• March 14, 2018

    Research Lab Gets Quick Win In Ex-Worker's Benefits Suit

    A Maryland federal judge on Tuesday tossed a suit against an in vitro research and testing laboratory from an ex-employee who said the company ended her disability benefits following her firing earlier than it said it would, handing a quick win to the facility on the final claim in her suit.

  • March 14, 2018

    New AHIP Chief Dishes On Health Policy Vision

    The incoming CEO of lobbying group America’s Health Insurance Plans on Wednesday vowed a vigorous campaign for Affordable Care Act stabilization measures and described a host of policy priorities involving drug prices, employee benefits and entitlement programs.

  • March 14, 2018

    GSK Says It Can’t Find Marketing Contracts In Zofran MDL

    GlaxoSmithKline attorneys have looked for eight months but cannot find contracts with at least 40 partners involved in marketing its hit antiemetic drug that allegedly caused birth defects in hundreds of children, counsel to the pharmaceutical giant and families suing it said Wednesday.

  • March 14, 2018

    Ex-NJ Federal Prosecutor Returns To Kramer Levin

    A former high-ranking New Jersey federal prosecutor and recent Mayer Brown LLP partner is returning to Kramer Levin Naftalis & Frankel LLP as a partner in its white collar defense and investigations practice, the firm announced Wednesday.

  • March 14, 2018

    Second Fertility Clinic Sued Over Destroyed Eggs

    A San Francisco woman filed a proposed class action Tuesday over the destruction of eggs she had frozen at a California fertility center due to a cooling malfunction in the facility’s storage tanks, just a day after an Ohio couple filed a similar suit against a different facility.

  • March 14, 2018

    Idexx Underpaid Lyme Disease Patent Royalties, UT Says

    Idexx Laboratories Inc. hasn’t been paying the University of Texas the full royalties it owes for licensing technology used to detect Lyme disease in animals, the university’s governing board said in a suit removed to Texas federal court Tuesday.

  • March 14, 2018

    Morgan Lewis Liable In $30M Conflict Suit, Ex-Client Says

    An ex-Morgan Lewis & Bockius LLP client seeking disgorgement of some $30 million in fees urged a Pennsylvania state judge Tuesday to find the firm liable for breach of fiduciary duty, arguing it failed to deny allegations that it helped a hospital system build a case against the client in another suit.

  • March 14, 2018

    Insurer, Heart Association Duck TCPA Texting Suit

    A Louisiana federal judge has nixed a proposed class action accusing a health insurance provider of duping consumers into signing up for informational texts that were really part of a charity's advertising scheme, saying the texts were solicited and clearly not commercial.

  • March 13, 2018

    Md. School Board Can't Duck Trans Teen's Locker Room Case

    A Maryland federal judge on Monday refused to free the Talbot County Board of Education from a transgender teenage boy’s lawsuit challenging its refusal to let him use the boys’ locker rooms at his high school, but rejected his request for an injunction forcing the board to allow him to use those facilities.

  • March 13, 2018

    NFL Board Must Redo Ex-Cornerback's Benefits Case

    A California federal judge on Monday ordered an NFL retirement plan board to re-evaluate former NFL cornerback Charles Dimry’s permanent disability benefits application after finding a plan board improperly defaulted to its appointed doctors when denying the player’s bid for benefits.

  • March 13, 2018

    Mass. Nurses Union Plans To Fight Hospital Flu Shot Mandate

    Massachusetts’ behemoth nurses union plans to continue fighting a policy at one of the nation’s preeminent teaching hospitals requiring all employees to receive annual influenza vaccinations or face termination, despite a recent courtroom loss against the mandate, union representatives said Tuesday.

  • March 13, 2018

    Shkreli's Sentence Shows Risks Of Open Defiance

    The seven-year prison term handed down to former biotech executive Martin Shkreli for his interrelated securities fraud schemes is a warning to criminal defendants about the consequences of speaking out about their cases, experts said Tuesday, and a demonstration of how problematic the sentencing guidelines have become in white collar cases.

  • March 13, 2018

    New Ky. Law Bars Physician Peer Reviews In Med Mal Cases

    Kentucky Gov. Matt Bevin has approved a bill making hospital peer reviews inadmissible as evidence in medical malpractice lawsuits filed against health care providers, while a multifaceted tort reform bill recently passed the state Senate.

  • March 13, 2018

    House Fails To Pass 'Right-To-Try' Bill After Dems Object

    The House of Representatives failed to pass a bill that would expand the “right-to-try” experimental treatments under current Food and Drug Administration rules, after criticism from some Democrats that the bill would remove critical patient protections and was rushed through the process.

