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  • January 10, 2019

    NJ Chiropractor Ducks Bid To Revive Suit Over Atty Remarks

    The New Jersey state appeals court ruled Thursday that a lower court judge properly declined to instruct a medical malpractice jury that a chiropractic patient’s potential negligence was irrelevant, reasoning that the defense never even claimed she was at fault for her alleged injuries.

  • January 10, 2019

    What All Attorneys Need To Know About The Shutdown

    As the government shutdown drags on, Law360 is compiling answers to some of the most pressing questions on attorneys' minds.

  • January 10, 2019

    Health Insurers Settle Suit Over Wilderness Therapy Denial

    Regence BlueShield, Cambia Health Solutions Inc. and a putative class of individuals reached a provisional settlement Thursday in Washington federal court in a lawsuit alleging the insurers had improperly denied claims for wilderness therapy.

  • January 10, 2019

    FDA Won't Add Black Box Warning To Blood Thinner Plavix

    The U.S. Food and Drug Administration has shot down a 5-year-old request from Public Citizen to add a black box warning to Bristol-Myers Squibb and Sanofi-Aventis' blood thinner Plavix and its generic counterparts, saying new studies have proved one isn’t necessary.

  • January 10, 2019

    5th Circ. Says Humana Can't Seal Docs In Antitrust Row

    The Fifth Circuit ruled Wednesday that Humana can't keep under seal documents that a Louisiana federal court has ordered it to file public but redacted versions of in an antitrust row, finding that the insurer didn't have a good reason to seal the documents to begin with.

  • January 10, 2019

    '60 Minutes' Ethics Feud Ends In Opioid MDL

    A caustic quarrel over comments by plaintiffs lawyers on CBS News show “60 Minutes” about drug industry responsibility for the opioid crisis has ended, according to a court filing Thursday in multidistrict litigation.

  • January 10, 2019

    Ex-Insys Sales Rep Loses Bid To Split From Upcoming Trial

    A former sales manager for Insys Therapeutics Inc. will have to stand trial at the end of the month with a quartet of company executives charged with bribing doctors to prescribe the company’s fentanyl spray after a Massachusetts federal judge denied her motion for a separate trial Thursday.

  • January 10, 2019

    Boston Man Gets 10 Years For Hospital Cyberattacks

    A man convicted of using cyberattacks to cripple operating systems at two Boston-area hospitals was sentenced to 10 years and one month in prison Thursday, getting a tongue-lashing from prosecutors, hospital executives and a Massachusetts federal judge as he maintained he was simply trying to help a teenage girl in peril.

  • January 10, 2019

    High Court Asked To Hear Calif. State Action Antitrust Case

    The Ninth Circuit was wrong to rule that state action immunity shields California municipalities from antitrust allegations, an ambulance operator told the U.S. Supreme Court on Wednesday.

  • January 10, 2019

    Hospital, Ex-Workers Seek Quick Wins In 'Church Plan' Row

    A Kentucky hospital and a group of its former employees have filed competing bids for quick wins on the issue of whether the hospital’s pension plan warranted a religious exemption from the Employee Retirement Income Security Act.

  • January 9, 2019

    BakerHostetler Atty Faces Disqualification Bid In Opioid MDL

    A BakerHostetler partner who represents Endo Pharmaceuticals Inc. in multidistrict litigation over the opioid epidemic should be disqualified from the case, according to a motion filed in Ohio federal court Wednesday.

  • January 9, 2019

    Plaintiffs Attys Rip 'Dishonest' Ethics Complaint In Opioid MDL

    Top plaintiffs attorneys in multidistrict litigation over the opioid crisis are savaging an ethics complaint lodged by drug companies, accusing them of meritless and “dishonest” objections to televised criticism of painkiller sellers.

  • January 9, 2019

    Reject 'Radical' Ruling In TCPA Row, High Court Urged

    Health information service PDR Network LLC pressed the U.S. Supreme Court to reverse a ruling in a junk fax dispute that courts must defer to the Federal Communications Commission's interpretation of the Telephone Consumer Protection Act, arguing that the Fourth Circuit's "radical reading" of the law wrongly gives federal agencies "the final word" in statutory interpretation disputes.

  • January 9, 2019

    More Fla. Docs Face Med Mal Risk After Appeals Court Ruling

    The Florida Supreme Court’s recent decision to revive claims against an anesthesiologist accused of negligently clearing a woman for a surgery that proved fatal could prompt injured patients to pursue claims against doctors who may not have been previously targeted, experts said.

  • January 9, 2019

    Patient Who Beat Fla. Med Mal Cap Loses Appeal On Interest

    A woman who won a major victory in the Florida Supreme Court finding a state law limiting noneconomic damages in medical malpractice cases unconstitutional lost her bid for additional interest on her money judgment Wednesday when an appeals court said interest should run from the date of judgment, not the verdict.

  • January 9, 2019

    Doc, Manager Must Pay $15.5M For Alleged EB-5 Scheme

    A California federal court on Tuesday ordered a doctor, his office manager and affiliated businesses to fork over more than $15.5 million to the U.S. Securities and Exchange Commission for allegedly misappropriating funds through an EB-5 visa scam.

