneys into a "Council of Twelve" to streamline a leadership plan.

  • January 18, 2019

    Texas Justices To Take On Nursing Pay Dispute

    The Texas Supreme Court said Friday it will hear oral arguments in a case in which a McAllen hospital claims lower courts have wrongly sided with its nurse supervisors in a pay dispute by treating their annual performance evaluations as employment contracts that set an annual salary.

  • January 18, 2019

    1st Circ. Sides With NPR In Push For Juror Addresses

    A First Circuit panel ruled Friday that the media should be allowed access to juror names and addresses after a trial concludes, siding with a National Public Radio station in Boston that was denied that information after the conviction of New England Compounding Center pharmacist Glenn Chin.

  • January 18, 2019

    Health Hires: Norton Rose, K&L Gates, Fox Rothschild

    In this round of Health Hires, Norton Rose Fulbright, K&L Gates LLP, Fox Rothschild LLP and Buchanan Ingersoll & Rooney PC all brought on new health care attorneys, and chronic wound care service provider Healogics named its general counsel.

  • January 18, 2019

    Final IRS Pass-Through Deduction Rules Snub Team Owners

    The Internal Revenue Service rejected pleas from the Major League Baseball commissioner and others to allow sports franchise owners to qualify for a new 20 percent tax deduction for pass-through businesses, under final regulations released Friday.

  • January 18, 2019

    Miss. Justices Say KPMG Can't Arbitrate County’s Audit Row

    The Mississippi Supreme Court has ruled KPMG LLP can't kick to arbitration a county's suit over an $88 million accounting error, the latest event in a larger battle relating to the underfunding of an employee pension plan for a county-owned hospital system.

  • January 17, 2019

    Spectrum Adds Shutdown To Deal Clock, Others Could Follow

    With the partial government shutdown in its fourth week, Spectrum Pharmaceuticals Inc. and Acrotech Biopharma LLC incorporated protection against the delay of required regulatory approvals into Thursday's announced contract for a drug portfolio sale, a move other dealmakers will likely follow even after the shutdown ends.

  • January 17, 2019

    NYC Adds Sacklers, Drugstore Chains To Opioid Suit

    New York City has added members of the family that controls OxyContin developer Purdue Pharma LP and four major pharmaceutical retailers to its suit alleging drugmakers and distributors misrepresented the safety of their opioids to drive sales.

  • January 17, 2019

    Ex-VA Head Had Staffer Chauffeur His Wife, Watchdog Says

    Former Veterans Affairs Secretary David Shulkin's use of his driver to transport his wife, sometimes while the driver was off the clock, constituted an ethics violation, according to a VA Office of Inspector General report Thursday that also cleared Shulkin of some allegations that he misused his security detail.

Expert Analysis

  • Settlement Counsel Key For Efficient Mass Tort Resolution

    J. Stephen Bennett

    Team-based specialization in mass tort litigation defense allows each member to draw on individual strengths, maximizing their contribution. A core tenet of this approach is using settlement counsel to focus on strategic initiatives and end-game resolution efforts, separate from the heated battle lines of the litigation, say attorneys at Faegre Baker Daniels.

  • Hospitals Have Hope As Justices Mull Medicare Case

    Mark Polston

    U.S. Supreme Court oral arguments in Azar v. Allina Health Services seemed to favor a ruling that could mean billions of dollars in additional Medicare payments to many hospitals. But the case also could significantly affect Centers for Medicare & Medicaid Services operations, say Mark Polston and Matthew Horton of King & Spalding LLP.

  • Diversity's Next Step: Developing Minority Partners

    Chris King.jpg

    The lack of minority partners comes at a high cost to firms, say attorneys at Lightfoot Franklin & White LLC, as they suggest several practical ways to tackle this problem.

  • Takeaways From NJ Bulletin On Out-Of-Network Health Care

    Cynthia Borrelli

    The New Jersey Department of Banking and Insurance has released a bulletin clarifying its law designed to protect consumers from "hidden" out-of-network health providers, but many questions still remain, say Cynthia Borrelli and Michael Morris of Bressler Amery & Ross PC.

  • A 2019 Field Guide To Calif. Class Actions

    William Stern

    For those navigating the California class action landscape in 2019, it pays to know what happened in 2018. William Stern of Covington & Burling LLP looks back at the most important developments and discusses what to expect going forward.

  • 2018 Trends In HHS Corporate Integrity Agreements

    John Bentivoglio

    The Office of Inspector General at the U.S. Department of Health and Human Services entered into only 37 new corporate integrity agreements last year — the lowest number since 2012 — but it was an important year on the policy front, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • What Conn. Opioid Ruling Means For Liability Insurers

    Patrick Bedell

    In New Haven v. Purdue, a Connecticut state judge ruled last week that opioid manufacturers are not liable for cities' emergency and social services costs. This decision protects liability insurance from being transformed into a funding mechanism for social problems that it was not designed to cover, say Patrick Bedell and Kevin Harris of BatesCarey LLP.

  • 5 Lessons From State AGs' HIPAA Data Breach Suit

    Hanley Chew

    The allegations in State of Indiana v. Medical Informatics Engineering — the first federal lawsuit filed by multiple state attorneys general over a data breach based upon alleged Health Insurance Portability and Accountability Act violations — provide some guidance on adequate network security, say Hanley Chew and Tyler Newby of Fenwick & West LLP.