Health

  • November 16, 2020

    Philly Injection Site Violates Federal Law, 3rd Circ. Told

    The U.S. Department of Justice on Monday urged the Third Circuit to bar the operation of a supervised drug injection site in Philadelphia, saying it would violate federal drug law because its main purpose is to facilitate illegal substance use.

  • November 16, 2020

    Hospital On Navajo Nation Sues IHS To Keep Gov't Contract

    The Indian Health Service must immediately renew a tribal self-determination contract with the Navajo Health Foundation-Sage Memorial Hospital in northern Arizona or further compromise crucial health care services during a pandemic, the hospital has claimed.

  • November 16, 2020

    Feds Say $225M Sackler Fine To Go To Medicare, Medicaid

    The U.S. attorney's office has told a New York bankruptcy judge that nearly all of the $225 million settlement of federal opioid litigation against the former owning family of Purdue Pharma will go into the general Medicare and Medicaid budget.

  • November 15, 2020

    In Fraud Alert, HHS Watchdog Urges End To Pharma Events

    Drugmakers should consider permanently ending purportedly educational events that have been paused during the coronavirus pandemic, the federal government's health fraud watchdog said Monday, citing "inherent risks" that paid speakers will be getting illegal kickbacks.

  • November 13, 2020

    DHS Flags Becton Medical Pump For Cybersecurity Issues

    Medical tech producer Becton Dickinson & Co.'s Alaris infusion pump has cybersecurity weaknesses that, if exploited, could force users, typically hospitals, to operate them manually, the U.S. Department of Homeland Security announced Friday.

  • November 13, 2020

    CVS Pay Deal Disrupted By Rival Suit's Opt-Out Message

    A California federal judge said Friday he'd order a corrective notice sent to some class members in a suit alleging CVS shorted workers' pay, saying counsel representing plaintiffs in a separate employment suit against CVS "crossed the line" by contacting class members and advocating they opt out of a proposed settlement. 

  • November 13, 2020

    NJ Dentist Must Face Claims He Caused Man's Addiction

    A New Jersey appeals court on Friday revived a dental patient's lawsuit alleging a dentist caused his nitrous oxide addiction by administering too much of the drug during his treatment, reasoning that the patient's claims were plausible.

  • November 13, 2020

    Criminal Charges Should Delay Hemp Dispute, Calif. Says

    California's Department of Fish and Wildlife has asked a federal judge to delay a lawsuit against it over claims that officers unnecessarily destroyed a $1 billion hemp crop, after the farm's CEO was allegedly hit with criminal drug charges.

  • November 13, 2020

    Russia, North Korea Accused Of Hacking Vaccine Research

    Hackers linked to the Russian and North Korean governments have launched recent cyberattacks on "prominent" pharmaceutical companies and other institutions researching vaccines and treatments for COVID-19, Microsoft said Friday.

  • November 13, 2020

    Nursing Assistant Can't Keep OT Claims Out Of Arbitration

    A former nursing assistant must arbitrate her claims that the operators of a retirement facility denied workers overtime by making them work during unpaid meal breaks, a Tennessee federal judge said Friday, rejecting her argument that arbitration agreements she signed didn't apply to the companies. 

  • November 13, 2020

    Health Org Gets $2B To Give Poor Nations COVID-19 Vaccines

    Gavi, a health organization that increases poor countries' access to immunizations, announced Friday that two of its investment funds have surpassed $2 billion in contributions from global public organizations, private institutions and non-profits, including the Bill & Melinda Gates Foundation, to give poorer countries equal and rapid access to coronavirus vaccines.

  • November 13, 2020

    Another Dem Raises Concerns Over $1B Virus Fund Spending

    Sen. Michael Bennet, D-Colo., on Friday joined a chorus of Democrats who have voiced concerns over reports about the U.S. Department of Defense using $1 billion in COVID-19 funding for the military amid mask shortages.

  • November 13, 2020

    Trio Of Blank-Check Cos. Tap Market For $600M Via IPOs

    The third dMy Technology Group blank-check company leads a trio of special purpose acquisition companies that kicked off trading Friday and raised a total $600 million in initial public offerings.

  • November 13, 2020

    Opioid Expert's Data Belongs In Bellwether Trial, Judge Told

    Two local West Virginia governments are fighting to keep in play an expert's testimony about the magnitude of opioid use and overdose deaths in an upcoming bellwether trial over the nationwide epidemic, saying protests from drug distributors rely on their lawyers' "inaccurate" reading of textbook epidemiology.

