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May 05, 2025
Mass. Assisted Living Facility Settles Class Suit Over Fees
A Massachusetts assisted living facility has settled claims by a group of low-income, elderly residents that they were charged an illegal "ancillary fee" that depleted much of their monthly allowances.
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May 05, 2025
High Court Won't Hear Challenge To Miss. Ban On Pot Ads
The U.S. Supreme Court on Monday rejected an opportunity to hear a First Amendment challenge to Mississippi's policy outlawing medical marijuana advertisements, effectively preserving a circuit court decision that upheld the state's ban.
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May 02, 2025
Insulin Giants' Antitrust Victory On Shaky Ground At 2nd Circ.
A major legal triumph for manufacturers of wildly popular medications treating diabetes and obesity suddenly looked precarious Friday at the Second Circuit, where judges sounded open to reviving a proposed class action alleging a multibillion-dollar conspiracy in a controversial drug-discount program.
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May 02, 2025
Fla. Lawmakers Vote To Repeal Law That Limits Death Suits
Florida lawmakers have voted to do away with a statute that plaintiffs attorneys say unfairly and arbitrarily limits pain-and-suffering damages in fatal medical malpractice cases, but an attorney representing healthcare providers says that repealing the law will cause a flood of new lawsuits.
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May 02, 2025
Ex-Fla. VA Center Exec Promoted App By Son's Co., OIG Says
A retired Orlando Veterans Affairs Medical Center executive violated ethics rules by trying to get the center to procure a contract for a wayfinding application developed by a company that employed her son, who stood to receive a bonus, the Office of Inspector General has said.
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May 02, 2025
Ill. Judge Questions Legal Theory In Multiplan Pricing MDL
An Illinois federal judge handling multidistrict litigation accusing Multiplan of conspiring with insurers to fix out-of-network reimbursement rates seemed unsure Friday that a viable antitrust theory is at play, saying the plaintiffs' alleged market dynamic seems similar to various individuals independently deciding to hire the same "really good painter."
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May 02, 2025
Gores Group's Latest SPAC Leads 3 IPOs Totaling $792M
Gores Holdings X Inc., the latest of several special purpose acquisition companies formed by private equity firm The Gores Group, began trading Friday after pricing an upsized $312 million IPO, the largest of three new SPAC listings totaling $792 million.
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May 02, 2025
Boston Scientific, FDA Sued Over 'Unsafe' Spinal Implant
Boston Scientific evaded safety regulations to market a defective spinal cord stimulator and the U.S. Food and Drug Administration rubber-stamped those alterations in an instance of "agency capture," according to a California federal lawsuit filed by a patient suffering from ongoing pain after the device was implanted.
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May 02, 2025
Plaintiffs Seek Redo Over Sterilization Co.'s Trial Tactics
Four women who claimed a Colorado sterilization company caused their cancers asked a state court to order a new trial, arguing the business won a favorable verdict with prejudicial evidence about law firm ads and by suggesting the women are not "real victims but pawns in a scheme orchestrated by their lawyers."
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May 02, 2025
Quest Settles Fired Black Phlebotomist's Retaliation Suit
Quest Diagnostics and a Black worker who claimed the company retaliated against her when she reported racist threats patients allegedly made to her have settled their dispute, according to an order Friday in Pennsylvania federal court dismissing the case.
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May 02, 2025
Tax Case Can Proceed Despite Late Name Change, Court Says
The owner of a mail-order medical equipment company can move forward with his lawsuit against the federal government seeking to deduct a $5 million settlement payment, even though he didn't technically add his name to the case until after the deadline, the Court of Federal Claims said.
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May 02, 2025
Ex-SCWorx CEO Seeks Sentencing Delay Over Restitution Row
The former chief executive of SCWorx Corp. who was convicted of securities fraud after publicizing a $670 million COVID-19 test kit contract that never materialized told a New Jersey federal court Friday that he's seeking a one-month delay in his sentencing, citing the government's statement that it would pursue more than $140 million in restitution.
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May 02, 2025
3 Argument Sessions Benefits Attys Should Watch In May
The Eleventh Circuit will hear arguments from former seafood company workers who say they were overcharged when they purchased their employer’s stock, while the Sixth Circuit tackles appeals from Kellogg and FedEx retirees who say they were shorted on benefits because of outdated mortality data. Here’s three arguments to keep an eye on in May.
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May 02, 2025
CR Bard Owes $20M In Ga. Ethylene Oxide Cancer Trial
A Georgia jury awarded $20 million in compensatory damages on Friday to a man who said his cancer was caused by exposure to ethylene oxide from C.R. Bard's medical sterilization plant, sending the case to a second phase for punitive damages.
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May 02, 2025
Emory Fired Palestinian Prof Over Gaza Posts, Bias Suit Says
Emory University folded to pressure from an advocacy group and illegally fired a medical school professor for criticizing on social media Israel's treatment of Palestinian people, the ousted educator alleged Friday in Georgia federal court.
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May 02, 2025
Houston Atty Can't Beat Sanctions In Hospital Firing Suit
A Texas state appellate court has said a Houston attorney is on the hook for more than $11,000 in fees for ignoring an area hospital's discovery requests and failing to appear in court in a wrongful termination lawsuit the attorney filed on behalf of a podiatrist.
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May 02, 2025
Conn. AG Scuttles Nursing School Suit After $5M Student Deal
The state of Connecticut has formally withdrawn an unfair trade practices lawsuit against defunct nursing school Stone Academy after the facility penned a $5 million deal for students and the state attorney general vowed not to seek additional penalties from the shuttered entity.
