Health

  • August 22, 2024

    Texas Tells High Court It's Not Idaho '2.0' In HHS Abortion Row

    Texas and a pair of anti-abortion doctor organizations have urged the U.S. Supreme Court to reject the federal government's appeal of a Fifth Circuit decision blocking the Biden administration's guidance that hospitals must provide emergency stabilizing medical care, including abortions. 

  • August 22, 2024

    Ex-MiMedx Sales Rep Says Fraud Schemes Pushed Her Out

    A former employee of controversial biotech firm MiMedx who was sued for joining a competitor earlier this year hit the company back with a counterclaim Tuesday charging that she was forced out for refusing to go along with the company's alleged flouting of U.S. Food and Drug Administration regulations and rampant overbilling schemes.

  • August 22, 2024

    Investors Sue Orthopedics Co., Ousted Execs Over Stock Drop

    Investors of Texas-based Orthofix Medical Inc. have launched a proposed class action against the spine and orthopedics company and current and former executives, claiming the company's stock tumbled more than 30% following Orthofix's merger with medical technology company SeaSpine in 2023 and the unexpected termination and reshuffle of some of the company's C-suite.

  • August 22, 2024

    2nd Circ. Says Feds Can't Forcibly Drug Man Facing Removal

    The Second Circuit ruled Thursday that the Bureau of Prisons can't yet forcibly administer antipsychotic medication to render a Sierra Leone native competent to stand trial on charges of assaulting officers at a prison where he was being detained pending deportation.

  • August 22, 2024

    DLA Piper Wants Texas High Court To Review Doc Order

    DLA Piper has asked the Texas Supreme Court to review a trial court order that would force it to hand over communications with a medical group it represented in a sale, writing that an ex-client is trying to carve out an exception to attorney-client privilege because she had hired multiple law firms.

  • August 22, 2024

    Pa. Air Force Vet Can't Challenge Court's Medical Pot Rules

    A Pennsylvania appeals court won't let an Air Force veteran challenge the medical cannabis rules for treatment court programs in Berks County, saying he lacks standing because his use of medical cannabis was not the reason he was denied entry into the programs.

  • August 21, 2024

    Fed. Circ. Won't Rethink IP Safe Harbor Case

    The Federal Circuit on Wednesday declined to review its decision affirming the dismissal of Edwards Lifesciences' infringement suit against Meril Life Sciences after Edwards urged the full court to narrow its interpretation of a U.S. Food and Drug Administration safe harbor that essentially allows patent infringement during drug development.

  • August 21, 2024

    2nd Circ. Partly Revives Life Insurance Suit Against AXA

    The Second Circuit on Wednesday affirmed the dismissal of an investment firm founder's claims alleging AXA Equitable Life Insurance Co. caused the founder to miss a payment that led to the termination of his life insurance policies, but revived his claim that AXA wrongly denied his request to reinstate the policies.

  • August 21, 2024

    Tobacco Cos. Ask Justices To Review FDA's New Warnings

    R.J. Reynolds Tobacco Co. is urging the U.S. Supreme Court to review a Fifth Circuit decision affirming an FDA rule mandating new health warnings on cigarette packaging and advertisements, arguing that the court created an unjustified circuit split when it found the graphic warnings are "purely factual and uncontroversial."

  • August 21, 2024

    No Coverage For CVS In Additional Opioid Actions

    A Delaware state court ruled that CVS cannot get coverage for over 200 opioid-related actions that remained at issue after the pharmacy chain and its insurers agreed that thousands of other opioid suits aren't covered, finding the remaining suits asserted claims for economic harm, not bodily injury or property damage.

  • August 21, 2024

    Conn. Justices Back Insurer's Out-Of-Network Patient Bills

    The Connecticut Supreme Court on Wednesday limited an emergency physician group's attempt to require a medical insurer to shoulder patient costs under the state's surprise medical billing law, holding that insurers can charge patients for shared costs, such as deductibles and copayments, at lower levels without violating consumer protection laws.

