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Health

  • August 14, 2018

    Unions Call Trump Medicaid Payment Rule An 'Attack'

    A Trump administration proposal to block unions representing home health care workers from collecting dues through Medicaid drew more than 6,000 comments before the deadline for public feedback passed Monday, and organized labor and its allies took advantage of the opportunity to denounce what they called an assault on unions.

  • August 14, 2018

    How One Firm Moved The Needle On Disability Inclusion

    This global law firm has recently focused on creating opportunities for people with disabilities across its ranks, and its efforts are already showing results.

  • August 14, 2018

    Calif. Privacy Law Isn't End Of The World, Lawmakers Told

    A coalition of consumer advocacy groups shot back at the business community's initial efforts to scale back a recently enacted California privacy law, arguing that "the sky is not falling, as industry suggests" and urging state lawmakers to focus on "strictly technical cleanup" work for now. 

  • August 14, 2018

    Third Circuit Revives Discrimination Suit Over Service Dog

    The Third Circuit on Tuesday revived a lawsuit by the parents of an epileptic girl who claim a Pennsylvania school discriminated against her by barring her service dog, clarifying in a precedential decision that the trial court erred in its application of federal disabilities laws in instructions to jurors who had ruled in the school’s favor.

  • August 14, 2018

    8th Circ. Upholds Minn. Home Care Unionzation Law

    The Eighth Circuit on Tuesday upheld the constitutionality of a Minnesota law that allows home care providers in the state to organize, rejecting a challenge from a group of providers who alleged the law violated their constitutional rights by forcing them to associate with a union.

  • August 14, 2018

    Kentucky Hospital Must Face $166M Pension Suit

    A federal judge ruled Tuesday that a Kentucky hospital must face claims it underfunded its employee retirement plan by $166 million due to its alleged misuse of an Employee Retirement Income Security Act exemption that is intended for churches.

  • August 14, 2018

    Workers Can Fight Claim Denials Sans Medical Bill: 6th Circ.

    The Sixth Circuit decided Tuesday that a worker can sue their employee health care plan over its refusal to pay a medical bill even if the worker doesn’t have to pay the bill himself, because the Employee Retirement Income Security Act allows workers to sue over claim denials.

  • August 14, 2018

    Senior Dem Wants VA Info On Alleged Mar-A-Lago Influence

    Rep. Elijah Cummings, D-Md., asked Veterans Affairs Secretary Robert Wilkie on Tuesday to provide details on any contact between VA officials and three members of President Donald Trump’s Mar-a-Lago Club recently alleged to have “unprecedented” control over VA decisions despite holding no formal federal positions.

  • August 14, 2018

    CVS Escapes Class Action Over Flu Shot Text Messages

    A New Jersey federal judge Tuesday nixed a putative class action against CVS Pharmacy Inc. for allegedly violating the Telephone Consumer Protection Act by notifying customers about the availability of flu shots via text messages, finding that the messages fell under the so-called “health care exemption.”

  • August 14, 2018

    NY Joins Flood Of Opioid Suits Against Purdue Pharma

    Purdue Pharma LP caused widespread death and financial destruction by lying about the risks and benefits of its flagship painkiller, OxyContin, the state of New York said in a lawsuit Tuesday, echoing hundreds of other cases against the opioid maker.

  • August 14, 2018

    Time Expired On Defective Zimmer Hip Implant Claim: Judge

    Saying he was aware of the "harsh nature of this outcome," a Pennsylvania federal court judge on Tuesday reluctantly dismissed a woman's claim that she was injured by a Zimmer prosthetic hip, finding the suit missed the statute of limitations.

  • August 14, 2018

    Privilege Bars Divorce Files In Death Case, Pa. Panel Told

    A hospital fighting claims from the widow of a man who died after receiving allegedly negligent treatment should not be allowed access to privileged material from divorce proceedings the couple were litigating in the run-up to the husband’s death, a Pennsylvania appeals court heard during oral arguments Tuesday.

