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Health
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March 05, 2024
Pharmacist Takes Deal In Mich. Over Fatal Meningitis Outbreak
The founder of a Massachusetts drug compounding center that was the source of a deadly meningitis outbreak has pled no contest to 11 counts of manslaughter brought by Michigan state prosecutors, the latter state's Department of Attorney General announced Tuesday.
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March 05, 2024
CVS Again Defeats NY AG's Drug Rebate Tying Claims
A Manhattan judge on Tuesday threw out a second New York attorney general lawsuit accusing CVS Pharmacy Inc. of illegally forcing underserved hospitals to use its claims-processing subsidiary for federal drug reimbursements, saying the government still hasn't pled viable antitrust claims.
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March 05, 2024
NC Panel Won't Revive Injury Suit Sunk By Lack Of Expert
A North Carolina appeals court on Tuesday backed the dismissal of a medical malpractice suit alleging that negligent care of a patient caused her death, ruling the patient's daughter hadn't hired a reliable doctor to back her lawsuit.
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March 05, 2024
FTC Chair Decries PE's Healthcare Impacts As Probe Starts
Federal Trade Commission Chair Lina Khan on Tuesday lamented what she deemed the "financialization" of healthcare resulting from private equity buyouts, in remarks coinciding with the launch of a multijurisdictional request for public comment on PE and other companies' growing control over the healthcare system.
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March 05, 2024
Conn. Healthcare Trade Group Drops Staffing Rule Challenge
A healthcare trade group has dropped its suit seeking to stop Connecticut health officials from implementing new nursing home staff allocation controls in the wake of a new law increasing per-patient staffing hours.
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March 05, 2024
Avadel Told To Pay Jazz Pharma $234K Over Narcolepsy Drug IP
A Delaware federal jury found Monday that a specialty drugmaker owes nearly $234,000 to drug manufacturer Jazz Pharmaceuticals Inc. for using a patented process behind its newer narcolepsy drug, launched last year to sales of over $28 million.
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March 05, 2024
DocGo Hit With Investor Suit Over 'Limitless' Charter Clause
A mobile-healthcare company under scrutiny after being awarded a $432 million contract to provide services for migrants in New York City has been hit with a stockholder suit in Delaware's Court of Chancery alleging that the company's charter contains "broad and limitless" provisions that run afoul of state corporate law.
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March 05, 2024
Express Scripts Gets Pharmacy's Contract Breach Suit Cut
A Missouri federal judge tossed out two claims in a five-count suit accusing Express Scripts of conducting a faulty audit on a New York pharmacy and then wrongfully terminating their contract, saying the pharmacy can't sue under two laws it cited.
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March 05, 2024
NC Panel Backs School Board, Nonprofit In Forced Vax Fight
A local board of education and a nonprofit are immune from a family's lawsuit claiming they administered a COVID-19 vaccine to a 14-year-old without his parents' consent under a federal law that shields certain activity aimed at resolving the spread of a disease during a public health emergency, the North Carolina Court of Appeals ruled Tuesday in a published opinion.
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March 05, 2024
4th Circ. Won't Let SC Medicaid Drop Planned Parenthood
The Fourth Circuit rejected on Tuesday South Carolina's attempt to terminate its Medicaid provider agreement with Planned Parenthood, unpersuaded by the state's argument that a recent U.S. Supreme Court decision compelled a different outcome.
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March 05, 2024
Rite Aid Process To Break Leases, Close Stores In Ch. 11 OK'd
A New Jersey bankruptcy judge on Tuesday signed off on procedures for bankrupt retail pharmacy chain Rite Aid Corp. to potentially shutter 210 rented stores with fast-approaching lease rejection deadlines, overruling objections from two landlords.
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March 05, 2024
GOP Sens. Voice Concern Over Biden Plan To Claim Patents
Sen. Bill Cassidy, R-La., the top Republican on the Senate health committee, and 16 other Senate Republicans recently aired concerns with the director of the National Institutes of Health about the Biden administration's plan to "illegally" seize drug patents.
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March 05, 2024
FDA Rejection Of Fosamax's Label Fix Not Final, 3rd Circ. Told
Counsel for patients suing Merck over its osteoporosis drug Fosamax's alleged risk of causing painful bone fractures told a Third Circuit panel Tuesday that a Food and Drug Administration letter denying changes to the drug's label does not count as a final agency action triggering federal preemption of state law failure to warn claims.
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March 05, 2024
NJ Atty Aims To Duck Claims He Botched Suit Amid Pandemic
A New Jersey attorney has asked a state court to dismiss a former client's legal malpractice claims against him arising out of the confusion of the onset of the COVID-19 pandemic, arguing that the allegations show "duplicity" in repudiating an underlying medical malpractice settlement he negotiated for her.
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March 05, 2024
Aetna Accused Of 'Reprehensible' ER Services Underpayment
Multiple Aetna health insurance entities were hit with a lawsuit in Ohio accusing them of "reprehensible systemic underpayments" to healthcare workers who provide emergency services, underpayments that the complaint said were damaging to the medical system.
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March 05, 2024
EQT Lands $3.3B For Climate And Health Investments
Swedish private equity giant EQT, advised by Kirkland & Ellis LLP, on Tuesday announced that it clinched its EQT Future Fund after securing €3 billion ($3.3 billion) in commitments, which will be used to invest across the climate and nature and health and well-being sectors.
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March 04, 2024
Former DOJ Assistant Chief Joins Bird Marella
The assistant chief in the fraud section of the Department of Justice's Criminal Division joined Bird Marella Rhow Lincenberg Drooks & Nessim LLP, the firm announced Tuesday.
