Health

  • February 20, 2024

    Healthcare Group Of The Year: Hogan Lovells

    Hogan Lovells' health team secured multibillion-dollar acquisitions and redefined the limits of federal antitrust challenges against state healthcare transactions in just two chapters of its landmark year for the health practice group, landing it among Law360's 2023 Healthcare Practice Groups of the Year.

  • February 20, 2024

    'Perfect Storm' Allows For Med Mal Suit Deadline Extension

    A New Jersey appeals panel won't throw out a woman's claims against an anesthesiologist in a suit over a botched procedure, saying a "perfect storm" of circumstances warrants an extension of the 120-day deadline for filing an affidavit of merit.

  • February 20, 2024

    Pa. Contractor Says Ohio Cosmetic Centers Skipped $2M Bill

    A construction contractor took the owner of several medical spa and cosmetic surgery practices to Pennsylvania state court on Friday after the healthcare firm allegedly halted projects in two Ohio suburbs and then failed to pay $2 million that the builder was owed for its work on them.

  • February 20, 2024

    Justices Won't Touch UBH Mental Health Coverage Case

    The U.S. Supreme Court declined Tuesday to hear United Behavioral Health's challenge to a Tenth Circuit decision that found the company violated federal benefits law by refusing to cover a teenage girl's inpatient mental health treatment claims.

  • February 16, 2024

    Judge Seeks Briefing On New Expert Proposed In Tylenol MDL

    U.S. District Judge Denise Cote signaled Friday that she's willing to consider a new expert witness proposed in the multidistrict litigation alleging prenatal exposure to acetaminophen causes ADHD, directing the parties to propose a briefing schedule on whether the expert's opinion is admissible.

  • February 16, 2024

    11th Circ. Upholds Insurer's Win In Worker's Health Bias Fight

    The Eleventh Circuit on Friday rejected a former Alfa Mutual Insurance Co. worker's bid to reopen her disability discrimination suit accusing the insurer of illegally firing her to sidestep high healthcare costs related to her multiple sclerosis and severe migraines.

  • February 16, 2024

    Athira Pharma Investors Win OK Of $10M Deal On Second Try

    Over 30,000 Athira Pharma investors have scored preliminary approval of a $10 million settlement over claims its former CEO manipulated studies relating to an Alzheimer's drug, five months after a Washington federal judge rejected their first bid but let them try again to address concerns over conflicts and equitable treatment.

  • February 16, 2024

    ADA Does Not Protect Medical Pot Use, Vt. Court Says

    A Vermont transit worker can't pursue a civil rights lawsuit against his employer who terminated him after he tested positive for marijuana, a Vermont federal judge has ruled, saying the Americans with Disabilities Act doesn't protect people with disabilities treated with medical marijuana.

  • February 16, 2024

    NC's Stein Supports Abortion Drug Manufacturer In W.Va. Case

    North Carolina Attorney General Josh Stein said Friday that he has jumped in to support an abortion drug manufacturer in its case against West Virginia's restriction of mifepristone, telling the Fourth Circuit that states can't enforce rules on the medication that the U.S. Food and Drug Administration has already dropped.

  • February 16, 2024

    Family Of 23-Year-Old Who Died From Ulcer Gets $30M

    A Florida state jury awarded $30 million to the family of a 23-year-old woman who died from an untreated ulcer at a Tampa hospital after finding the two doctors entrusted with her care liable for negligence.

  • February 16, 2024

    The Congressman Who Reps Cannabis Reform On Capitol Hill

    Rep. Earl Blumenauer speaks to Law360 about the prospects for Congress enacting marijuana reform, why he supports moving cannabis to Schedule III and some of the drug policy triumphs and setbacks in his home state of Oregon.

  • February 16, 2024

    Va. Couple Sues CooperSurgical Over Destroyed Embryos

    CooperSurgical Inc. has been hit with a product liability action in California federal court by a Virginia couple alleging they went through the arduous process of in vitro fertilization only for the company's defective culture media to destroy their irreplaceable embryos.

