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Health

  • August 13, 2018

    ActiveCare Gets Nods On DIP Financing, Auction Plans

    A Delaware bankruptcy judge agreed to approve ActiveCare Inc.’s post-petition financing and plans for a $3.75 million stalking horse sale Monday after hours of negotiations to address unsecured creditors’ and the U.S. Trustee’s Office’s concerns the process was moving too quickly.

  • August 13, 2018

    VC Firm Shorted Ex-LLC Member's Cash-Out, Chancery Says

    Pointing to ambiguities in a venture capital firm’s charter and a Delaware business law’s distaste for “forfeiture,” a vice chancellor on Monday ordered the company to rework a terminated member’s cash-out, potentially increasing it by millions of dollars.

  • August 13, 2018

    Opioid MDL Bellwether Trial Postponed 6 Months

    An Ohio federal judge on Monday delayed the first bellwether trial in multidistrict litigation over the opioid epidemic by nearly six months to September 2019, the latest sign that dreams of quickly resolving the epic legal battle may not be realized.

  • August 13, 2018

    Hospice Urges High Court To Avoid FCA Pleading Dispute

    A Florida-based hospice chain Monday pressed the U.S. Supreme Court to avoid wading into a long-simmering dispute over how precisely False Claims Act suits must be pled, asserting that a circuit split on the issue has mostly evaporated.

  • August 13, 2018

    Mass. Health Agency Owner Sentenced For Medicaid Fraud

    The owner of a Boston-based home health agency has been sentenced to two to three years in state prison after a jury convicted her of stealing millions from the state’s Medicaid program, according to an announcement Monday by state Attorney General Maura Healey.

  • August 13, 2018

    Fed. Circ. Wrong On HIV Drug Patent Challenge, Justices Hear

    A health care group told the U.S. Supreme Court it was improperly barred by the Federal Circuit from challenging a patent for an HIV drug because it had not filed an Abbreviated New Drug Application for a generic version of the drug, according to a petition for certiorari related to its request for declaratory judgment ruling the patents are invalid.

  • August 13, 2018

    Insurers Fight Asbestos Firm's Quick Win Bid In Payback Row

    Three health insurers have urged a federal judge in Texas to reject a bid from national asbestos law firm Shrader & Associates LLP to toss the insurers' lawsuit alleging the firm failed to pay their due out of settlement funds, saying the firm was wrong to assert they lack standing to bring the suit.

  • August 13, 2018

    GYNs Sue Cynosure Over 'Vaginal Rejuvenation' Laser

    A Rhode Island gynecological practice on Monday filed a putative class action suit in Massachusetts federal court against cosmetic laser maker Cynosure, which the practice claims has been deceptively marketing a laser system for use as a vaginal rejuvenator.

  • August 13, 2018

    Warner Media Wants Out Of Benefits Suit Over HIV/AIDS Meds

    Warner Media LLC urged a California federal judge to toss a suit over a program that requires HIV/AIDS patients to get their specialty medication only at a CVS pharmacy or by mail order, arguing that the patients couldn’t sue for a benefit — the choice of pharmacy — that was not provided in the company's health plan.

  • August 13, 2018

    Kirkland, Weil Guide $1.74B PE-Backed Hospital Services Deal

    Private equity-backed Universal Hospital Services announced Monday that the provider of health care equipment and services will be sold to Federal Street Acquisition Corp. and rebranded under the name Agiliti in a roughly $1.74 billion transaction guided by Kirkland & Ellis LLP and Weil Gotshal & Manges LLP.

  • August 13, 2018

    1st Circ. Revives Maine Univ. Prof's Sexual Harassment Row

    The First Circuit said a genuine factual dispute should partially revive a lawsuit brought by a Maine professor who said she was retaliated against after filing a complaint saying she was sexually harassed by her supervisor in the exercise and sport performance department, according to a published opinion Friday.

  • August 10, 2018

    How The Legal Industry Lets Down Lawyers With Disabilities

    The dissolution of a five-year-old bar group marks the latest setback for disabled attorneys, who often find little support while navigating an inhospitable industry. This is the first article in a special report on disability inclusion in the legal industry.

  • August 10, 2018

    Gaining Access: Disabled Lawyers Share Their Stories

    In a series of interviews, lawyers tell Law360 how even well-intentioned professors can create barriers, how inclusivity can help a firm’s litigation prowess, and how “inspirational” can be a dirty word. This article is part of our special report on disability inclusion in the legal industry.

