Health

  • November 12, 2020

    Supreme Court Urged To Make Arbitration Contracts Binding

    Dental equipment distributor Henry Schein Inc. urged the U.S. Supreme Court today to enforce arbitration contracts and reverse the "badly flawed reasoning" in a Fifth Circuit decision that said parties with an arbitration contract should still be able to go to court if they so choose.

  • November 12, 2020

    Gov't Hit With $10.4M Verdict In Failed Birth Control Suit

    A federal judge in Washington state on Thursday awarded about $10.4 million in a suit accusing a federally funded health clinic of botching a contraceptive injection that resulted in an unwanted pregnancy and the birth of a child with permanent brain damage.

  • November 12, 2020

    States Say $8.3B Purdue Opioid Deal Flouts Bankruptcy Rules

    A group of states on Tuesday voiced opposition to Purdue Pharma LP's $8 billion OxyContin settlement with the federal government, saying that the plan puts the bankruptcy case parties in a "straitjacket."

  • November 12, 2020

    Nurses' Union Survey Finds Hospitals Still Short On PPE

    Hospitals are still lacking in personal protective equipment to deal with COVID-19 as the U.S. experiences record new daily cases, according to the results of a survey of 15,000 nurses released Thursday by National Nurses United.

  • November 12, 2020

    State Pot Regulators Join Forces To Share Best Practices

    Cannabis regulators in 19 states on Thursday announced the formation of a new group to facilitate conversations about how to devise and enact policies for states and local jurisdictions with legal marijuana markets.

  • November 12, 2020

    Cleary Steers PE-Backed Sotera Health's $1B IPO Launch

    Private-equity backed Sotera Health Company on Thursday set a price range for an estimated $1 billion initial public offering, steered by Cleary Gottlieb Steen & Hamilton LLP and underwriters counsel Simpson Thacher & Bartlett LLP, hoping to go public before Thanksgiving.

  • November 12, 2020

    W.Va. Health Agencies Sued For Not Covering Trans Benefits

    A transgender Medicaid participant, a state worker and his dependent hit West Virginia agencies and several top government officials with a proposed class action in federal court Thursday, challenging provisions in the state's Medicaid and employee health insurance plans that deny coverage for transgender people.

  • November 12, 2020

    Researcher Cops To Hiding China Ties To Win $4M In Grants

    A rheumatology and immunology researcher at Ohio State University and Pennsylvania State University pled guilty on Thursday to accepting $4.1 million in federal grant money by lying on grant applications about his close ties to China.

  • November 12, 2020

    Verano, AltMed Merger Creates Privately Held Pot Giant

    Multistate cannabis operator Verano Holdings LLC has said it will acquire and merge with Florida-based medical marijuana company AltMed, creating one of the country's largest privately held pot businesses.

  • November 12, 2020

    Real Estate Rumors: Raytheon, DemeTech, CAI Investments

    Raytheon Technologies has reportedly extended its lease for 116,000 square feet in Virginia, DemeTech is said to have paid $15 million for a Florida warehouse and CAI Investments has reportedly dropped $43 million on an Illinois office building.

  • November 12, 2020

    Hartford Axed From Dentists' Virus Loss Coverage Suit

    A Missouri federal judge has dropped Hartford Financial Services Group from four dental practices' proposed class action over COVID-19 business losses, agreeing the insurer bears no legal liability as it did not issue the insurance policies.

  • November 12, 2020

    3 Firms Lead $4.4B Health Care Co.'s Go-Public Deal

    Senior-focused health care business Cano Health said Thursday it's going public through a merger with blank-check company Jaws, in a deal led by three law firms that values the combined entity at $4.4 billion.

  • November 12, 2020

    3 Ways COVID-19 Is Reshaping The US Residential Market

    Residential property owners are increasingly seeking more space in less dense markets as the COVID-19 pandemic continues, and that could spell oversupply trouble for condo properties in certain dense downtown cores and opportunities in other markets, lawyers say. Here, Law360 looks at three ways the pandemic is reshaping the U.S. residential market.