  • August 21, 2024

    Mich. High Court Asked To Redo Wrongful Death Ruling

    The family of a deceased teen asked the Michigan Supreme Court on Tuesday for another chance to show that future earnings awards should be allowed in wrongful death cases, arguing the court's recent ruling restricting those awards ignored important state law.

  • August 21, 2024

    Union Health Plan Trustees Can't Avoid Fee Claim, Judge Says

    Trustees of a UNITE HERE health plan can't topple a group of Southern California workers' claims that they are facing higher administrative expenses compared to another group of workers in Las Vegas, an Illinois federal court ruled Wednesday.

  • August 21, 2024

    9th Circ. Lets Atty Fight Against $8M Malicious Prosecution

    A Nevada attorney may take to the federal court to challenge an Arizona state court's civil judgment finding him liable for malicious prosecution, the Ninth Circuit determined Wednesday, finding the federal district court was wrong to toss his claims on the grounds they were barred by jurisdictional precedent established in the Rooker-Feldman doctrine.

  • August 21, 2024

    Spine Implant Caused Patient's TB, Suit Says

    A North Carolina couple on Tuesday hit biologic technology company Elutia Inc. with a complaint in federal court alleging that the husband contracted tuberculosis from a bone cell product that was implanted into his spine during surgery.

  • August 21, 2024

    Hunters, Breeder Want Puppy Import Ban Paused During Suit

    Hunting groups and a breeder urged a Michigan federal court Wednesday to pause a health policy that bars them from bringing puppies younger than six months old into the U.S., arguing the ban will harm them if it remains active during their legal challenge.

  • August 21, 2024

    NC Biz Court Bulletin: Wrinkle In Textile Family's $17M Fight

    The fate of a $17 million trust battled over by its trustees and Atrium Health, as well as attorney fees in a $1.1 million data breach settlement were cemented by the North Carolina Business Court in the first half of August. In case you missed those and others, here are the highlights.

  • August 21, 2024

    Fla. High Court Rejects Petition Against Abortion Measure Info

    Florida's high court Wednesday rejected a petition from a group challenging the financial impact statement attached to a measure legalizing abortion up to 24 weeks that's slated to appear on the state's ballot in November, saying they never initially challenged a committee's authority to revise a statement they considered flawed.

  • August 21, 2024

    Split 5th Circ. Revives Cameroonian Anglophone's Asylum Bid

    A split Fifth Circuit has revived a Cameroonian nurse's asylum bid, saying in a published opinion that the Board of Immigration Appeals disregarded evidence he offered to prove that the Cameroonian military wanted him dead for purportedly being an English-speaking separatist.

  • August 21, 2024

    Daughter Keeps $9.2M Win In Father's Med Mal Death Suit

    A Georgia appeals court affirmed a $9.2 million wrongful death verdict in favor of a woman whose father died of complications following surgery, rejecting the medical center's argument that the evidence couldn't support the verdict.

  • August 21, 2024

    9th Circ. Doubts Idaho Trans Health Ban Doesn't Discriminate

    The Ninth Circuit appeared reluctant Wednesday to give the state of Idaho a green light for a prohibition on gender dysphoria treatment for minors, with judges vocally skeptical of the state's argument that the policy didn't discriminate based on sex.

  • August 21, 2024

    3rd Circ. Affirms Health Chain Win In Pa. Hospital Sale Dispute

    The seller of a Pennsylvania hospital was in compliance with its state licensing requirements when the facility was sold, and thus, did not violate the terms of the sale agreement when the buyer needed to update its fire-safety plans to stay licensed, the Third Circuit has affirmed.

  • August 21, 2024

    Contractor, Manager Settle Hartford HealthCare No-Poach Suit

    A New Jersey company that manages a sleep clinic in a Connecticut hospital has settled a former clinic manager's lawsuit alleging the company improperly prevented him from getting a job with the hospital's new owner after it fired him.