  • August 14, 2018

    ERISA Industry Group Looks To Block Seattle Benefits Rule

    The ERISA Industry Committee, which represents large benefits plan sponsors, filed a suit Tuesday seeking to halt a recently revised section of Seattle Municipal Code governing hotel employee health benefits, arguing the statute is preempted by the federal Employee Retirement Income Security Act.

  • August 14, 2018

    Mass. Top Court Clears Hospital In Ex-Patient Stabbing Suit

    Massachusetts' top appellate court on Tuesday ruled that a Bay State hospital didn't have a duty of care after a man released from an involuntary civil commitment fatally stabbed his neighbor 22 days after one of the hospitals doctors said the man "no longer posed a likelihood of serious harm."

  • August 14, 2018

    Health Center Settles Claims Over Navy Member's Job Rights

    A Phoenix-based health center dedicated to providing medical services to urban Native Americans, Alaska Natives and others has agreed to a settlement with the U.S. Department of Justice over claims that it violated the Uniformed Services Employment and Reemployment Rights Act when it declined to renew a U.S. Navy Reserves doctor's contract.

  • August 14, 2018

    Drug Kickback Suit Against Eli Lilly Dismissed For Now

    A Texas federal judge gave Eli Lilly and Co. and four health care companies a reprieve from a whistleblower lawsuit alleging they conspired to offer kickbacks to boost prescriptions of insulin and osteoporosis drugs, finding that a health care research organization's allegations were too vague but leaving the door open for the group to try again.

  • August 13, 2018

    David Boies On How Dyslexia Shaped His Practice

    One of the country’s highest-profile litigators, the Boies Schiller Flexner LLP chairman was diagnosed with dyslexia when he was in his 30s. In an interview with Law360, he talks about practicing law with the learning disability.

  • August 13, 2018

    Relator Dismissed From GE Healthcare False Claims Act Suit

    A Florida federal judge decided it was the “end of the line” Monday for a former GE Healthcare employee in his False Claims Act suit claiming the company used false records to sell improperly made drugs, refusing to extend the deadline to find a new attorney but leaving the door open for government-led claims.

  • August 13, 2018

    BigLaw’s Mental Health Stigma Shows Signs Of Fading

    Sometimes viewed as an “invisible” disability, mental illness has long been forced under wraps because of the risk attorneys could face bias and stigma. Here’s how lawyers, law firms and other groups are starting to take on the status quo.

  • August 13, 2018

    States Push Back Against Dismissal Bids In Opioid MDL

    Dozens of states slammed a bid by drugmakers and distributor McKesson Corp. to dismiss claims that they fueled the opioid crisis, telling an Ohio federal judge who is overseeing the opioid multidistrict litigation that a state's ability to protect the health of its citizens must not be restricted.

Expert Analysis

  • 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.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • New Risks For US Cos. Inadvertently Supporting North Korea

    Ellen Murphy

    Following a U.S. State Department advisory this week, companies conducting business abroad — particularly in the technology, medical and life sciences industries — should watch out for several areas of heightened risk that may have a nexus to North Korea, say attorneys with Orrick Herrington & Sutcliffe LLP.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • How Texas' Anti-SLAPP Law Applies To Medical Peer Review

    Jesse Coleman

    Recent decisions both in state and federal courts have made it clear that Texas' anti-SLAPP statute likely now applies to all causes of action arising out of facts related to the medical peer review process. This will greatly increase hurdles for plaintiffs in future legal actions involving medical peer review, say Jesse Coleman and Brian Wadsworth of Seyfarth Shaw LLP.

  • What Directors Need To Include In Appraisal Notices

    Christopher Chuff

    The Delaware Chancery Court's opinion in Cirillo Family Trust v. Moezinia is a stark reminder of both the required contents of an appraisal notice as well as the appropriate approach to take when communicating with stockholders, say attorneys with Pepper Hamilton LLP.

  • The Opioid Epidemic: Who Will Jurors Hold Accountable?

    Christina Marinakis

    Hardly a day goes by where we don’t hear about another lawsuit being filed accusing pharmaceutical companies, distributors, hospitals and pharmacies of fueling the country’s addiction to opioids. But without any of these cases reaching a jury to date, it can be difficult to predict how jurors will react to these claims, says Christina Marinakis of Litigation Insights.