  • November 12, 2020

    Shkreli's Objections To FTC Prison Comms Access Tossed

    A New York federal judge overruled objections from incarcerated "pharma bro" Martin Shkreli regarding the Federal Trade Commission's access to his prison telephone communications, in the FTC's legal challenge against Shkreli on charges of monopolizing sales of the anti-parasitic drug Daraprim.

  • November 10, 2020

    Biden Taps BigLaw Partner, Obama Officials For HHS Review

    BigLaw attorneys will advise the Biden-Harris transition team's review of the U.S. Department of Health and Human Services, including a Hogan Lovells LLP partner who previously defended the Affordable Care Act at the U.S. Supreme Court and a former Boies Schiller & Flexner LLP partner who once served as the chief of staff at the U.S. Food and Drug Administration.

  • November 10, 2020

    Bard Gets Fed. Circ. To Revive $68M Infringement Trial

    A Delaware federal judge made several mistakes when he stopped an infringement trial with $67.5 million on the line to conclude medical device maker C.R. Bard's patent claims were invalid and not infringed by AngioDynamics, the Federal Circuit said Tuesday.

  • November 10, 2020

    NYU Hospital, Doctor Must Face Patient's Bowel Injury Suit

    A New York appellate panel on Tuesday revived a suit accusing a New York University hospital and surgeon of perforating a woman's bowel during gastric bypass surgery, saying the providers' defense was based on improperly established "habit evidence," or a physician's usual practice when treating patients.

  • November 10, 2020

    4 Key Moments As Justices Debate ACA's Fate

    Eagerly awaited oral arguments in a Republican-led legal challenge to the entire Affordable Care Act featured remarks from U.S. Supreme Court justices indicating that the case is likely doomed but might end up resolving a significant debate over when Americans have standing to challenge federal laws.

  • November 10, 2020

    7th Circ. Raises Jurisdiction Issues In Hospital Antitrust Row

    A Seventh Circuit panel ordered additional briefing Tuesday as it considers reviving claims against a hospital chain accused of negotiating insurance contracts that cut competitors out of insurance networks, saying there could be a jurisdictional problem if all parties did not consent to a decision by a magistrate judge.

  • November 10, 2020

    5 Firms Guide 2 Blank-Check Cos.' $390M Offerings

    Two blank-check companies focused on real estate technology and the health care industry raised a total of $390 million in their initial public offerings this week, marking the latest entries to the field of such entities in a pair of offerings guided by five law firms.

  • November 10, 2020

    GSK Says FDA Rejected Zofran Label Change

    GlaxoSmithKline on Monday told a Massachusetts federal judge overseeing multidistrict litigation over its anti-nausea medicine Zofran that the U.S. Food and Drug Administration has rejected a proposed label change that would have added birth defect warnings.

  • November 10, 2020

    FTC Probes Illumina's $8B Deal For Cancer Detection Biz

    The Federal Trade Commission has told Illumina that it wants to look more deeply into the biotech giant's planned $8 billion acquisition of Grail Inc., Illumina said.

  • November 10, 2020

    Speculative Testimony Voids Defense Win In Birth Injury Trial

    A Missouri appellate court on Tuesday ordered a new trial in a suit accusing two physicians of botching a premature infant's delivery that led to a permanent brain injury, saying a medical expert for the defense offered testimony that was "irrelevant and speculative."

  • November 10, 2020

    Federal Workers Union Asks To Pause Ruling On VA Deal

    A federal government employees' union wants to pause a Federal Labor Relations Authority panel's decision that largely sided with management in a dispute over a Veterans Affairs contract, saying Tuesday that a court should first weigh in on whether the panel is constitutional.

  • November 10, 2020

    Drivers Say Transit Co. Was Lax On Uniforms Before BLM Ban

    The Port Authority of Allegheny County, Pennsylvania, didn't enforce its uniform code ban on employees wearing political or social slogans until workers started wearing masks with "Black Lives Matter" messages, employees and union officials testified Tuesday in federal court in a lawsuit claiming the policy was discriminatory.

Expert Analysis

  • Employers Should Plan For Vaccine Religious Exemptions

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    While employers can't develop a disability exemption protocol for COVID-19 vaccinations ahead of U.S. Food and Drug Administration approval, they can establish a religious exemption process now by looking to case law and regulatory guidance developed in the flu vaccine context, says Andrea Kirshenbaum at Post & Schell.

