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Health
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June 11, 2025
Aetna Resolves Lipedema Patients' Coverage Class Action
Aetna has agreed to end a class action alleging it unlawfully refused to cover liposuction as a treatment for over two dozen patients afflicted with a rare chronic condition called lipedema, according to a Wednesday filing in California federal court.
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June 11, 2025
Cigna Accused Of Misusing $17M In 401(k) Forfeitures
Retirement plan participants and beneficiaries at Cigna say the company violated the Employee Retirement Income Security Act by using up to $17 million given up by participants who quit early to reduce the company's matching contributions, rather than using it to pay for the plan's administrative costs.
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June 11, 2025
Walmart Pharmacist Says Age, Disability Bias Led To Firing
A former pharmacy manager at a Massachusetts Walmart said he suffered age and disability discrimination following a stroke, then was wrongfully fired after more than 20 years with the retailer.
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June 11, 2025
Conn. Orthopedic Practice Faces Data Breach Class Claims
A March 2 data breach at a Connecticut orthopedic practice exposed the personal information and health data of an unknown number of patients to online hackers, a patient alleged in a proposed class action.
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June 11, 2025
Health Network Strikes Deal In Retirement Plan Forfeiture Suit
A Pennsylvania health system has settled a suit claiming it failed to tamp down on unnecessary expenses in its $1.1 billion retirement plan and used forfeited funds to cover its own contributions to the plan instead of using the abandoned cash to reduce fees.
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June 11, 2025
Oklahoma Pot Agency Wants Claims Tossed In Retaliation Suit
The Oklahoma Medical Marijuana Authority is urging a federal court to throw out Title VII and Age Discrimination in Employment Act claims in a suit by a former contract monitor who alleges she was fired for whistleblowing.
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June 10, 2025
Stewart's Newest Discretionary Denial Has Attys On Edge
The acting U.S. Patent and Trademark Office director's decision on Friday to reject patent challenges due to the petitioner's long-standing knowledge of a patent has many attorneys bracing for either a massive rise or dip in Patent Trial and Appeal Board filings.
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June 10, 2025
Ga. Justices Consider Tolling In Tongue Amputation Case
The Georgia Supreme Court on Tuesday considered whether the state's two-year statute of limitations applies to a lawsuit against Regency Hospital Co. and one of its nurses over claims that they neglected an allegedly incapacitated patient to the point that her tongue had to be amputated.
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June 10, 2025
States Sue To Block 23andMe From Selling DNA Data In Ch. 11
A bipartisan coalition of 28 attorneys general has sued 23andMe Inc. in Missouri bankruptcy court seeking to block the genetic-testing company from auctioning off its 15 million customers' personal genetic information without their explicit consent in its ongoing Chapter 11 proceeding.
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June 10, 2025
IT Co. Urges 1st Circ. To Affirm It's Blameless For Data Breach
An information security technology company urged the First Circuit on Tuesday to affirm that it isn't liable for a 2018 data breach that exposed confidential information of more than 277,000 of the medical device maker's patients, arguing that the insurer assignee of the device maker had no valid points.
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June 10, 2025
Amazon Can't Duck Suit Over Non-FDA Approved Supplements
Amazon must face a proposed class action alleging it sells non-FDA approved supplements touting health-related claims without mandatory disclaimers, after a Washington federal judge rejected the company's argument the plaintiffs lack standing to pursue claims over supplements they never bought, finding the plaintiffs allege a uniform, systematic marketing practice.
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June 10, 2025
Ala. Judge Orders Trans Health Org. To Publish Training Vids
In a case challenging Alabama's ban on gender-affirming care for youths, a federal judge this week ordered a trans health organization to publish video recordings of the group's conferences and a medical training course, after the group had sought to protect the content's confidentiality.
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June 10, 2025
9th Circ. Skeptical Oregon Hospital Merger Law Is Too Vague
A Ninth Circuit panel on Monday appeared skeptical of a hospital association's challenge to an Oregon law that grants a state agency broad power to block proposed healthcare consolidations to ensure equitable access to healthcare, with two of the three judges questioning whether federal law could limit the state's authority.
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June 10, 2025
Health Records Co. Looks To Toss Patient Data Access Case
PointClickCare is urging a Maryland federal court to toss a case seeking to force the medical records company to allow Real Time Medical Systems to access patient data with automated bots after the Fourth Circuit refused to lift an order requiring access while the case plays out.
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June 10, 2025
Healthcare, Tech-Focused SPAC Prices $220M IPO
Special purpose acquisition company Blue Water Acquisition Corp. III began trading on the Nasdaq on Tuesday after pricing its $220 million initial public offering.
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June 10, 2025
Pandemic Law Doesn't Protect Mich. Hospital In Bedsore Case
A Michigan appellate court has revived a lawsuit filed by the estate of an 88-year-old woman who died after developing a bedsore during the COVID-19 pandemic, finding that a state law shielding hospitals from pandemic liability didn't apply because the woman wasn't treated for the virus.
