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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.

  • 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.

  • 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

  • Suddenly, ALJs Become Political Appointees

    Brian Casey

    Less than three weeks after the U.S. Supreme Court decided Lucia v. Securities and Exchange Commission, President Donald Trump signed an executive order applying the court’s rationale in Lucia to the hiring — and firing — of all administrative law judges in the federal government, making them entirely beholden to the heads of their agencies or the president for their jobs, says Brian Casey of Barnes & Thornburg LLP.

  • How To Do Time: Part 4

    Alan Ellis

    Most lawyers are understandably unable to advise a first-time federal inmate as to what it will be like in prison. In their final installment of this series, criminal defense attorney Alan Ellis and federal prison consultant J. Michael Henderson address questions about mental health care and substance abuse treatment in the Bureau of Prisons.

  • DOJ's Health Care Enforcement Initiative Is Still Going Strong

    Melissa Jampol

    Last month, the U.S. Department of Justice released the results of its ninth annual health care fraud takedown, an aggregation of criminal, civil and administrative health care-related actions. It appears that the DOJ and its law enforcement partners are sticking to many of the same enforcement areas that were central to last year's takedown, say Melissa Jampol and George Breen of Epstein Becker Green.

  • Guest Feature

    Chris Dodd Talks Dodd-Frank, Nuremberg Trial, Hollywood

    Randy Maniloff

    Attorney Randy Maniloff recently sat down with former Sen. Christopher Dodd at his new office at Arnold & Porter in Washington, D.C. The goal? To discover things we might not know about the author of some of the most important legislation of the last few decades.

  • How FCC Ruling Could Impact Viability Of TCPA Fax Cases

    Lewis Wiener

    In Scoma Chiropractic v. Dental Equities, a junk fax case brought against MasterCard International, a Florida federal court recently issued a stay pending a ruling from the Federal Communications Commission. The decision may have ripple effects in other pending Telephone Consumer Protection Act actions, say Lewis Wiener and Alexander Fuchs of Eversheds Sutherland.

  • Congressional Forecast: July

    Layth Elhassani

    While Senate hearings on the nomination of Brett Kavanaugh to the U.S. Supreme Court will draw much attention during July, Congress remains very busy with fiscal year 2019 appropriations bills. The chambers may go to conference this month on the first of several appropriations "minibuses," says Layth Elhassani of Covington & Burling LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • AmEx Ruling May Have Big Impact On Health Insurance

    David Garcia

    There are a number of ongoing antitrust cases involving health insurance networks that may be susceptible to the type of two-sided market analysis described by the U.S. Supreme Court last month in Ohio v. American Express, say David Garcia and Nadezhda Nikonova of Sheppard Mullin Richter & Hampton LLP.

  • How Health Insurance Affects Minimum Wage In Nevada

    Rick Roskelley

    In MDC v. Eighth Judicial District Court, the Nevada Supreme Court clarified the conditions under which Nevada employees may pay a lower tier minimum wage. However, the court also created a potentially confusing new requirement defining health insurance under the state's minimum wage amendment, say Rick Roskelley and Kathryn Blakey of Littler Mendelson PC.