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Health
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March 13, 2024
Jury Must Weigh Willfulness In Secrets Case, Calif. Court Says
A California state appellate court has found a jury will have to decide whether a former director at Applied Medical Distribution Corp. willfully misappropriated trade secrets from his former employer.
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March 13, 2024
Health Plan Provider's Settlement Notice Costs Not Covered
An insurer has no duty to indemnify a health insurance provider for notice costs incurred in a class action over denied medical benefits, a Montana federal court ruled, finding that the costs do not constitute "claim expenses" under the provider's errors and omissions policy.
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March 13, 2024
Kids' Hospital Cuts Deal To End EEOC Harassment Probe
Seattle Children's Hospital agreed to pay $125,000 to resolve the U.S. Equal Employment Opportunity Commission's charge that it subjected a nurse to a sexually charged work atmosphere and then failed to step in when she complained.
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March 12, 2024
Harris Co. Atty Made To 'Fix' Colleague's Racism, Suit Alleges
A former Houston-area county staff attorney claims she was buried in work, targeted with racist harassment and finally fired following her request to work remotely to manage disabling pain after coronavirus precautions were lifted at the courthouse, according to a lawsuit filed in Texas court.
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March 12, 2024
NYC Hospital Signs $17.3M 'Kickback' Deal With Feds, State
NewYork-Presbyterian/Brooklyn Methodist Hospital has agreed to pay $17.3 million to resolve allegations that it paid unlawful kickbacks to physicians at its chemotherapy infusion clinic, the U.S. Department of Justice announced Tuesday.
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March 12, 2024
Judiciary Touts New Policy To Rein In Judge Shopping
The Judicial Conference of the United States on Tuesday said it has updated a policy on random case assignments to ensure litigants can't shop for the judge of their choice by going to a one-judge division of a district court.
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March 12, 2024
NY Jury Rules Some Claims About Prevagen Are Misleading
A New York federal jury said some statements made by Quincy Bioscience about its memory booster Prevagen were misleading to consumers but found that most statements about the supplement were made on solid grounds.
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March 12, 2024
2nd Circ. Revives Parts Of McKesson Whistleblower Suit
The Second Circuit on Tuesday revived parts of a lawsuit brought by a McKesson Corp. whistleblower who accuses the pharmaceutical company of a kickback scheme, finding that the lower court should reconsider the claims that were brought under state anti-kickback laws.
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March 12, 2024
Breast Implant Co.'s $90M DIP OK'd With Creditor Protections
Bankrupt breast implant maker Sientra Inc. received final court approval in Delaware bankruptcy court for its $90 million debtor-in-possession financing after adding in lien challenge protections for unsecured creditors.
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March 12, 2024
Walgreens, Kenvue Unit Sued Over Benzene In Acne Products
Walgreens, Kenvue unit Johnson & Johnson Consumer Inc. and Genomma Lab face a trio of proposed consumer fraud class actions in California federal court by customers who alleged their acne treatment products contain unsafe levels of benzene, but that each of the companies failed to disclose its presence in their labeling.
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March 12, 2024
Sorrento Ch. 11 Will Stay In Texas
A Texas bankruptcy judge Tuesday denied requests to transfer the Chapter 11 case of drug developer Sorrento Therapeutics Inc. out of the Lone Star State for having insufficient ties to the venue.
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March 12, 2024
Reps Push Regulators For Answers On Marijuana Research
A bipartisan pair of congress members on opposite sides of the cannabis legalization issue joined forces on Tuesday to blast federal agencies for not effectively implementing a bill whose stated purpose was to expedite research into marijuana's potential harms and benefits.
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March 12, 2024
4th Circ. Upholds White Exec Firing Verdict But Cuts Damages
The Fourth Circuit on Tuesday affirmed a victory for a white hospital executive who won a jury trial in his lawsuit alleging he was fired as part of a diversity push, but found his $300,000 punitive damages award was unwarranted because he fell short in backing his claim that his employer knowingly violated federal law.