  • February 16, 2024

    Catching Up With Delaware's Chancery Court

    News broke last week that Delaware's Court of Chancery will say goodbye to its current longest-serving jurist, a development that quickly overshadowed a busy week of new merger and board disputes, fee rulings, settlements, and books-and-records demands.

  • February 16, 2024

    Lack Of Affidavit Gets NJ Med Mal Death Suit Tossed

    A New Jersey appeals panel on Friday threw out a woman's claims that St. Joseph's Regional Medical Center is responsible for her mother's death, finding she failed to submit an affidavit of merit as required by state law.

  • February 16, 2024

    Fired Hospital Worker Can't Keep Fighting PTO Denial

    A maintenance worker who lost an administrative case alleging his ex-employer owed him money for unused paid time off when he was fired cannot try again to get a judgment in state court against the hospital where he worked or Michigan labor regulators, an appellate panel has found.

  • February 16, 2024

    Insurer Seeks To Cancel $15M Policy Over 'Human Life Wager'

    A life insurance company has urged a New Jersey federal court to void a $15 million policy it calls an illegal "human life wager" on a man whose death benefits a bank, rather than his own family.

  • February 16, 2024

    Ape Farm Says Ga. Officials Monkeying With $300M Bond Deal

    The company behind a proposed — and highly controversial — 1.75 million-square-foot monkey rearing facility in southwest Georgia has taken its fight against local officials to federal court, accusing a development authority of trying amid public outcry to back out of a $300 million bond deal to finance the project.

  • February 16, 2024

    Chromocell Hits Stock Markets Following $6.6M IPO

    Clinical-stage biotechnology company Chromocell Therapeutics Corp. began trading publicly on Friday after raising $6.6 million in its initial public offering, becoming the latest in a flurry of biotech IPOs.

  • February 16, 2024

    Medtronic Urges 8th Circ. To Undo Transfer Pricing Ruling

    Medical device company Medtronic asked the Eighth Circuit on Friday to overturn a decision rejecting its pricing method for licensing intellectual property to its Puerto Rican affiliate, saying in the long-running case that Medtronic hadn't used the intercompany arrangement to underreport its income.

  • February 16, 2024

    DC Circ. Sends Ambulance Co. Info Spat Back To NLRB

    The D.C. Circuit on Friday vacated a National Labor Relations Board decision that found an ambulance company unlawfully withheld information from a union, telling the board to review the company's obligation to provide documents under the parties' labor contract.

  • February 16, 2024

    Therapy Co.'s Policy Lie Bars Fraud Coverage, 4th Circ. Says

    A defunct child therapy practice is not entitled to coverage for suits accusing one of the practice's employees of pretending to be licensed, the Fourth Circuit affirmed in a published opinion Friday, saying a material misrepresentation in the clinic's insurance applications warrants rescission of the policy.

  • February 16, 2024

    Littler Hit With DQ Bid For Wielding Mistakenly Produced Doc

    Littler Mendelson PC has gained an "unfair advantage" and should be booted from defending a Florida pharmacy services company for using an inadvertently produced, privileged document in a deposition last week, a woman suing the company for whistleblower retaliation said.

  • February 16, 2024

    Taxation With Representation: Paul Weiss, Kirkland

    In this week's Taxation With Representation, Diamondback buys Endeavor, KKR & Co. acquires a stake in Cotiviti, and Gilead Sciences Inc. purchases CymaBay Therapeutics Inc.

  • February 16, 2024

    Janssen FCA Claims Not Barred By Old Cases, Judge Says

    Prior litigation that referred to Janssen Biotech's marketing practices does not bar a False Claims Act complaint from moving forward because the earlier cases did not allege the same type of fraud, a Massachusetts federal judge ruled Thursday.