  • August 21, 2024

    Hillrom Says Funding Docs 'Plainly' Relevant In Antitrust Suit

    Hospital-bed maker Hill-Rom Holdings, doing business as Hillrom, defended its request for litigation funding documents in rival Linet's suit targeting allegedly anticompetitive supply agreements, arguing they will help support its defenses and combat a "David and Goliath" characterization of the case.

  • August 21, 2024

    Health Co. Investors Fight To Keep Suit Over Migrant Deal

    Investors in mobile medical provider DocGo are urging a New York federal judge not to toss a suit alleging it deceived stockholders before a $432 million contract with New York City to provide emergency migrant housing came under public scrutiny, saying the complaint sufficiently establishes that the defendants made material misstatements and omissions.

Expert Analysis

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • 'Food As Health' Serves Up Fresh Legal Considerations

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    The growth of food as medicine presents a significant opportunity for healthcare organizations and nontraditional healthcare players to improve patient outcomes and reduce costs, though these innovative programs also bring compliance considerations that must be carefully navigated, say attorneys at McDermott.

  • DC Circ. Ruling Heightens HHS Contract Pharmacy Challenges

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    The D.C. Circuit's recent ruling that the Section 340B program does not bar manufacturers from restricting deliveries of discounted drugs to contract pharmacies represents a second strike against the U.S. Department of Health and Human Services' current contract pharmacy policy and raises the stakes surrounding an upcoming Seventh Circuit ruling on the same issue, say attorneys at Foley Hoag.

  • FTC Theories Of Harm After Anesthesia Co. Ruling

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    As Federal Trade Commission litigation against U.S. Anesthesia Partners proceeds following a Texas federal court's recent decision to dismiss a private equity sponsor from the suit, the case attempts to incorporate and advance some of the commission's theories of competitive harm from the final 2023 Merger Guidelines, say attorneys at Mintz.

  • 9th Circ. COVID 'Cure' Case Shows Perks Of Puffery Defense

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    The Ninth Circuit's March decision in a case surrounding a company's statements about a potential COVID-19 cure may encourage defendants to assert puffery defenses in securities fraud cases, particularly in those involving optimistic statements about breakthrough drugs that are still untested, say attorneys at Cahill Gordon.

  • FTC Focus: Exploring The Meaning Of Orange Book Letters

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    The Federal Trade Commission recently announced an expansion of its campaign to promote competition by targeting pharmaceutical manufacturers' improper Orange Book patent listings, but there is a question of whether and how this helps generic entrants, say Colin Kass and David Munkittrick at Proskauer.

  • Investors Can Aid In The Acceptance Of Psychedelic Medicine

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    Psychedelic medicine is ready to have its breakthrough moment, and although it still faces political, legal and communications challenges, private equity investors can play a significant role in changing the public perception on psychedelics from taboo to acceptance, say Kimberly Chew at Husch Blackwell, Charlie Panfil at the Daschle Group and Ethan Lutz at FTI Consulting.

  • Class Actions At The Circuit Courts: May Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • 3rd Circ.'s Geico Ruling May Encourage Healthcare Arbitration

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    The Third Circuit's recent decision in Geico v. Mount Prospect, finding that claims under New Jersey's Insurance Fraud Prevention Act can be arbitrated, strengthens arbitration as a viable alternative to litigation, even though it is not necessarily always a more favorable forum, say Khaled Klele and Jessica Osterlof at McCarter & English.

  • Proposed Cannabis Reschedule Sidesteps State Law Effects

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    The U.S. Department of Justice's recent proposal to move cannabis to Schedule III of the Controlled Substances Act provides certain benefits, but its failure to address how the rescheduling would interact with existing state cannabis laws disappointed industry participants hoping for clarity on this crucial question, says Ian Stewart at Wilson Elser.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

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