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March 12, 2024
4th Circ. Revives Navy Surgery Wrongful Death Claims
The Fourth Circuit on Tuesday reversed an order dismissing claims from the estate of a woman who died after an allegedly botched surgery at a Navy hospital, saying the trial court was wrong to conclude that Navy regulations for implementing Federal Tort Claims Act procedures created jurisdictional requirements beyond what the FTCA's text includes.
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March 12, 2024
Nurses' Challenge To NJ Vaccine Mandate Moot, Judge Rules
A New Jersey federal judge tossed a suit challenging Gov. Phil Murphy's vaccine mandate for healthcare workers, ruling the case is moot because the mandate had been rescinded.
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March 12, 2024
UnitedHealth Can't Get Early Win In Workers' ERISA Suit
A Minnesota federal court denied most of UnitedHealth Group Inc.'s bid for a pretrial win in a lawsuit alleging mismanagement of an employee 401(k) plan, finding Tuesday that allegations the company refused to ax underperforming funds to preserve a business relationship with Wells Fargo should go to trial.
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March 12, 2024
Pharmacy Calls $11M False Claims Case A 'House Of Cards'
A compounding pharmacy and its president trashed the Connecticut attorney general's $11 million false claims and kickback allegations against them as a "house of cards" that awarded "a sweetheart cooperation deal" to an alleged co-conspirator and improperly benefited private attorneys, calling instead for a judgment against the state.
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March 12, 2024
Paul Weiss' Digital Tech Chair On AI's Promises And Perils
While generative artificial intelligence promises to increase access to justice and kill the billable hour, we don't know how to prevent it from unleashing misinformation and disinformation on the electorate, says Katherine Forrest, a former Manhattan federal judge who is now chair of Paul Weiss Rifkind Wharton & Garrison LLP's digital technology group.
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March 11, 2024
Biden Calls For More Cybersecurity Funding Across Agencies
The Biden administration on Monday pushed Congress to make significant monetary investments in efforts to bolster the federal government's cybersecurity posture, including by earmarking $13 billion to support initiatives across civilian agencies and devoting additional funding to help the U.S. Department of Health and Human Services combat a growing scourge of cyberattacks on healthcare providers.
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March 11, 2024
Ill. Court OKs $48M Award In Brain Damage Med Mal Suit
An Illinois state appeals court has affirmed a $48.1 million award in a suit accusing an emergency medicine physician and a hospital of improperly placing a breathing tube in a patient and causing permanent brain damage, saying certain jury instructions given by the trial court were not erroneous.
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March 11, 2024
Judge OKs Eye Care Tech Co.'s $8M DIP Request
A Texas bankruptcy judge on Monday approved optometry software company Eye Care Leaders Portfolio Holdings LLC's request to draw on the remainder of its $8 million in debtor-in-possession funds for its Chapter 11 case, saying the company had given good reason to believe it was poised for a rewarding auction.
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March 11, 2024
FDA Seeks $7.2B For Fiscal Year 2025
The U.S. Food and Drug Administration on Monday said that it is requesting $7.2 billion as part of the Biden administration's proposed budget, an increase of nearly $500 million from fiscal year 2023's funding, with $15 million aimed at protecting food safety and nutrition.
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March 11, 2024
Widower Gets 3rd Trial Over Wife's Cancer Misdiagnosis
A Pennsylvania Superior Court panel on Monday granted a third trial to a man whose wife died of cancer, saying that he'd presented enough evidence that her doctor's failure to follow up on discrepancies in her diagnosis deprived her of a chance for a longer life.
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March 11, 2024
NY Man's COVID Loan 'Greed' Merits 10 Years, Feds Say
Federal prosecutors have asked a New York judge to sentence a Long Island man to 10 years in prison for his role in a scheme to steal more than $10 million from the Paycheck Protection Program and other pandemic-era disaster relief programs.
