Health

  • May 29, 2025

    Judge Trims Most, But Not All, Of Grifols Suit Over Share Price

    A New York federal judge Thursday tossed several defamation claims made by Spanish healthcare company Grifols SA against short seller Gotham City Research, finding that the claims are opinions and therefore inactionable, while keeping alive a claim tied to statements in the report that Grifols failed to disclose a $95 million loan, finding it was a factual statement.

  • May 29, 2025

    Panel Clears Hospital Of Contempt In 'Audit Trail' Dispute

    An Illinois appeals court on Thursday vacated a trial court's finding of contempt against a hospital in a suit over a newborn's injuries, saying there was insufficient evidence that a certain type of "audit trail" metadata existed in electronic health records.

  • May 29, 2025

    Ga. BCBS Says Providers Are Gaming Billing Dispute System

    Blue Cross Blue Shield of Georgia has accused a healthcare consulting firm and a handful of Peach State providers of systematic abuse of a federal dispute resolution process for surprise medical bills, accusing them of "flooding" the system with bogus dispute claims.

  • May 29, 2025

    Express Scripts Says Arkansas Can't Ban PBM Pharmacies

    Pharmacy benefits manager Express Scripts sued the state of Arkansas in federal court Thursday, alleging that the state's recently enacted law banning PBMs from owning pharmacies in the state violated the U.S. Constitution and ran afoul of federal law governing military employee benefits.

  • May 29, 2025

    Monsanto Won't Get Damages Offset In $100M PCB Tort Loss

    A Washington state judge has denied Monsanto's bid to reduce the latest $100 million verdict in a chemical poisoning tort series that's yielded more than $1 billion in punitive damages, concluding that the agro-chemical giant hid the health dangers of PCBs for decades in pursuit of profit.

  • May 29, 2025

    Split 9th Circ. Says Spa's Rule On Certain Trans Women Biased

    A divided Ninth Circuit refused to reinstate a Korean spa's constitutional challenge against the Washington State Human Rights Commission and ordered it to rescind its policy denying admission to trans women without gender-affirming surgery, noting Thursday the policy violated state law prohibiting discrimination based on sexual orientation and gender identity.

  • May 29, 2025

    Conn. Group Home To Mediate $13.4M Death Appeal

    An assisted-living facility and the mother of a resident who died in its care will enter mediation in an effort to settle their ongoing legal dispute, which has already resulted in a $13.4 million jury verdict, according to a new filing in the Connecticut Appellate Court.

  • May 29, 2025

    7th Circ. Probes Hartford's Denial Of Benefits To Ex-PwC Exec

    A Seventh Circuit panel weighing Thursday whether to restore long-term disability benefits to an ex- PricewaterhouseCoopers LLP executive with fibromyalgia asked her attorney and counsel for the insurer that denied benefits if the lower court should have considered prior claim history and a consultant's report finding her condition precluded "meaningful employment."

  • May 29, 2025

    Judge Favors Vanda But Seeks Deal Over Drug Approval

    A D.C. federal judge on Thursday seemed ready to rule for Vanda Pharmaceuticals Inc. in its challenge to the U.S. Food and Drug Administration's timelines for approving new drugs but asked both sides to first try negotiating remedies to resolve the dispute.

  • May 29, 2025

    Masimo Founder Slaps Board With Lawsuit Over His Ouster

    The founder and former CEO of Masimo Corp. has alleged six of the medical technology company's directors orchestrated his wrongful termination and denied him the compensation he is now owed, according to a suit for hundreds of millions of dollars filed against the executives in California state court.

  • May 29, 2025

    Drugstores Say Texas Flouted Rules To Update Pharmacy Regs

    The National Association of Chain Drug Stores Inc. told the Texas Supreme Court that updates to statewide policy governing how pharmacies report drug prices flouted Texas rulemaking procedures, telling the state's high court that even if the updates were "good policy" they weren't lawful.

  • May 29, 2025

    IRS Delaying $11M Worker Tax Credit Payout, Hospital Says

    A hospital forced to suspend its normal business as it responded to the COVID-19 pandemic told a Washington federal court Thursday that it's entitled to an $11.5 million tax refund for employee retention credits and that the IRS has failed to deliver the promised aid.

  • May 29, 2025

    Biden WH Atty Joins O'Melveny To Tackle Healthcare Issues

    An attorney who has held posts in the White House, Congress and federal agencies has joined the congressional investigations team at O'Melveny & Myers LLP, where he will focus on clients in the healthcare industry, the firm said Thursday.

  • May 29, 2025

    Digital Health Startup Omada Launches Plans For $150M IPO

    San Francisco-based virtual healthcare provider Omada Health on Thursday filed plans with U.S. regulators for a $150 million initial public offering, the proceeds of which will be used for general corporate purposes.

  • May 29, 2025

    Shein Eyes HK Listing After London Snag, Plus More Rumors

    Fast-fashion retailer Shein intends to list in Hong Kong after its plans to go public in London fell apart, messaging app Telegram is set to raised $1.7 billion through an upsized bond offering, while Elon Musk's Neuralink Corp. raised $600 million in a deal that values the brain-implant startup at $9 billion.