  • March 13, 2018

    Tikehau Nabs $50M For Health-Focused VC Fund

    French asset manager and investment group Tikehau Capital on Tuesday said its first venture capital fund scored $50 million in commitments as it looks to make investments in the medical technologies and life sciences industries.

  • March 13, 2018

    Opioid Bills Would Up Feds' Control Over Quotas, Imports

    Federal lawmakers this week introduced bills to tackle the national opioid crisis, with a bipartisan group of senators pushing to give the Drug Enforcement Administration more control over manufacturing quotas and a Democratic congressman looking to give the U.S. Food and Drug Administration more power to block unapproved drug imports.

  • March 13, 2018

    Alaska Tribal Org Says Feds Can't Duck Land Cleanup Row

    A health care nonprofit run by an Alaskan tribe slammed the federal government's bid to escape a suit over its failure to clean up and transfer oil-contaminated land to the nonprofit, telling a D.C. federal judge Tuesday the government’s contention that the claims are time-barred runs contrary to case law.

  • March 13, 2018

    FTC Seeks More Info On DaVita's $4.9B Sale to Optum

    DaVita Inc. has received a letter from the Federal Trade Commission seeking more information on the $4.9 billion sale of its independent medical clinic operator to UnitedHealth Group Inc. health services subsidiary Optum Inc. in order to gain regulatory approval, the company said in a filing Tuesday.

  • March 13, 2018

    Calif. Genetic Test Co. Pays $11M To Resolve FCA Claims

    A Silicon Valley-based prenatal testing company has agreed to pay $10.6 million to resolve allegations that it improperly billed federal health care programs for its popular Panorama noninvasive prenatal tests and other screenings in violation of the False Claims Act, the federal government said Tuesday.

  • March 13, 2018

    FDA Warning Wire: Online Eye Exam Gets Agency Side-Eye

    The U.S. Food and Drug Administration looked askance at a company's marketing of an online eye exam without the agency's go-ahead, found problems at an Indian drugmaker's plant in Malaysia and scolded a Korean X-ray maker for not reporting accidental radiation exposures. Here's this week's roundup of the agency's enforcement actions.

Expert Analysis

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle PC.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Drawing A Road Map For Nationwide Health Info Sharing

    Christine Moundas

    The U.S. Department of Health and Human Services recently released its draft Trusted Exchange Framework, setting forth a guide for a public-private partnership designed to promote interoperability among health information networks. Attorneys with Ropes & Gray LLP address some of the questions that remain in evaluating whether this new voluntary arrangement will help to achieve its intended goals.

  • How Natural Experiments Can Help In Estimating Damages

    Niall MacMenamin

    Establishing a causal link between allegedly wrongful conduct and the quantity of damages asserted can be challenging. Fortunately, increasing volumes of real-world data are available to the damages expert, and natural experiments based on such data can be effective in showing causality and estimating damages, says Niall MacMenamin of Analysis Group Inc.

  • 4 Tips For Applying Arbitration Agreements To TCPA Claims

    Michael Leffel

    With statutory damages of up to $1,500 for each call, text or fax, the Telephone Consumer Protection Act remains a hotbed of class action litigation. Attorneys with Foley & Lardner LLP discuss an additional, often overlooked, tool for defendants in TCPA cases.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Health Republic’s Curious Liquidation: Part 14

    James Veach

    On Feb. 14, Health Republic Insurance of New York's liquidator will ask the New York Supreme Court to approve its report on the present status of its liquidation, but it is what the report doesn't discuss that will be most revealing, says James Veach of Mound Cotton Wollan & Greengrass LLP in the final part of this series.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • Emerging Trends In FCA Enforcement: 2018 Outlook

    Vince Farhat

    Two new policies from the U.S. Department of Justice, along with ongoing developments concerning the elements of scienter and materiality stemming from the landmark U.S. Supreme Court decision in Escobar, have the potential to significantly change the landscape of False Claims Act enforcement in the year ahead, say attorneys with Holland & Knight LLP.

  • Agency Guidance Limits May Shift Health Care Enforcement

    Michael Lampert

    The U.S. associate attorney general recently issued a memo directing civil litigators in the U.S. Department of Justice to limit their use of governmental agency guidance documents in affirmative civil enforcement matters. Attorneys with Ropes & Gray LLP discuss issues that should be monitored over time in order to understand the memo's ultimate impact on civil health care enforcement matters.