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Health
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April 04, 2024
Claims Court Backs Defense Health Agency $31M IT Deal Pick
A U.S. Court of Federal Claims judge denied an information technology contractor's protest of a $31 million IT deal the Defense Health Agency awarded to a competitor, saying he found nothing wrong with how the agency evaluated the contractors' proposals.
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April 04, 2024
$1.6M Med Mal Brain Injury Verdict Nixed Over Jury Instruction
The Virginia Supreme Court on Thursday wiped out a $1.6 million verdict in a malpractice suit by a woman alleging she had a seizure and fell because her doctor didn't properly treat her low blood sodium, saying the trial court should have given the jury an instruction requested by the doctor.
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April 04, 2024
Novo Holdings, Catalent Reset Review Clock On $16.5B Deal
Novo Nordisk Foundation has given the Federal Trade Commission more time for an initial review of Novo Holdings' plan to acquire Catalent in a deal that values the pharmaceutical services company at $16.5 billion.
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April 04, 2024
Ga. OB-GYN Office Hit With Data Breach Class Action
An Atlanta OB-GYN practice has been hit with a class action in Georgia federal court over a January data breach that allegedly impacted the personal and protected health information of tens of thousands of patients.
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April 04, 2024
Structure Defense Remains In FTC Hospital Case, But Not Hearing
When the Federal Trade Commission goes to trial April 29 against an allegedly anti-competitive hospital merger, the agency won't have to contend with defense assertions that its structure is unconstitutional right away, but a North Carolina federal judge refused Thursday to scrub them entirely.
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April 04, 2024
HHS Asks Justices To Review 5th Circ. Abortion Ruling
The Biden administration has asked the U.S. Supreme Court to add a Texas legal clash to its review of whether a federal law requiring emergency medical care can preempt state-level abortion bans, a question before the justices in a separate case.
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April 04, 2024
Nurses Want To Merge DaVita Wage Suits Over Unpaid Breaks
Workers suing kidney care giant DaVita Inc. have asked a Colorado federal judge to consolidate two similar collective actions alleging they were denied wages for work performed during meal and rest breaks, saying overlap between the cases is "inevitable."
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April 04, 2024
Higher Ed Groups Warn Of 'Radical Shift' In Suicide Liability
Four colleges and a slew of higher education advocacy groups have urged the Eleventh Circuit to reject an argument that Atlanta's Emory University should be liable for the suicide of a student, warning that a ruling against the school could bring about a "radical shift" in the university-student relationship.
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April 04, 2024
Squire Patton Adds Polsinelli Enviro Atty Pair In Denver
Squire Patton Boggs LLP announced Thursday that it had added two former Polsinelli PC attorneys to its global environmental, safety and health practice.
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April 04, 2024
Adult Day Care Negligence Suit Tossed Without Experts
A New Jersey appeals court won't let the family of a woman injured at an adult day care revive their suit, finding they haven't put forth evidence to show that the day care's negligence caused the injuries.
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April 03, 2024
Sanofi Plans To Settle 4,000 Zantac Cancer Claims
Sanofi said Wednesday that it has reached an agreement in principle to settle about 4,000 personal injury claims linking the discontinued heartburn drug Zantac to cancer.
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April 03, 2024
Microsoft Notches Fed. Circ. Win In 3D Imaging Patent Fight
The Federal Circuit on Wednesday backed a ruling from an administrative tribunal that wiped out most of a patent issued to a Florida radiologist and his ex-Lockheed Martin business partner, whose company is suing Microsoft over its line of HoloLens AR headsets.
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April 03, 2024
Healthcare Company Hid Rising Costs Before IPO, Suit Says
Elder-focused healthcare company Agilon Health was hit with an investor's proposed class action in New York federal court alleging that the company failed to acknowledge ahead of its initial public offering that it had been affected by rising medical costs for providers.
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April 03, 2024
NC AG Greenlights New Monitor For HCA Hospital Amid Probe
A new organization has taken up the baton to monitor whether HCA Healthcare is in compliance with the agreement that cemented its $1.5 billion acquisition of a North Carolina health system, a pact that is the focus of ongoing litigation between HCA and the state's attorney general.
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April 03, 2024
Philly Injection Site Org. Isn't Religious, Judge Rules
A Pennsylvania federal judge on Wednesday ruled that an overdose prevention organization planning to open a supervised safe-injection site in Philadelphia is not a religious entity, delivering a win to the U.S. Department of Justice, which opposed the site.
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April 03, 2024
Mass. Justices Leery Of Meta, Google Cookie 'Wiretap' Claims
Justices on Massachusetts' highest court hinted on Wednesday that they are unlikely to open the door to potentially thousands of privacy lawsuits against website operators over their use of tracking cookies like Meta Pixel and others from Google Analytics, in a closely watched case over whether such trackers violate a state wiretap law.
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April 03, 2024
Tort Report: Cert Bid For NY Gun Law; Insult Atty Update
A high court challenge of New York's gun sales law and an update on disciplinary proceedings against an attorney who hurled insults at judges, calling them "scumbags," lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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April 03, 2024
Sen. Durbin Urged To Pass Legislation To Curb Judge Shopping
A coalition of more than 20 organizations have called on Sen. Dick Durbin, D-Ill., chair of the Senate Judiciary Committee, to curtail the use of judge shopping through legislation and oversight because they believe more is needed beyond the Judicial Conference of the United States' latest action to curb "right wing" influence over the courts.