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May 02, 2025
Virginia Accuses Tribe Of Medicaid Billing Fraud
Virginia is fighting a bid by the Nansemond Indian Tribe for an order that would require it to continue processing the tribe's unpaid Medicaid reimbursement claims, telling a federal court that it instead suspended payments and its Medicaid fraud unit is investigating the tribal healthcare entity.
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May 02, 2025
Medical Pot Co. Says Ex-COO Took Patients' Info To Rival
Medical cannabis company MMJ Health Labs LLC is suing a former contractor and chief operating officer in Florida federal court, saying he stole proprietary information, including patient records, and provided them to a competitor.
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May 01, 2025
Planned Parenthood Slams HHS 'Attacks' On Teen Program
Planned Parenthood on Thursday pressed a D.C. federal court to block the U.S. Department of Health and Human Services' "attacks" on a long-running, successful public health initiative aimed at preventing teen pregnancy, claiming that HHS has implemented new, "deeply inconsistent" requirements threatening the program's funding.
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May 01, 2025
DaVita Hit With Class Actions Over Ransomware Attack
DaVita Inc. is facing at least two proposed class actions over a data breach the kidney care provider announced in April, with current and former patients alleging Wednesday in Colorado federal court that data thieves have already engaged in identity theft and fraud while DaVita has yet to offer details.
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May 01, 2025
Aetna And Humana Accused Of Medicare Kickbacks And Bias
The federal government brought a bombshell False Claims Act suit Thursday against Aetna, Elevance and Humana, claiming the insurers paid hundreds of millions of dollars in illegal kickbacks to brokers in exchange for enrollments into their Medicare Advantage plans, with Humana and Aetna also accused of discriminating against disabled beneficiaries.
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May 01, 2025
Fla. Condo Wins Noise Dispute With Autistic Man's Family
A Florida appellate panel ruled in favor of a condominium association in a lawsuit over a noise dispute between a family caring for their autistic son and a neighbor, finding no evidence that the family faced discrimination in violation of housing laws.
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May 01, 2025
HHS Report Finds 'Serious Concerns' On Trans Care For Youth
The U.S. Department of Health and Human Services on Thursday released a report it says raises "serious concerns" about medical interventions used to aid young people in gender transition.
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May 01, 2025
'Fingers Crossed' At FCC As Court's Subsidy Ruling Closes In
There's plenty of hand-wringing at the Federal Communications Commission as a U.S. Supreme Court decision draws near over the legality of the revenue-raising scheme used to pay for more than $9 billion in broadband and phone service subsidies.
Expert Analysis
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Top 10 Healthcare And Life Sciences Issues To Watch In 2025
Under the new Trump administration, this coming year may benefit some healthcare and life sciences stakeholders, while creating new challenges for others amid an increasingly complex regulatory environment, say attorneys at Debevoise.
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Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits
The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.
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4 Keys To Litigating In An Active Regulatory Environment
For companies facing litigation influenced by government regulatory action — a recent trend that a politically charged atmosphere will exacerbate — there are a few principles that can help to align litigation strategy with broader public positioning in the regulatory and oversight context, say attorneys at Jenner & Block.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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2025 May Be A Breakout Year For The Cannabis Industry
The cannabis industry faced a slow and frustrating 2024, but consumer trends continue to shift in favor of cannabis, and the new administration may provide the catalyst that the industry needs, says Lynn Gefen at TerrAscend.
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FDA's Red No. 3 Ban Reshapes Food Safety Legal Landscape
The U.S. Food and Drug Administration's recent ban on Red No. 3 represents more than the end of a controversial dye — it signals a shift in regulatory priorities, consumer expectations, intellectual property strategy, compliance considerations and litigation risk, says Dino Haloulos at Foley Mansfield.
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Scope And Nature Of Judicial Relief Will Affect Loper's Impact
The practical result of post-Loper Bright rulings against regulatory actions will depend on the relief courts grant — and there has been controversy in these types of cases over whether the ruling is applied just to the parties or nationwide, and whether the action can be left in place while it's corrected, says Steven Gordon at Holland & Knight.
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The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.
The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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How Views On Healthcare Price Transparency Are Changing
Regulators' attitudes toward price transparency regulation have shifted over the past several years in ways that may seem contradictory, and research into detailed rate information published by hospitals and health plans has yielded mixed results, says Matthew List at Charles River Associates.
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Navigating The Potential End Of GLP-1 Drug Shortages
The U.S. Food and Drug Administration's determination of whether GLP-1 products are in shortage may affect how compounders provide these products and spur a range of litigation including patent disputes and unfair competition suits, say attorneys at Goodwin.
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High Court Could Further Limit Deference With TCPA Fax Case
The Supreme Court's decision to hear McLaughlin Chiropractic Associates v. McKesson, a case involving alleged junk faxes that centers whether district courts are bound by Federal Communications Commission rules, offers the court a chance to possibly further limit the judicial deference afforded to federal agency interpretations of statutes, says Samantha Duke at Rumberger Kirk.
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Politicized OIGs Could Target Federal Employees, Contractors
After President Donald Trump fired nearly 20 inspectors general last week, it’s worth exploring how the administration could use Offices of Inspectors General to target federal employees and contractors, why it would be difficult to fight this effort, and one possible bulwark against the politicization of these watchdogs, says Sara Kropf at Kropf Moseley.