  • August 10, 2018

    Claims Processor Wants Out Of Benefits Suit Alleging Fraud

    The insurance claim-processing company Allied Benefit Systems Inc. told a California judge on Thursday that it shouldn’t be a party to a proposed class action against a chain of shuttered Southern California rehabilitation centers accused of stealing from its employees under the guise of funding a benefit plan.

  • August 10, 2018

    Business Groups Take Up Fight To Amend Calif. Privacy Law

    More than three dozen business groups from the tech, retail, health, banking and other sectors are pushing California lawmakers working on making "technical" changes to a hastily enacted landmark privacy law to address some of the more "unworkable" aspects of the statute and to extend the compliance deadline. 

  • August 10, 2018

    Unsecured Creditors Blast ActiveCare's Fast-Track Sale

    A committee of unsecured creditors on Thursday asked the Delaware bankruptcy court to halt diabetes patient monitoring company ActiveCare Inc.’s Chapter 11 sale plans, claiming there are problems with proposed financing, the stalking horse bid and the timing of the sale.

  • August 10, 2018

    Health Plans Must Face Suit Over Denying Wilderness Therapy

    Regence BlueShield and Cambia Health Solutions Inc. can't dodge a proposed class action accusing them of improperly denying health insurance claims for wilderness therapy, an immersive form of therapy used to treat emotional, mental and behavioral issues in young people, a Washington federal judge decided Thursday.

  • August 10, 2018

    Hospital Workers Could Picket By Entrance, DC Circ. Affirms

    The National Labor Relations Board did not overstep with its finding that off-duty workers at a Washington state hospital were protected by federal labor law when they moved a picket from a nearby sidewalk to the facility entrance, a D.C. Circuit panel said Friday.

  • August 10, 2018

    Health Co. Says Insurer Owes Coverage For Benefits Dispute

    A health management solutions company accused Atlantic Specialty Insurance Co. in Iowa federal court Friday of wrongly denying coverage for costs incurred from an Employee Retirement Income Security Act suit over a purchase by the company's employee stock ownership plan.

  • August 10, 2018

    Fla. Medical Provider To Pay $2.2M To End Kickback Claims

    Trinity Medical Pharmacy LLC agreed to pay $2.2 million to end claims it violated the False Claims Act by accepting kickbacks and failed to inform the federal government that its chief operating officer was a convicted felon, the U.S. Department of Justice said on Friday.

Expert Analysis

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.

  • New Agency Insights On Independent Contractors

    Jeffrey Winchester

    While a recent bulletin from the U.S. Department of Labor and a decision from the New York State Unemployment Insurance Appeal Board are of limited, if any, precedential value in the court system, companies would be well-advised to keep in mind the factors outlined in both when addressing questions related to independent contractors and the employer-employee relationship, says Jeffrey Winchester of Fisher Phillips.

  • Opinion

    TCPA: An Antiquated Law That Needs To Be Fixed

    David Carter

    After years of bearing witness to an influx of Telephone Consumer Protection Act litigation, reading nearly every TCPA opinion issued by the federal courts and talking with countless businesses, my conclusion is that the TCPA fails to reach its primary goal of protecting consumers from unwanted calls, says David Carter of Innovista Law PLLC.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.

  • Will Congress Actually Address Health Care?

    Radha Mohan

    Since the GOP’s failed attempt to repeal the Affordable Care Act last year and the elimination of the individual mandate in the Tax Cuts and Jobs Act, Republicans and Democrats have struggled to address problems in the health care system. Although bills recently passed by the House contain a few provisions with bipartisan support, they face an uphill battle for passage in the Senate, says Radha Mohan at Brownstein Hyatt Farber Schreck LLP.

  • The State Of Medicare Secondary Payer Act Litigation

    Laura Besvinick

    The certainty that tort liability settlements generally brought liability insurers in decades past has waned because of the Medicare Secondary Payer Act. And as MSP Act reimbursement actions wind through courts nationwide, plaintiffs’ recovery theories continue to morph, say Laura Besvinick and Julie Nevins of Stroock & Stroock & Lavan LLP.

  • Innovator Liability Flunks The Dormant Commerce Clause

    Richard Dean

    Two circuit court decisions issued in May invoked the dormant commerce clause to strike down enforcement of state laws beyond state borders. It is not surprising that there is also a dormant commerce clause argument in regard to innovator liability, says Richard Dean of Tucker Ellis LLP.

  • 4 Reasons To Review Payer Contracts On A Regular Basis

    Keith Anderson

    In a time of increased mergers and acquisitions, a health care provider's failure to revisit its payer contracts portfolio can have profound consequences on revenue stream. Keith Anderson of FTI Consulting Inc. discusses why consistent review of all contracts is essential.