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April 03, 2024
McDermott Adds Ex-Baker McKenzie Tax Pro In Chicago
The former chair of Baker McKenzie's Chicago tax practice group has joined McDermott Will & Emery LLP and will work as a partner in the firm's Chicago office, McDermott said Wednesday.
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April 03, 2024
Hospital Workers' Vax Free Speech Suit Falls Flat At 6th Circ.
The Sixth Circuit backed the dismissal of two workers' claims that a children's hospital violated their constitutional rights when it rejected their religious objections to a COVID-19 vaccine mandate, saying Wednesday they failed to show the hospital was a government actor.
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April 03, 2024
Mayo Clinic Stuck Workers With Hefty Medical Bills, Suit Says
A medical claims administrator steered Mayo Clinic health plan participants toward out-of-network healthcare providers and then forced them to foot the bulk of the bill, a proposed class action filed in Minnesota federal court said.
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April 03, 2024
Top 10 Deals Of Q1 Led By GE Energy Spinoff, Capital One
It may be wishful thinking to imagine that earlier hopes for a major rebound in 2024 mergers and acquisitions activity will pan out, but by many indications the year was at least off to a better start than 2023.
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April 03, 2024
Ex-NBA Guard's Health Fraud Perjury Merits Prison, Feds Say
Manhattan federal prosecutors said a former Detroit Pistons point guard who was convicted on one of two counts over an alleged scheme to defraud the NBA's healthcare plan should be sentenced to 27 to 33 months in prison, claiming he lied during his testimony.
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April 03, 2024
Judge's Recusal Not Needed In Indiana Hospital Fall Suit
An Indiana appeals panel rejected a woman's bid to revive her suit over a trip and fall injury she suffered while taking her grandson to a hospital in Hobart, saying the fact the judge's son worked for the hospital's law firm does not show there was a conflict requiring the judge's recusal.
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April 02, 2024
Alaska Judge Tosses Opioid Nuisance Case Against Pharmacies
Retail pharmacies including Walgreens Co. and Walmart Inc. have escaped a suit brought by Alaska in state court over their role in the opioid epidemic after a judge found the state's public nuisance claims were a "bridge too far."
Expert Analysis
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Opinion
Biden Admin's March-In Plan Would Hurt Medical Innovation
The Biden administration's proposal to reinterpret the Bayh-Dole Act and allow the government to claw back patents when it determines that a commercialized product's price is too high would discourage private investment in important research and development, says Ken Thorpe at the Rollins School of Public Health.
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5 Lessons For SaaS Companies After Blackbaud Data Breach
Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.
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Why Biz Groups Disagree On Ending Chevron Deference
Two amicus briefs filed in advance of last month's U.S. Supreme Court oral arguments in Loper Bright Enterprises v. Raimondo highlight contrasting views on whether the doctrine of Chevron deference promotes or undermines the stable regulatory environment that businesses require, say Wyatt Kendall and Sydney Brogden at Morris Manning.
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Opinion
Oregon Law Would Compromise Management Service Orgs
If passed, a proposed Oregon law would materially limit physician corporate practice of medicine structures, causing significant disruption to the provision of medicine and hindering professional corporations' ability to focus on the clinical components of their practice, say Christina Bergeron and William Shefelman at Ropes & Gray.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Preparing For DOJ's Data Analytics Push In FCPA Cases
After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.
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Reducing The Risk Of PFAS False Advertising Class Actions
A wave of class actions continues to pummel products that allegedly contain per- or polyfluoroalkyl substances, with plaintiffs challenging advertising that they say misleads consumers by implying an absence of PFAS — but there are steps companies can take to minimize risk, say attorneys at Keller and Heckman.
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USCIS Fee Increases May Have Unintended Consequences
U.S. Citizenship and Immigration Services’ new fee schedule, intended to provide the agency with needed funds while minimizing the impact of higher fees on individual immigrants and their families, shifts too much of the burden onto employers, say Juan Steevens and William Coffman at Mintz.
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HR Antitrust Compliance Crucial Amid DOJ Scrutiny
The Justice Department's Antitrust Division recently announced a required human resources component for antitrust compliance programs, which means companies should evaluate their policies to prevent, detect and remediate potential violations as they add training for HR professionals, say attorneys at Morgan Lewis.
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Lessons From Rare Post-Verdict Healthcare Fraud Acquittal
A Maryland federal court recently overturned a jury verdict that found a doctor guilty of healthcare fraud related to billing levels for COVID-19 tests, providing defense attorneys with potential strategies for obtaining acquittals in similar prosecutions, says attorney Andrew Feldman.
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ChristianaCare Settlement Reveals FCA Pitfalls For Hospitals
ChristianaCare's False Claims Act settlement in December is the first one based on a hospital allegedly providing private physicians with free services in the form of hospital-employed clinicians and provides important compliance lessons as the government ramps up scrutiny of compensation arrangements, say attorneys at Sheppard Mullin.
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Texas Ruling Clarifies That Bankruptcy Shields LLC Rights
A Texas bankruptcy court’s recent ruling in In re: Envision makes it clear that the Bankruptcy Code preempts a section of Delaware state law that terminates a member’s interest in an LLC upon a bankruptcy filing, clarifying conflicting case law, say Larry Halperin and Joon Hong at Chapman and Cutler.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.