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June 10, 2025
3rd Circ. Upholds NFL Case Findings On Censured Atty
The Third Circuit on Tuesday affirmed a Pennsylvania federal judge's ruling that an attorney representing former NFL players seeking concussion litigation settlement proceeds made "material misrepresentations and omissions" concerning medical records during the claims process, for which he was censured by the lower court.
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June 09, 2025
Judge Rebukes Navy Vet's Counsel In VA Malpractice Trial
A Washington federal judge narrowed the scope of a Navy veteran's medical malpractice case against the federal government on Monday, chiding her counsel for trying to change a years-old expert opinion on the eve of a long-awaited bench trial and "wasting" time on unnecessary questioning.
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June 09, 2025
RFK Jr. Fires CDC's Entire 17-Member Vaccine Advisory Panel
The U.S. Department of Health and Human Services announced Monday that Secretary Robert F. Kennedy Jr. removed every member of the committee that provides advice and guidance on the use of vaccines to the Centers for Disease Control and Prevention, pledging to replace them with his preferred picks.
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June 09, 2025
Trump Orders Targeting DEI, LGBTQ+ Funding Partly Blocked
A California federal judge Monday blocked portions of President Donald Trump's executive orders targeting diversity and inclusion policies and programs serving the LGBTQ+ community, saying a group of nonprofits is likely to succeed in showing that stripping their federal funding violates their constitutional rights.
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June 09, 2025
Okla. Says High Court Shouldn't Skip 10th Circ. PBM Ruling
Oklahoma told the U.S. Supreme Court the federal government wrongly suggested that the justices bypass the state's challenge to a Tenth Circuit decision nullifying parts of a state law regulating pharmacy benefit managers, arguing Monday that the solicitor general doesn't recognize the magnitude of the issue.
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June 09, 2025
Veteran Appeals VA Discontinuation Of Trans Health Coverage
A transgender woman urged a veterans appeals court Monday to find that the Veterans Health Administration is wrongly refusing to refill her prescriptions for hormone therapy following a federal notice discontinuing gender-affirming care for veterans.
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June 09, 2025
Aetna Inks $3.4M Deal In Suit Over Cancer Treatment Denials
Aetna has agreed to pay at least $3.4 million to resolve a proposed class action claiming it shirked federal benefits law by mischaracterizing a proton beam cancer radiation treatment as experimental to deny claims, according to a Florida federal court filing.
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June 09, 2025
Doc Says WWE Accuser's Firm Ignored Defamation Suit
A celebrity doctor and his practice are seeking a default win in Connecticut federal court Monday against an allegedly nonresponsive law firm over comments a partner made amid a discovery dispute connected to the sexual abuse case a former World Wrestling Entertainment legal staffer is pursuing against the company and its co-founder.
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June 09, 2025
'Substantial' Fraud Risk Keeps PruittHealth Breach Suit Alive
A Georgia federal judge said Monday that he would allow a putative data breach class action against southeastern healthcare provider PruittHealth to go forward in part, ruling that a former employee plausibly claimed she faced the threat of identity theft even if it had not happened to her yet.
Expert Analysis
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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What's Next For Lab Test Regulation Without FDA Authority
A recent Texas federal court decision vacating the U.S. Food and Drug Administration's final rule that would apply FDA regulations to laboratory-developed tests signals potential positive impacts in the diagnostic space, and could inspire more healthcare entities to litigate against the government, say attorneys at Hooper Lundy.
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11 Tips For Contractors Dealing With DOD Staff Reductions
Defense contractors should prepare for a wide range of disruptions related to procurement and contract administration that are likely amid federal workforce reductions, say attorneys at Covington.
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GC Nominee Likely Has Employer-Friendly NLRB Priorities
President Donald Trump’s nomination of Crystal Carey as general counsel of the National Labor Relations Board indicates the administration's intent to revive precedents favorable to employers, including expansion of permissible employer speech and reinstatement of procedural steps needed for employees to achieve unionization, say attorneys at Vorys.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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6 Criteria Can Help Assess Executive Branch Actions
With new executive policy changes announced seemingly every day, several questions can help courts, policymakers and businesses determine whether such actions are proper, effective and in keeping with our democratic norms, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.
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Learning From COVID-19 Enforcement Against Nursing Homes
Five years after the COVID-19 outbreak caused a high number of deaths in nursing homes, an examination of enforcement actions against nursing homes in New York and elsewhere in the country highlights obstacles that may arise when bringing cases of this type, and ways to overcome them, says Kenneth Levine at Stone & Magnanini.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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How Plan Sponsors Can Mitigate Risk In PBM Contracts
A recent lawsuit in New York federal court alleges that JPMorgan caused exorbitant prescription costs by mishandling the pharmacy benefit manager arrangement, adding to a growing body of Employee Retirement Income Security Act fiduciary breach litigation and affirming that fiduciaries must proactively manage their healthcare plan vendors, say attorneys at Hall Benefits Law.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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6 Ways The Dole Act Alters USERRA Employment Protections
The recently passed Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act continues a long-standing trend of periodically increasing the scope of the Uniformed Services Employment and Reemployment Rights Act, expanding civilian employment rights for service members and veterans with some of the most significant changes yet, say attorneys at Littler.