  • Series

    AGs In A Pandemic: Grewal Talks NJ Price-Gouging

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    New Jersey Attorney General Gurbir Grewal explains how his office adapted its enforcement playbook to unexpected challenges in order to crack down on unconscionable pricing amid the pandemic.

  • Law Firm Social Responsibility Strategies In The New Normal

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    Law firm leaders and marketers should consider several fundamental questions as they develop their corporate social responsibility programs amid the pandemic with reduced available time, money and personnel, including identifying a realistic charitable spending budget and seeking input from firm lawyers, clients and nonprofit partners, says Tina van der Ven at NewStar Media.

  • What To Expect On Key Civil Procedure Issues From Barrett

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    Judge Amy Coney Barrett's prolific opinion writing on the Seventh Circuit reveals a clear picture of what we can expect from this jurist on issues such as state court personal jurisdiction over out-of-state defendants, Article III standing and the application of federal law in diversity actions, says James Wagstaffe at Wagstaffe von Loewenfeldt Busch.

  • How DOL Proposal Changes Independent Contractor Analysis

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    Attorneys at Littler break down the U.S. Department of Labor’s recently proposed independent contractor rule, explaining how it alters the U.S. Supreme Court's so-called economic reality test, the key factors of its new tiered analysis, and how the November elections could influence its ultimate fate.

  • A Likely Tipping Point For Nonlawyer Ownership Of Law Firms

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    The Arizona Supreme Court's recent decision to eliminate prohibitions on nonlawyer ownership of law firms may show that the organized bar's long-standing rhetoric that such rules are essential to protecting the legal profession's core values is overblown, say Anthony Sebok at Cardozo School of Law and Bradley Wendel at Cornell Law School.

  • The Challenges Facing Trump's Drug Pricing Order

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    President Donald Trump's executive order on international reference pricing for Medicare drugs is likely to either languish in Congress or die in court, but more modest drug pricing reform measures may be viable in the coming year, say attorneys at Ropes & Gray.

  • Beware DOJ's Statutory Tool For Fighting COVID-19 Fraud

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    Companies engaged in commerce related to COVID-19 or that have received Paycheck Protection Program funding should familiarize themselves with a fraud statute, under which the U.S. Department of Justice has been successful in obtaining injunctions even before defendants are charged with a crime, say attorneys at V&E.

  • Breaking Down The Top 3 COVID-19 Workplace Claims

    Excerpt from Practical Guidance
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    Attorneys at Fisher Phillips identify litigation trends in the three most common types of COVID-19 claims filed against employers to date, and discuss risk-reduction and defense strategies.

  • A Road Map For Drafting Persuasive Discovery Motions

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    Best practices that can help litigators write convincing discovery motions include thinking about the audience, addressing a few key questions, and leaving out boilerplate from supporting briefs, says Tom Connally at Hogan Lovells.

  • How Congress Can Depoliticize The Supreme Court

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    Congress has multiple means to take the politics out of federal judicial nominations and restore the independence of the U.S. Supreme Court — three of which can be implemented without a constitutional amendment, says Franklin Amanat at DiCello Levitt.

  • Opinion

    1st Circ. ERISA Benefit Ruling Misapplies Review Standard

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    The First Circuit’s recent decision in Doe v. Harvard Pilgrim Health Care — affirming denial of health insurance coverage based on the de novo review standard under the Employee Retirement Income Security Act — is dubious because it deviates markedly from civil procedure requirements and conflicts with U.S. Supreme Court jurisprudence, says Mark DeBofsky at DeBofsky Sherman.

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • Trump's Drug Pricing Order Is More Bark Than Bite

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    President Donald Trump's new executive order addressing pricing for drugs covered by Medicare Parts B and D glosses over enormous difficulties in restructuring Medicare operations and is unlikely to lead to any imminent changes, say attorneys at Debevoise.

  • Key Regulatory Concerns For Cos. Making COVID-19 Products

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    Recent enforcement actions by federal agencies against businesses making products intended to protect against COVID-19 highlight why companies must understand which regulators they are answerable to, and what standards they must follow when producing, advertising, labeling and selling their goods, say attorneys at Crowell & Moring.

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