  • February 16, 2024

    Telemedicine Exec Admits $110M Medicare Fraud Scheme

    A Florida man agreed to plead guilty to orchestrating a $110 million Medicare fraud scheme using telemedicine and telemarketing companies to generate falsified orders for knee braces and other medical equipment, Boston federal prosecutors said Friday.

Expert Analysis

  • 7 Common Compliance Pitfalls For Multistate Pharmacies

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    In light of a California bill recently introduced to prevent medication errors at understaffed chain pharmacies — which could add yet another regulatory hurdle for certain establishments operating across the U.S. — pharmacies operating in multistate capacities must proactively mitigate operational risks, say attorneys at Troutman Pepper.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • FDA's Drug Software Draft Guidance Raises New Questions

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    The U.S. Food and Drug Administration's long-awaited draft guidance regarding regulatory considerations for prescription drug use-related software functions as an informative starting point for developers, but many new and lingering questions must be answered before the regulatory limbo is resolved, say attorneys at King & Spalding.

  • Series

    ESG Around The World: European Union

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    As the EU makes ESG regulation a priority, companies — both those based in the EU and others just doing business there — need to keep abreast of myriad new legislation that has either already taken effect or will in the near future, as noncompliance could result in fines, damages and director liability, say attorneys at Steptoe & Johnson.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • 4 Pharma Industry Arguments Against CMS Drug Pricing Plan

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    The Centers for Medicare & Medicaid Services is facing significant pushback regarding its plans for implementing the Inflation Reduction Act's Medicare drug price negotiation program, due to a number of potential repercussions for manufacturers, say attorneys at Mintz Levin.

  • Issues Ahead As Psychedelic Medicine Faces Pivotal Moment

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    Recent regulatory changes and decriminalization efforts have opened doors for research and development in psychedelic medicine, but challenges like stigma, access and funding persist, meaning companies will need to address these issues to support the industry’s credibility, say consultants at FTI Consulting.

  • Bracing For Regulatory Delays As Shutdown Looms

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    As a government shutdown looms, stakeholders should plan for regulatory delays and note that more regulations could become vulnerable to congressional disapproval under the Congressional Review Act, say Matthew Shapanka and Holly Fechner at Covington.

  • An Overview Of 6 PBM Bills Moving Through Congress

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    As legislators turn to pharmacy benefit manager reform as a potential next step in addressing the cost of prescription drugs, six congressional committees have recently advanced PBM-related legislation with generally high bipartisan support, suggesting that a final package is likely to advance through Congress, say Rachel Stauffer and Katie Waldo at McDermott+Consulting.

  • 10th Circ. ERISA Ruling Is Promising For Self-Funded Plans

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    Though some recent appellate decisions have seemingly narrowed application of Employee Retirement Income Security Act preemption, which generally helps protect self-funded health plans from state regulation, the Tenth Circuit's decision in PCMA v. Mulready takes a big step toward reaffirming preemption, say attorneys at Bass Berry.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Checking In On How SuperValu Has Altered FCA Litigation

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    Four months after the U.S. Supreme Court's ruling in U.S. ex rel. Chutte v. SuperValu, the decision's reach may be more limited than initially anticipated, with the expansion of the scienter standard counterbalanced by some potential defense tools for defendants, say Elena Quattrone and Olivia Plinio at Epstein Becker.

  • Series

    Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • How A Gov't Shutdown Would Affect Immigration Processing

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    While a government shutdown would certainly create issues and cause delays for immigration processing, independently funded functions would continue for at least a limited time, and immigration practitioners can expect agencies to create reasonable exceptions and provide guidance for navigating affected matters once operations resume, say William Stock and Sarah Holler at Klasko Immigration Law Partners.

  • Opinion

    Smart Immigration Reform Can Improve Health Care Access

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    With the U.S. health care crisis expected to worsen due to ongoing nationwide physician shortages, immigration reform can provide one short-term solution to bring more trained doctors to medically underserved areas, says Sarah Peterson at Fragomen.

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