Health

  • August 29, 2024

    Sutter Health Kickback Fight Likely Headed To Nov. Trial

    A California federal judge indicated Wednesday she's likely to send at least some claims in a whistleblower's kickback suit against Sutter Health and a surgical-practice group to a November trial, saying during a hearing there are disputes over the credibility of certain evidence and that's "the providence of the jury."

  • August 29, 2024

    Comer Tells PBMs To Correct Record On Role In Drug Pricing

    Rep. James Comer, R-Ky., chair of the House Oversight and Accountability Committee, is demanding that the heads of three major pharmacy benefit managers "correct the record" on their testimony made before his committee in July about their roles in drug pricing, including company claims that the PBMs don't steer customers to in-house pharmacies and that they allow non-affiliated pharmacies to negotiate contracts.

  • August 29, 2024

    Seattle Biotech Can't Immediately Force Out LA Times Owner

    Billionaire and Los Angeles Times owner Dr. Patrick Soon-Shiong will not be forced to recuse himself from a Seattle-based biotech research institute board while the nonprofit's breach-of-fiduciary duty lawsuit against him is pending, a Washington federal judge said on Thursday.

  • August 29, 2024

    Pacira To Appeal Generic's Win In Pain Drug Patent Fight

    Pacira Pharmaceuticals Inc. says it is appealing a New Jersey federal judge's decision invalidating its patent on a nonopioid painkiller and opening the way for generic versions of its drug Exparel, a long-acting injectable for managing postsurgical pain.

  • August 29, 2024

    Convicted Drexel Prof Says Records Would've Swayed Jury

    A Drexel University accounting professor convicted on charges of tax evasion and filing false tax returns after the government accused him of failing to report $3.3 million in income from a Trenton pharmacy has asked a New Jersey federal judge for a new trial.

  • August 29, 2024

    Conn. ER Docs Ask To Drop Harvard Pilgrim Insurance Fight

    A staffing company covering six Connecticut emergency rooms has asked a federal judge to dismiss its lawsuit against Harvard Pilgrim Health Care of Connecticut Inc. after the state's highest court last week ruled in the insurer's favor on three certified questions of law regarding a surprise billing statute.

  • August 29, 2024

    HHS Withdraws Appeal In Hospital Web-Tracking Clash

    The Biden administration on Thursday abandoned its appeal of a federal court decision that knocked down new guidance restricting how hospitals can use web-tracking tools, handing the American Hospital Association a victory in a closely watched case.

  • August 29, 2024

    Full 11th Circ. Won't Rehear Ala. Trans Care Ban Challenge

    The Eleventh Circuit said it will not reconsider its ruling allowing Alabama to enact a ban on certain gender-affirming medical care for minors, knocking down a challenge brought by parents and those who received the treatment of the circuit's ruling, which found that the ban doesn't flout constitutional rights.

  • August 29, 2024

    Houston Law Firm Hit With 2nd Data Breach Suit

    Houston personal injury firm Fleming Nolen & Jez has been hit with another proposed class action over a February 2023 data breach that exposed clients' personal and health information.

  • August 29, 2024

    GOP States Ask Justices To Undo Trans Patients' 4th Circ. Win

    A group of two dozen Republican attorneys general told the U.S. Supreme Court it should review a Fourth Circuit decision barring West Virginia and North Carolina from excluding coverage of gender-affirming medical care for transgender people, arguing states need the power to control controversial nascent treatments.

  • August 29, 2024

    Man Gets Prison In Journalist Harassment Case

    A man who pled guilty to his role in a scheme to harass two New Hampshire Public Radio journalists was sentenced to two years and three months in prison.

  • August 28, 2024

    CVS Can't Avoid Federal Claims In $200M FCA Suit

    A former CVS Health compliance director can pursue claims the company and its subsidiaries pocketed more than $200 million in overpayments, after an Illinois federal judge on Monday tossed several other claims from a qui tam suit alleging various schemes by CVS to take money from the government.

  • August 28, 2024

    9th Circ. Overturns Rule Mandating Sealing Of Health Records

    A Ninth Circuit panel found Wednesday that Hawaii state court rules mandating the automatic sealing of medical and health records in civil and criminal proceedings are unconstitutionally overbroad.

  • August 28, 2024

    Dr.'s Suit Blames Practice's Buyer For Chaos After Sale

    A North Carolina doctor struck back in a lawsuit blaming him for business challenges following the sale of his practice to another physician, alleging in counterclaims that the purchasing physician lied about his intentions for the practice and ultimately led it to ruin.

  • August 28, 2024

    SEC Says Repeat Offenders Ran Medical Co. Investment Scam

    The U.S. Securities and Exchange Commission has reached a settlement with one of two men it accused of inflating the price of a healthcare company before an initial public offering with a shell company, saying he has violated a trading bar from the agency's previous suit against him.

  • August 28, 2024

    Suit Against BCBS Unit Over COVID-19 Test Claims Tossed

    A Florida federal judge on Wednesday nixed a laboratory's lawsuit accusing a Blue Cross Blue Shield unit of violating state and federal laws by underpaying or refusing to pay COVID-19 testing claims during the pandemic.

  • August 28, 2024

    Walgreens Brass Hid Pharmacy Division Woes, Suit Says

    Walgreens' directors and officers have been hit with a derivative suit by a shareholder who says the company and its executives inflated stock value by publicly expressing confidence in the pharmacy division's growth while hiding its struggles adapting to industry hurdles.

  • August 28, 2024

    NC Hit With Class Action Over Foster Care System In 'Crisis'

    North Carolina Gov. Roy Cooper and the state Department of Health and Human Services are to blame for a state foster care system in "crisis," according to a new federal class action alleging that children's rights have been trampled as the Tar Heel State struggles to keep pace with a ballooning foster care population.

