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Health

  • October 10, 2018

    CVS To Sell Medicare Plan To Win $69B Aetna Deal Clearance

    The U.S. Department of Justice said Wednesday that it has cleared CVS Health Corp.’s planned $69 billion deal for health insurer Aetna Inc. after the companies agreed to sell off a Medicare prescription drug plan business to WellCare.

  • October 9, 2018

    Ill. Jury Awards $50M For Child's Oxygen-Deprived Birth

    An Illinois state jury awarded $50 million on Tuesday to a boy who suffered a severe brain injury after hospital physicians failed to diagnose and treat his oxygen deprivation during birth.

  • October 9, 2018

    Opioid MDL Gov'ts Must Pinpoint Improper Prescriptions

    Local governments suing drugmakers in multidistrict litigation over the opioid epidemic must identify hundreds of prescriptions allegedly influenced by dishonest marketing and describe specific patients who became addicted to painkillers, according to a new ruling that appears likely to prove contentious. 

  • October 9, 2018

    Starbucks, Dunkin' Can't Dodge Prop 65 Penalties Trial

    A California judge who determined coffee must carry cancer warnings under the state's Proposition 65 on Tuesday rejected separate bids by Dunkin' and Starbucks, with dozens of other coffee roasters, to pull the plug on an impending trial on Prop 65 civil penalties against the companies.

  • October 9, 2018

    FDA Warning Wire: McKesson Policy Lapses, Tainted Cat Food

    McKesson Corp., the largest drug distributor in the U.S., failed to follow procedures when notified of “suspect” products by its customers, according to the U.S. Food and Drug Administration, while another investigation linked two kittens’ deaths to salmonella-tainted raw cat food processed at a Georgia plant.

  • October 9, 2018

    Boston Scientific Merger Trial Fast-Tracked In Chancery

    A trial over the purported termination of a $275 million merger between medical device companies Boston Scientific Corp. and Channel Medsystems Inc. was expedited Tuesday when a Delaware Chancery judge said the proceedings would be scheduled for April.

  • October 9, 2018

    450 Tribes Demand A 'Seat At The Table' In Opioid MDL

    Nearly 450 Native American and Alaskan Native tribes have collectively told an Ohio federal court why it is vital to have their own voice in multidistrict litigation tied to the opioid crisis, detailing a history of oppression by states, limited access to resources, and disproportionately high drug addiction and death rates.

  • October 9, 2018

    Physicians, AOA Seek Final OK On Tying-Suit Settlement

    A group of physicians challenging an American Osteopathic Association policy that they said tied its board certification to being a member asked a New Jersey federal judge for final approval of a deal to end the suit, saying that when all the settlement terms are taken together it is worth around $84 million.

  • October 9, 2018

    Sports Medicine Doctors Get Wider Protection Under New Law

    President Donald Trump has signed into law the Sports Medicine Licensure Clarity Act, which expands protections for sports medicine doctors and trainers when traveling with teams outside the states where they are licensed and insured.

  • October 9, 2018

    Dorsey & Whitney Names New Managing Partner

    Minneapolis-based Dorsey & Whitney LLP on Tuesday named Bill Stoeri, a trial lawyer who has worked at the law firm for more than 30 years, as its new managing partner starting next year.

  • October 5, 2018

    Ohio County's Opioid Bellwether Gets OK From Magistrate

    An Ohio magistrate federal judge on Friday largely sided with an Ohio county bringing one of the bellwether suits in the massive opioid multidistrict litigation and recommended against tossing the bulk of its claims that pharmacies, opioid manufacturers and distributors fueled the opioid crisis.

  • October 5, 2018

    Outside Whistleblowers Key To $625M Amerisource FCA Deal

    AmerisourceBergen Corp.'s recent $625 million False Claims Act settlement stemmed in no small part from misconduct uncovered by whistleblowers outside the company, showing that anyone with glimpses of shady business practices may be able to stitch together a massive fraud case.

  • October 5, 2018

    Veteran Med Mal Atty Joins Grant & Eisenhofer In Chicago

    Grant & Eisenhofer PA has added a veteran medical malpractice attorney to its Chicago office as an associate in its birth injury litigation practice group.

  • October 5, 2018

    6 Firms To Guide 5 IPOs Exceeding $1B Led By Lithium Co.

    Six law firms expect to guide five initial public offerings estimated to raise nearly $1.1 billion during the week of Oct. 8, steering a lineup led by a lithium producer seeking to rev up the market for electric-car batteries, plus three biotechnology firms and a technology startup.