  • November 13, 2020

    Health Hires: Cozen O'Connor, LumiThera

    Cozen O'Connor has snapped up an expert in the health care and life sciences space from Seyfarth Shaw LLP, medical device company LumiThera Inc. has named a new general counsel, and Tucker Ellis LLP has added two attorneys with experience in medical devices, headlining Law360's latest roundup of personnel moves in the health care and life sciences arena.

  • November 13, 2020

    Calif., Texas Insurees Won't Say Yes To $2.67B BCBS Deal

    Three insurance buyers say class members from their states were given a raw deal when the nation's Blue Cross Blue Shield insurers inked a sweeping $2.67 billion settlement aimed at ending antitrust claims they had been battling for the better part of a decade.

  • November 13, 2020

    Protester Denied Fees Despite Prompting VA To Cancel Deal

    The Court of Federal Claims has denied costs to EndoSoft LLC after its protest led the U.S. Department of Veterans Affairs to cancel a contentious software solicitation, saying in a decision released Friday that the court lacked authority to award fees without a related court ruling.

  • November 13, 2020

    FDA, DEA Experts Cleared To Testify In NY AG's Opioid Case

    The New York judge overseeing the state attorney general's suit over the opioid crisis said on Friday that he will allow witnesses for the state and two Long Island counties to testify, including a former U.S. Food and Drug Administration head and a former U.S. Drug Enforcement Administration agent.

  • November 13, 2020

    FTC Says $350M Memphis Hospital Merger Will Hurt Service

    The Federal Trade Commission moved Friday to challenge a Memphis health care system's $350 million bid for a pair of hospitals, filing an administrative complaint and promising a federal court lawsuit that'll likely decide the fate of a deal that would reduce the number of area hospital systems from four to three.

  • November 13, 2020

    OSHA's COVID-19 Violators List Crosses 200 Mark

    The U.S. Department of Labor's workplace safety arm has issued 26 more citations against nursing homes, rehab centers and other facilities for violations related to COVID-19 with $369,404 in newly proposed penalties, according to the latest list that the agency released Friday.

  • November 13, 2020

    UK Litigation Roundup: Here's What You Missed In London

    This week in London has seen Daimler and other truck makers facing more competition clams, half a dozen U.S film studios hit Britain's telecom providers with a copyright suit, and dozens of institutional investors sue Deutsche Bank, Goldman Sachs and other major investment banks. Here, Law360 looks at those and other new claims in the U.K.

  • November 12, 2020

    Coronavirus Litigation: The Week In Review

    Airbnb allegedly hasn't kept its promise to reimburse customers for canceled bookings, Walmart can't escape all claims over its temporary return policy amid the COVID-19 pandemic, and the University of San Diego is the latest to be sued by students demanding refunded tuition because of campus closures.

  • November 12, 2020

    Ex-Insys Exec Who Flipped Seeks COVID-19 Prison Delay

    A former Insys executive who was convicted in a scheme to bribe doctors to prescribe opioids and who testified against his former colleagues asked a Massachusetts federal judge for another continuance of his prison sentence due to COVID-19, joining four of the executives he testified against who recently made similar requests.

  • November 12, 2020

    GAO Says It Can't Review $8.4M Health Dept. Contract Protest

    The U.S. Department of Health and Human Services' $8.4 million technical assistance contract will be left intact, according to a U.S. Government Accountability Office decision released Thursday, which said a challenge to the deal doesn't meet criteria making it eligible for review.

  • November 12, 2020

    Sanofi Must Face Cancer Drug FCA Claims At Trial

    A Pennsylvania federal judge on Thursday handed drugmaker Sanofi U.S. Services Inc. a win on some allegations in a whistleblower's 18-year-old False Claims Act lawsuit, but allowed other claims that the drugmaker misleadingly promoted off-label uses for its cancer therapy drug to head to trial.

Expert Analysis

  • Employers Must Beware The Coming Union Organizing Storm

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    As economic unrest, layoff risks and other pandemic-related factors are likely to increase employee interest in union organizing once the public health emergency subsides, the best way companies can defend against worker unrest is by preparing management to respond quickly to concerns, says Daniel Johns at Cozen O'Connor.

  • What Hiring Law Firms Should Consider Instead Of Grades

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    With law schools forgoing traditional grading due to the pandemic, hiring firms that have heavily weighted first-year grades during the on-campus interview process should turn to metrics that allow a more holistic view of a candidate, says Kate Reder Sheikh at Major Lindsey.