  • May 29, 2025

    Senate Committee Sets June Hearing For Trump's EBSA Pick

    The Senate's Health, Education, Labor and Pensions Committee will hold a hearing in early June on President Donald Trump's nominee to lead the U.S. Department of Labor's Employee Benefits Security Administration, according to a news release Thursday. 

  • May 28, 2025

    Wellness App User Must Arbitrate Video Data-Sharing Suit

    A California federal judge has shipped to arbitration a proposed class action accusing the operators of the meditation app Balance of unlawfully sharing subscribers' video-viewing data and other personal information with a third-party software provider, finding that the user leading the suit had agreed to arbitrate his claims when signing up for the service. 

  • May 28, 2025

    16 States Sue Trump Admin Over Cuts To Science Grants

    A coalition of 16 state attorneys general have sued the Trump administration in New York federal court on Wednesday to stop it from cutting millions of dollars in grant funds from the National Science Foundation for scientific research and programs aimed at enhancing diversity, equity and inclusion in STEM fields and environmental justice.

  • May 28, 2025

    Elon Musk Is Leaving White House Role, Trump Admin Says

    Billionaire Elon Musk is ending his work with President Donald Trump and the federal Department of Government Efficiency, a White House official confirmed Wednesday evening.

  • May 28, 2025

    Justices Told Del. Expert Law Doesn't Apply In Federal Court

    A retired attorney who claims he was negligently injured by healthcare providers urged the U.S. Supreme Court on Tuesday to hold that a Delaware federal court need not apply a state statute requiring an expert affidavit for all medical malpractice suits.

  • May 28, 2025

    Ga. Justices Uphold $1.75M Award, Despite Ex Parte Emails

    The Georgia Supreme Court has upheld a $1.75 million arbitration award in a dispute between a medical provider and its contractor, finding the provider was not prejudiced by the contractor's ex parte communications with an arbitrator.

  • May 28, 2025

    Regeneron Urges Judge In FCA Kickback Suit To Set Trial Date

    Regeneron Pharmaceuticals Inc. on Wednesday pressed a Massachusetts federal judge to ready a long-running False Claims Act suit for a jury and reject the government's second bid for a pretrial win under a different legal theory following a First Circuit setback.

  • May 28, 2025

    Fla. Judge Told Pharma Co. Rival Also Stole Trade Secrets

    A Florida federal judge on Wednesday denied an India-based pharmaceutical company's bid to reject a competitor's defense against a lawsuit alleging trade secrets theft by claiming its accuser is responsible for the same conduct, expressing doubt whether she can rule on such an issue.

  • May 28, 2025

    Woman Filed Kidney Failure Suit In Time, NJ Panel Says

    A group of urologists can't escape a woman's malpractice suit accusing them of misdiagnosing her bladder condition and ordering procedures that severely injured her, a New Jersey appeals court has ruled, saying that the statute of limitations on her claims was tolled until she discovered the real problem with her bladder.

  • May 28, 2025

    3rd Circ. Pauses J&J Unit Appeal In Talc Study Libel Case

    The Third Circuit on Wednesday granted a bid by Johnson & Johnson's talc liability unit to stay briefing in its appeal seeking to revive a libel case over a scientific article linking talcum power to mesothelioma.

Expert Analysis

  • AG Watch: Letitia James' Major Influence On Federal Litigation

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    While the multistate cases brought by New York Attorney General Letitia James appear to be based upon her interpretation of the effect of the Trump administration's policies on New York state and its residents, most also have a decidedly political tone to them, says Dennis Vacco at Lippes Mathias.

  • How Trump Orders Affect Health Orgs.' Care For Trans Minors

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    Two recent executive orders issued by President Donald Trump regarding gender-affirming care for minors have put healthcare organizations in a precarious situation, and these institutions should prepare for various implications and potential scenarios, say attorneys at ArentFox.

  • Legal Ethics Considerations For Law Firm Pro Bono Deals

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    If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.

  • Reproductive Health Under Trump So Far, And What's Next

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    Based on priorities stated so far, the Trump administration will likely continue to weaken Biden-era policies that protect reproductive health, with abortion, in vitro fertilization and contraception all being issues to watch closely amid a post-Dobbs shift, say attorneys at McDermott.

  • Series

    Playing Football Made Me A Better Lawyer

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    While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.

  • 10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

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    The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.

  • Contract Disputes Recap: Q&As, Gov't Claims, Pleading

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    Attorneys at Seyfarth examine decisions from the Armed Services Board of Contract Appeals, the Civilian Board of Contract Appeals and the U.S. Court of Federal Claims covering matters including superior knowledge, government claims and pleading standards.

  • Notable Q1 Updates In Insurance Class Actions

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    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.

  • Series

    Power To The Paralegals: The Value Of Unified State Licensing

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    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.

  • What's Next For Lab Test Regulation Without FDA Authority

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    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.

  • 11 Tips For Contractors Dealing With DOD Staff Reductions

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    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.

  • GC Nominee Likely Has Employer-Friendly NLRB Priorities

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    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.

  • 10 Soft Skills Every GC Should Master

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    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.

  • 6 Criteria Can Help Assess Executive Branch Actions

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    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.

  • Learning From COVID-19 Enforcement Against Nursing Homes

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    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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