  • October 5, 2018

    Ky. Hospital 'Church Plan' Suit Won't Be Nixed

    A Kentucky federal judge has said he won’t revisit an April decision in which he refused to let former members of a Kentucky hospital pension plan’s administrative committee off the hook on a claim that the plan had not been properly funded.

  • October 5, 2018

    Hospitals Won't Be Rapped For Arbitration Deals Amid OT Suit

    A Pennsylvania federal judge declined to sanction a hospital chain for getting its employees to sign arbitration agreements even as a proposed class action over unpaid overtime was pending, ruling that the hospitals were simply continuing an old policy from before the lawsuit began.

  • October 5, 2018

    Tobacco Warning Labels Ready By 2021 At Earliest, FDA Says

    The U.S. Food and Drug Administration said in court documents Friday the earliest it can finish revamping tobacco warning labels is summer 2021, explaining the government can't rush building an arsenal of research and public input on graphic, full-color warnings that Big Tobacco already once derailed.

  • October 5, 2018

    High Court Asked To Review $3M Disgorgement Post-Trial Win

    The former CEO of a behavioral health company has asked the U.S. Supreme Court to review the First Circuit’s affirmation that he must repay shareholders $3 million for his role in a merger, saying a district court had no right to order disgorgement after a Massachusetts federal jury had determined there was no economic injury.

  • October 5, 2018

    Ala. Justices Say Nursing Home Can’t Arbitrate Death Suit

    The Alabama Supreme Court on Friday reversed a trial judge’s decision to send to arbitration a wrongful death suit against a nursing home, saying the patient was incapacitated and unable to confer legal authority to his daughter when she signed the arbitration agreement on his behalf.

  • October 5, 2018

    Deals Rumor Mill: Salini Impregilo, CannTrust, Civitas

    Salini Impregilo SpA is eyeing a possible deal to buy some or all of Italian construction company Astaldi; CannTrust is discussing a partnership deal in the food, beverage and cosmetics industries; and Civitas Solutions Inc. is exploring a possible sale.

Expert Analysis

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Congressional Forecast: September

    Layth Elhassani

    The House and Senate are entering their respective final runs before the November midterm elections. The most pressing items of business are funding the government and the pending Senate confirmation of Brett Kavanaugh to the U.S. Supreme Court. But several lower-profile issues remain as well — including a Republican push for further tax reform, says Layth Elhassani of Covington & Burling LLP.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • Lessons From 5th Circ. Mother-Son Health Care Fraud Case

    Mario Nguyen

    While a lack of intent is a common defense to the prosecution of high-level health care administrators, the Fifth Circuit's decision affirming the convictions of psychologist Rodney Hesson and his mother, Gertrude Parker, shows that there is more than one backdoor for the government to meet its burden, says Mario Nguyen of Locke Lord LLP.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • DOJ Is Getting Creative, And Aggressive, On Opioids

    Michael Blume

    Last month, the U.S. Department of Justice obtained court orders barring two Ohio doctors from selling controlled substances. The statutory provisions it used are broadly worded, and if past is prologue, the DOJ could be getting ready to demand big changes from any entity that is a part of the opioid supply chain, say Michael Blume and Todd Halpern of Venable LLP.

  • Opinion

    North Cypress V. Cigna Shows Perils Of Fee-Forgiving

    Jagger Esch

    Last month, a Texas federal court ruled that Cigna did not abuse its discretion when it reduced payments in response to fee-forgiving practices by North Cypress Medical Center. Health providers need to recognize that fee-forgiving is illegal, and enforce coinsurance payments for out-of-network services, says Jagger Esch of Elite Insurance Partners LLC.

  • Why Fla. Should Adopt Telehealth Legislation

    Morris Miller

    During its 2018 session, the Florida Legislature considered, but did not pass, a bill that would have reduced uncertainty surrounding reimbursement, practice standards and liability related to telehealth services. Legislation like this is needed to provide clarification and encourage the use of telehealth in appropriate circumstances, says Morris Miller of Holland & Knight LLP.

  • The Courts’ Take On Obama-Era Regs: You Are Erased

    Andrew Oringer

    It is at this point axiomatic that the Trump administration is intent on reversing significant portions of the Obama administration's regulatory activity. Interestingly, it seems that courts may pose another major risk to the survival of some Obama-era initiatives, say Andrew Oringer and Samuel Scarritt-Selman of Dechert LLP.