  • Evidence Ruling Highlights Spoliation Claim Concerns

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    A Colorado federal court recently denied the plaintiff’s motion for spoliation of evidence in Bragg v. Southwest Health, reminding counsel of their duty to discuss with clients the specifics of what information they allege is missing from the provided discovery, says Deena Duffy at Spencer Fane.

  • Employer ADA Considerations Under EEOC Opioid Guidance

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    Following new U.S. Equal Employment Opportunity Commission guidance on opioid users’ workplace rights, Vista Lyons at FordHarrison discusses employer procedures for responding to Americans with Disabilities Act accommodation requests, the types of modifications that may be available, and the medical information that can be requested.

  • FCA Materiality Standard's Odd Application To Payment Terms

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    A recent Pennsylvania federal court's decision in U.S. v. Sanofi highlights a puzzling aspect of False Claims Act materiality, under which failure to satisfy a condition of payment does not necessarily satisfy the materiality requirement to trigger FCA liability, says Geoffrey Kaiser at Kaiser Law.

  • Opinion

    Trump Should Revisit Flawed Plan To Lower Drug Prices

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    President Donald Trump has no legal authority to enact his proposed drug reform linking Medicare payments to prices paid in other countries, and should instead ease regulatory burdens on new drugs and demand that foreign governments pay their fair share for medicine, says Joel White at the Council for Affordable Health Coverage.

  • Series

    Judging A Book: Schroeder Reviews 'Collegiality'

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    Mark Barringer's new book, "Collegiality and the Constitution," is an engaging, vibrant work of judicial history in Texas' Eastern District, and reveals an atmosphere of civility and respect among all those involved in the business of the court, says U.S. District Judge Robert W. Schroeder III.

  • Now Is The Time To Go Digital With Compliance Training

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    To properly meet the U.S. Department of Justice's latest corporate compliance expectations and adapt to the current remote working environment, consider collaborating with a client on an e-learning solution tailored to its employees, says Alexander Holtan at Eversheds Sutherland.

  • Medicare Entitlement Rulings Help Bankrupt Health Providers

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    A series of recent federal court decisions in health care bankruptcy proceedings have found Medicare and Medicaid provider agreements to be statutory entitlements, rejecting the Centers for Medicare & Medicaid Services' position on the matter and potentially giving reorganizing providers additional arguments for favorable treatment, say attorneys at Arent Fox.

  • Overcoming The Pandemic's Hurdles To Pro Bono Work

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    Sarah McLean at Shearman & Sterling looks at how attorneys and law firms can partner with nonprofits to leverage their collective resources, sharpen their legal skills and beat the unique pandemic-induced challenges to providing free legal services to low-income individuals.

  • What A Biden Win Could Mean For Employer Health Insurance

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    Eric Schillinger and Anne Hall at Hall Benefits discuss how a Biden administration's potential legislative and regulatory changes to employer-sponsored health insurance — such as expansion of the Affordable Care Act's nondiscrimination rules and withdrawal of the Trump administration's association health plan regulations — would impact employers.

  • The Crushing Cost Of HIPAA Security Rule Noncompliance

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    The U.S. Department of Health and Human Services recently announced three major settlements for Health Insurance Portability and Accountability Act security rule violations in a single week, highlighting the importance of creating a plan and performing risk analysis to avoid paying the price of noncompliance, says Dena Castricone at DMC Law.

  • Best Practices For Presenting Exhibits In A Remote Deposition

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    In this era of fully remote depositions, attorneys must carefully consider whether they want to deliver exhibits to opposing counsel in advance or on the day of the deposition, and think creatively about the technological resources available to them, say Helene Wasserman and Nathaniel Jenkins at Littler.

  • Key Contractual Protections For Cos. In The PPE Space

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    The market for personal protective equipment has evolved rapidly during the COVID-19 pandemic, so companies operating in this space should insist on certain contractual protections to minimize risk and address fraud, quality control, government regulations and other important legal issues, say James Chou and Alex Corey at Moritt Hock.

  • What We Know About How Judicial Bias Can Influence Rulings

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    The struggle to replace Justice Ruth Bader Ginsburg raises the question whether U.S. Supreme Court justices and federal judges are able to separate their political beliefs and world views from their judicial opinions, with studies in political science and social psychology providing clear answers, says Drury Sherrod at Mattson and Sherrod.

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