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March 04, 2024
Crowell & Moring Int'l Names Global Life Sciences Head
Crowell & Moring International LLC has hired a new chairman of its global life sciences group, who joins with over three decades of experience working to expand market access for healthcare, life sciences and medical device clients, the firm announced Tuesday.
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March 04, 2024
DLA Piper Snags Temporary Block Of Docs Order In Sale Spat
A Texas appellate court has agreed to block a trial court's order that would have forced DLA Piper to hand over communications with a medical group it represented in a sale, tentatively finding the firm will either prevail in its challenge or that a "serious question" requires further consideration.
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March 04, 2024
Tobacco Cos. Urge DC Circ. To Ax Broad Health Warning Order
Tobacco giants R.J. Reynolds and ITG Brands have backed a bid to overturn a D.C. district court order classifying Philip Morris USA's electronic tobacco devices, called HeatSticks, as "cigarettes," thereby subjecting them to the same marketing requirements that warn consumers of the negative health effects of smoking.
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March 04, 2024
Elanco Urges Justices To Preserve Junk Fax Win
Pet medicine company Elanco Animal Health Inc. has told the U.S. Supreme Court that its faxed invitations to a veterinarian seminar don't count under the Telephone Consumer Protection Act's prohibition on unsolicited fax advertisements, as the Seventh Circuit ruled in July.
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March 04, 2024
Novant Rival Fights Bid To Access Confidential FTC Docs
Novant Health can't unshield information given to regulators challenging its $320 million merger with two hospitals in North Carolina, a competitor hospital has told a federal court, saying it turned over those sensitive documents believing they would always be kept under wraps.
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March 04, 2024
5th Circ. May Uphold National Block On ACA Preventive Care
The Fifth Circuit appeared open Monday to striking down Affordable Care Act requirements forcing insurers to cover a range of preventive treatments such as mammograms and HIV prevention medication, homing in on constitutional problems with how members of a task force setting coverage mandates were appointed.
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March 04, 2024
Insurer Wants Trade Secret Suit Dropped Sans Atty Fee Award
A dental health insurer asked a Washington federal judge on Monday to toss its trade secret claims against an ex-executive without leeway for her to request legal fees, arguing that she can't be considered a winning party because she handed over a company laptop after being hit with the suit.
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March 04, 2024
Vax Refusal Doesn't Negate Benefits, Mass. Top Court Says
Massachusetts' highest court ruled Monday that an employee's refusal of the COVID-19 vaccine for religious reasons can be grounds for dismissal, but not for stripping them of unemployment benefits.
Expert Analysis
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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.
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Calif. GHG Disclosure Law Will Affect Companies Worldwide
California's Climate Corporate Data Accountability Act, which will require comprehensive greenhouse gas emissions disclosures from large companies operating in the state, will mean compliance challenges for a wide range of industries, nationally and globally, as the law's requirements will ultimately trickle out and down, say attorneys at Brownstein Hyatt.
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Questions Linger After FDA's Lab-Developed Tests Proposal
The U.S. Food and Drug Administration's recently proposed rule regarding its plan to regulate lab-developed tests is light on details, leaving many fundamental questions about the agency's authority and ability to execute its plans, say attorneys at Covington.
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Lessons For Biosimilar And Biologic Antitrust Litigation
Aaron Marks at Cohen Milstein considers emerging ways in which biosimilar markets differ from traditional small-molecule drug markets, and recommends how pharmaceutical antitrust litigators can account for these market dynamics in biosimilar-delay cases.
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Balancing Justice And Accountability In Opioid Bankruptcies
As Rite Aid joins other pharmaceutical companies in pursuing bankruptcy following the onslaught of state and federal litigation related to the opioid epidemic, courts and the country will have to reconcile the ideals of economic justice and accountability against the U.S. Constitution’s promise of a fresh start through bankruptcy, says Monique Hayes at DGIM Law.
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Louisiana's Toxic Tort Barrier May Be Weakening
Louisiana's short prescriptive period to bring a survival action has long served as an important barrier against toxic tort claims, but the plaintiffs bar will likely rely on the recent Fifth Circuit decision in Jack v. Evonik to argue that anyone who arguably suffered injury based on exposure to some toxic substance may have a claim, say attorneys at Kirkland.
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How To Navigate The FTC's New Private Equity Frontier
The Federal Trade Commission's recent district court complaint against an anesthesia firm and its private equity partner tests key bounds of the agency's stand-alone authority, and defense strategies can include challenges to both the geographic and the service market fronts, say attorneys at Baker McKenzie.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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When And How Companies Should Build An AI Strategy
Once a company has decided to engage with artificial intelligence, there are myriad steps that need to be taken, beginning with the creation of an AI leadership team that has deep knowledge about the company's business risks and is highly respected by senior management, say Judith Rinearson and Corey Bieber at K&L Gates.
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An Overview Of Congress' Proposed Drug Shortage Solutions
Recently, Congress has seen a number of bipartisan bills that seek to prevent and respond to national drug shortages, though disagreements over the right vehicle and timeline have slowed progress, says Miranda Franco at Holland & Knight.
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5th Circ. Ruling Shows Need For Proffer Terms Negotiation
The Fifth Circuit’s recent U.S. v. Shah decision, holding that a defendant breached his proffer agreement, illustrates why defense attorneys should insist on negotiating the terms of such agreements with prosecutors to protect their clients at trial, say attorneys at Haynes Boone.
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Data Furnishers Should Watch CFPB Plans For Class Actions
Companies should follow the Consumer Financial Protection Bureau’s rulemaking process as it considers allowing class actions against data brokers that provide incorrect consumer information to credit reporting agencies, a move that could rewrite the legal risks of participating in the consumer reporting ecosystem, say attorneys at Troutman Pepper.