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March 11, 2024
Biden Proposes More Mental Health Expansion In 2025 Budget
The Biden administration's $7.3 trillion fiscal year 2025 spending blueprint unveiled Monday maintains a pledge to transform the nation's mental health system, but contains the least ambitious discretionary budget ask for the U.S. Department of Labor in four years.
Expert Analysis
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Series
ESG Around The World: The UK
Following Brexit, the U.K. has adopted a different approach to regulating environmental, social and governance factors from the European Union — an approach that focuses on climate disclosures by U.K.-regulated entities, while steering clear of the more ambitious objectives pursued by the EU, say attorneys at Dechert.
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3 Tips For Defending Against Data Breach Litigation
As cyberattacks become more prevalent, companies responding to data breaches must consider several strategies to better position themselves in the event of litigation even during their preliminary investigations and breach notifications, say attorneys at Davis Wright.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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What Pharma Cos. Must Know About FDA Off-Label Guidance
The U.S. Food and Drug Administration recently issued draft guidance on how pharmaceutical companies should share research on off-label use of medical devices, outlining how firms could avoid enforcement action — especially when disseminating self-created content about their own products, say Jacqueline Berman and Maarika Kimbrell at Morgan Lewis.
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It's Time To Prescribe Frameworks For AI-Driven Health Care
As health care providers begin to adopt artificial intelligence in clinical settings, new legal and regulatory challenges are emerging, with the critical issue being balancing AI's benefits and innovations in health care while ensuring patient safety and provider accountability, say attorneys at Kirkland.
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Opinion
Air Ambulance Ch. 11s Show Dispute Program Must Resume
Air Methods’ recent bankruptcy filing highlights the urgent need to reopen the No Surprises Act’s independent dispute resolution program for air ambulances, whose shutdown benefits insurance companies and hurts providers, says Adam Schramek at Norton Rose.
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Preparing For Higher Health Transaction Standards In Calif.
The California Office of Health Care Affordability's revised draft regulations on the reporting of health care transactions incorporate useful improvements to the regulatory scheme, but also contain provisions that may cause concerns for parties contemplating covered transactions, says Andrew Demetriou at Husch Blackwell.
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How Ill. Supreme Court Could Shape Statutory Violation Cases
In Fausett v. Walgreens, the Illinois Supreme Court will take up the question of whether a violation of the Fair and Accurate Credit Transactions Act satisfies the injury-in-fact requirement, and any outcome could significantly change the litigation landscape in Illinois, say Donald Patrick Eckler and Joshua Zhao at Freeman Mathis.
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Class Action Defense: Don't Give Up On Bristol-Myers Squibb
Federal appellate court decisions in the six years since the U.S. Supreme Court decided Bristol-Myers Squibb show that it's anyone's ballgame in class action jurisdictional arguments, so defendants are encouraged to consider carefully whether, where and when arguing lack of specific personal jurisdiction may be advantageous, say attorneys at K&L Gates.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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FDA Proposals Clarify Rules For Devices With Predicates
As medical devices continue to grow in complexity, U.S. Food and Drug Administration policies surrounding premarket submissions for devices with existing predicates have fallen behind, but new draft guidances from the agency help fill in some gaps, say attorneys at Hogan Lovells.
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State Regs Sow Discord Between Cannabis, Hemp Industries
Connecticut, Maryland and Washington are the latest states choosing to require intoxicating hemp products to comply with the states' recreational marijuana laws, resulting in a widening rift between cannabis and hemp as Congress works on crafting new hemp legislation within the upcoming 2023 Farm Bill, say attorneys at Wilson Elser.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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How Int'l Regulatory Collabs Can Expedite Pharma Approvals
Recent announcements highlight the growing importance of international regulatory collaboration for drug approval, which can greatly streamline the process for companies seeking to market their drugs in other countries, say Geneviève Michaux and Christina Markus at King & Spalding.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.