  • January 9, 2019

    Conn. Judge Tosses Cities' Suits Against Opioid Makers

    A Connecticut state judge on Tuesday dismissed suits brought by 37 municipalities targeting Purdue Pharma and other companies over the opioid crisis for lack of jurisdiction, saying social problems do not necessitate compensatory damages.

  • January 9, 2019

    Wellstar Beats Ex-Worker's Disability Bias Suit At 11th Circ.

    The Eleventh Circuit on Wednesday refused to revive a former WellStar Health System Inc. worker’s claims that she was wrongfully terminated and retaliated against for having disabilities and taking medical leave, finding that her employer’s belief that she flouted company policy was a valid reason to fire her.

  • January 9, 2019

    US Trustee Flags Promise Healthcare's $3M Exec Bonus Plan

    The U.S. Trustee's Office on Wednesday objected to bankrupt hospital operator Promise Healthcare Group LLC’s plan to pay up to $3 million in bonus pay to an executive if certain targets are met in its planned Chapter 11 sale of assets, contending that the debtors have failed to justify the incentive payout.

  • January 9, 2019

    Ohio Court Revives Suit Over Unsterilized Surgery Equipment

    An Ohio appellate panel on Tuesday revived a suit alleging that a hospital's undisputed failure to sterilize surgical equipment prior to a woman's surgery caused emotional distress and other injuries, saying the failure is unquestionably a breach of the standard of care.

Expert Analysis

  • Questions Follow 9th Circ. Solidification Of Escobar Test

    Jessica Westerman

    By declining to reconsider U.S. v. Stephens Institute, the Ninth Circuit forfeited an opportunity to outline the contours of the so-called Escobar test for claiming implied false certification liability under the False Claims Act, and to explain how it differs from the test that came before it, say attorneys at Katz Marshall & Banks LLP.

  • Updated Yates Memo Still Has Force In Civil Domain

    Rebecca Martin

    The Yates memo still lives, but has been scaled back in the criminal context and further downsized regarding civil matters like False Claims Act cases. The changes seem designed to lessen inefficiencies, but not in a way that, on its face, eases the focus on senior management, say attorneys with McDermott Will & Emery LLP.

  • The Impact Of Texas ACA Ruling And What To Expect Next

    Susan Feigin Harris

    Despite a Texas federal judge's opinion last week deeming the Affordable Care Act unconstitutional, all provisions of the statute remain in place. Moreover, an appeal is a virtual certainty and many believe the decision’s reasoning will fail, say attorneys with Morgan Lewis & Bockius LLP.

  • When Is Antitrust Merger Review Over?

    Peter Jonathan Halasz

    A D.C. federal judge's recent statements about the proposed CVS-Aetna merger settlement heighten concerns regarding the finality of the Hart-Scott-Rodino Act merger review process, say Peter Jonathan Halasz and Gregory Kinzelman of Schulte Roth & Zabel LLP.

  • Insights On Right To Try Act And 'Expanded Access' Concerns

    Mark Barnes

    U.S. Food and Drug Administration Commissioner Scott Gottlieb recently provided some clarity on questions raised by both pharmaceutical manufacturers and health care providers about the interplay between the so-called expanded access pathway and the Right to Try Act, say attorneys with Ropes & Gray LLP.

  • How FIRRMA Changed National Security Reviews In 2018

    Farhad Jalinous

    The passage of the Foreign Investment Risk Review Modernization Act in August expanded the range of transactions that the Committee on Foreign Investment in the United States is able to review for national security concerns — especially transactions related to China, say attorneys at White & Case LLP.

  • Series

    Judging A Book: Mills Reviews 'Mississippi's Federal Courts'

    Judge Michael Mills

    ​​David M. Hargrove's​ new book​,​ "Mississippi’s Federal Courts: A History," is a remarkably candid portrait of the characters and courts serving the state's federal judiciary from 1798 on, and contributes new scholarship on how judges were nominated during the civil rights era, says U.S. District Judge Michael Mills of the Northern District of Mississippi.

  • State Net

    New Year, New Opportunities For State Governments

    Lou Cannon

    While gridlock may prevail between the Democratic House and GOP Senate in Washington next year, it will be another story at the state level. For the first time since 1914, a single political party will control both chambers of every legislature except one, says Lou Cannon of State Net Capitol Journal.

  • Opinion

    Copay Accumulator Plans Put Employers In Legal Jeopardy

    Stacey Worthy

    Health plans that prevent patients from applying any form of drug manufacturer copay assistance toward their deductible — known as copay accumulator programs — not only increase the cost of health care, but have the potential to put businesses in significant legal peril, says Stacey Worthy of Aimed Alliance.

  • Guest Feature

    The Subtle Art Of Fred Fielding

    Fred Fielding

    One of the rare attorneys to serve as White House counsel to two presidents, Fred Fielding of Morgan Lewis & Bockius LLP may be the quintessential Washington insider. Attorney Randy Maniloff asks him to elaborate.