  • August 28, 2024

    11th Circ. Trans Health Redo May Spark Supreme Court Fight

    The Eleventh Circuit's recent decision to rehear Georgia county officials' appeal seeking to exclude gender-confirmation surgery from its employee healthcare coverage rekindles an appellate debate on the extent to which Title VII protects transgender workers that could soon reach the U.S. Supreme Court, attorneys say.

  • August 28, 2024

    Mont. Hospital Pays $11M In FCA Case For Doc's Fake Billing

    Nonprofit healthcare center St. Peter's Health will pay nearly $11 million to settle alleged False Claims Act violations stemming from conduct by a former oncology doctor who submitted fraudulent claims to government programs for up-coded cancer treatment services and who double-billed office visits to boost his own salary, according to the U.S. Attorney's Office for the District of Montana.

  • August 28, 2024

    Del. Justices OK Mid-Case Appeal In Zantac Class Suit

    The Delaware Supreme Court on Tuesday said it would hear a mid-case appeal in mass tort litigation over claims that the heartburn drug ranitidine, widely sold under the name Zantac, caused cancer.

  • August 28, 2024

    NJ Health System Repeats Call For Proskauer DQ

    New Jersey health network CarePoint Health Management Associates LLC has redoubled its call for a New Jersey federal judge to disqualify Proskauer Rose LLP from representing competitor RWJBarnabas Health Inc. amid antitrust claims brought by CarePoint, arguing CarePoint's prior representation by Proskauer is substantially related to the case.

  • August 28, 2024

    Conn. Dental Practices Settle False Claims Case For $1.7M

    Three dental practices in Connecticut and their owners have paid a $1.7 million settlement after federal and state authorities accused them of using an illegal patient recruiting tactic and paying kickbacks that ripped off Medicaid.

  • August 27, 2024

    Cherokee Nation's Opioid Suit Sent Back To State Court

    An Oklahoma federal judge has adopted a magistrate judge's recommendation to send a Cherokee Nation opioid lawsuit against pharmaceuticals distributor Morris & Dickson back to state court, agreeing that the negligence case isn't predicated on a duty arising out of the federal Controlled Substances Act.

  • August 27, 2024

    Justices Told Gender Care Ban Defies Decades-Old Precedent

    A group of transgender adolescents on Tuesday urged the U.S. Supreme Court to overturn a Sixth Circuit decision allowing Tennessee to enforce a state ban on certain medical procedures that they say treats individuals differently based on their assigned sex at birth.

Expert Analysis

  • Navigating Scrutiny Of Friendly Professional Corps. In Calif.

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    In light of ongoing scrutiny and challenges to private equity participation in the California healthcare marketplace, particularly surrounding the use of the friendly professional corporation model, management services organizations should consider implementing four best practices, say attorneys at Holland & Knight.

  • Takeaways From New HHS Substance Use Disorder Info Rules

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    A new U.S. Department of Health and Human Services rule continues the agency's efforts to harmonize complex rules surrounding confidentiality provisions for substance use disorder patient records, though healthcare providers will need to remain mindful of different potentially applicable requirements and changes that their compliance structures may require, say attorneys at Ropes & Gray.

  • Series

    After Chevron: Expect Few Changes In ITC Rulemaking

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    The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q2

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    The second quarter of 2024 in California, which saw efforts to expand consumer protection legislation and enforcement actions in areas of federal focus like medical debt and student loans, demonstrated that the state's role as a trendsetter in consumer financial protection will continue for the foreseeable future, say attorneys at Sheppard Mullin.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

  • How Cannabis Rescheduling May Affect Current Operators

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    The U.S. Drug Enforcement Agency's proposal to reschedule marijuana to Schedule III provides relief in the form of federal policy from the stigma and burdens of Schedule I, but commercial cannabis operations will remain unchanged until the federal-state cannabis policy gap is remedied by Congress, say Meital Manzuri and Alexis Lazzeri at Manzuri Law.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

  • Air Ambulance Ruling Severely Undermines No Surprises Act

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    A Texas federal court's recent decision in Guardian Flight v. Health Care Service — that the No Surprises Act lacks a judicial remedy when a health insurer refuses to pay the amount established through an independent review — likely throws a huge monkey wrench into the elaborate protections the NSA was enacted to provide, says Mark DeBofsky at DeBofsky Law.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.

  • Del. Bankruptcy Ruling Will Give D&O Insureds Nightmares

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    In Henrich v. XL Specialty Insurance, the Delaware Bankruptcy Court recently found that a never-served qui tam claim had been "brought" before a D&O policy's retroactive date, thereby eliminating coverage, and creating a nightmare scenario for directors and officers policyholders facing whistleblower claims, says David Klein at Pillsbury.

  • Opinion

    No Matter The Purdue Ruling, Mass Tort Reform Is Needed

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    The U.S. Supreme Court will soon issue its opinion in the bankruptcy of Purdue Pharma LP, and regardless of the outcome, it’s clear legal and policy reforms are needed to address the next mass tort, says William Organek at Baruch College.

  • How Congress Is Tackling The US Healthcare Shortage

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    With healthcare shortages continuing across the U.S. despite industry efforts to improve patient access to care, increased Medicare support for graduate medical education could be a crucial component of the solution, say Sarah Crossan and Miranda Franco at Holland & Knight.

  • Opinion

    Why The Patent Eligibility Restoration Act Can Spur Progress

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    Patent practitioners have long wrestled with the effects of U.S. Supreme Court decisions that have muddied the waters of what can be patented, but the Patent Eligibility Restoration Act can change that, and those not involved with patents on a day-to-day basis can help get this act passed, says John White at Harness IP.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

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