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Health

  • October 3, 2018

    Fla. Judge To Block Medical Marijuana Rules

    A Florida judge said Wednesday he would grant a medical marijuana treatment company's bid to block the state Health Department's licensing process, which he had previously indicated was unconstitutional.

  • October 3, 2018

    Cigna Names GC To Guide Co. Post-Express Scripts Merger

    Cigna Corp. has named Nicole S. Jones general counsel of the combined company created by its $67 billion purchase of pharmacy benefits manager Express Scripts Inc., the same position she previously held with the health insurer.

  • October 3, 2018

    ActiveCare Ch. 11 Sale OK'd With Liability Concerns Resolved

    A bankruptcy judge has signed off on the Chapter 11 sale of diabetes patient monitoring company ActiveCare Inc. to stalking horse bidder Telcare Inc. for $3.75 million after details related to potential cure claims were resolved.

  • October 3, 2018

    Practicality Outweighs Legal Issues In VA Contract Dispute

    A Court of Federal Claims judge has refused to block the U.S. Department of Veterans Affairs from putting a medical and surgical supply program in the hands of only four distributors, saying the need to protect veterans' care effectively outweighs the legally dubious nature of the related contract modifications.

  • October 3, 2018

    4 Firms Break From Pack In Scorching September For IPOs

    Four law firms grabbed the lion's share of work on initial public offerings during a busy September that saw 25 companies, including two blank-check companies, go public and raise more than $6.8 billion, anchored by technology and health care-related issuers plus a steady influx of China-based firms.

  • October 3, 2018

    Ill. Wants Sterigenics Plant Closed Amid Cancer Concerns

    Illinois’ environmental regulator on Tuesday pushed for a temporary shutdown of a Chicago-area medical equipment facility run by Sterigenics International Inc., amid allegations that the plant has emitted a hazardous pollutant for decades.

  • October 3, 2018

    Claims Co. Can't Duck Row Over Lowball Offer, 1st Circ. Told

    The estate of a woman who died in a nursing home has urged the First Circuit to reinstate a Massachusetts federal court's initial finding that an insurance claims administrator’s $2 million settlement offer wasn’t reasonable or timely, arguing that it was too small and too late to satisfy consumer protection laws.

  • October 3, 2018

    WebMD Says It Didn't Swipe Smaller Co. Secrets, Break NDA

    WebMD Health Corp. sued a Houston-based online health care services provider in Texas federal court, seeking a determination that it did not steal trade secrets from the smaller company in violation of a confidentiality agreement inked during recently scrapped acquisition talks.

  • October 3, 2018

    3rd Circ. Revives Medical Costs Row Over Navy's Toxic Spills

    A Third Circuit panel has reversed in part a ruling that barred residents from demanding the government cover the costs of monitoring their health after they discovered local Navy facilities contaminated their drinking water, finding the requests are not considered challenges to cleanup efforts.

  • October 3, 2018

    EEOC Accuses Mich.-Run Hospital Of Age Discrimination

    A psychiatric hospital run by the state of Michigan refused to hire a qualified social worker because of her age and pushed another older employee to retire, the U.S. Equal Employment Opportunity Commission has claimed in a federal court suit.

  • October 3, 2018

    Acadia Hid Weak UK Expansion From Investors, Suit Says

    A pension fund manager slapped Acadia Healthcare Co. with a securities fraud class action in Tennessee federal court, claiming the provider of mental health and substance abuse facilities misled investors about the strength of its United Kingdom operations.

  • October 2, 2018

    Ex-Abbott Researcher Says 'Erroneous' Law Sank FCA Claims

    A former medical science liaison for Abbott Laboratories Inc. refuses to accept that her False Claims Act allegations against Abbott died on anything other than “erroneous” case law, asking a Massachusetts federal judge on Tuesday to pause her case indefinitely until new precedent supports her views.

  • October 2, 2018

    New Meal Waiver Law Can't Nix Old Row, Calif. Justices Hear

    Health care workers who have alleged for a decade that they were illegally denied meal breaks told the California Supreme Court on Tuesday that a recently passed state law blessing the practice of waiving one break during long shifts shouldn't be applied retroactively to nix their claims.

  • October 2, 2018

    Firm Beats $5M Malpractice Claim, Wins $150K For Fees

    An Iowa federal jury held on Monday that a Nebraska law firm didn’t commit legal malpractice while representing a man in a suit over ownership of an insurance marketing company, awarding the firm $150,000 on its cross-claim for unpaid fees.

  • October 2, 2018

    Md. Court Restores $3.7M Jury Award In Suit Against EMTs

    A split Maryland appeals panel on Monday reinstated a jury’s $3.7 million award in a suit accusing Baltimore emergency medical technicians of failing to properly care for a heart attack patient who later died, saying the evidence showed that the EMTs were grossly negligent.

  • October 2, 2018

    Doctors Say Jury Doubled Up $4.4M Judgment, Seek New Trial

    A Chicago-area orthopedics group on Monday urged an Illinois federal judge to order a new trial after it was hit with a $4.4 million verdict in a dispute with a former partner who alleged that the partnership stuck him with unnecessary expenses and fraudulently reported his earnings to the IRS.

  • October 2, 2018

    Ex-Hospital Worker Loses Cert. Denial Appeal In Wage Suit

    A California appellate court has tossed an appeal of a class certification denial on wage-and-hour claims against Torrance Memorial Medical Center, agreeing with the hospital's argument saying the denial can't be appealed because there is still a Private Attorneys General Act claim at the lower court level.

  • October 2, 2018

    Medline Sued Over Biometric Timekeeping System In Illinois

    Medline Industries Inc. requires workers to clock in and out of their jobs using their fingerprints without first getting their written consent, and then keeps that biometric data, all in violation of an Illinois privacy law, a former employee has alleged as part of a new potential class action.

  • October 2, 2018

    Wolters Kluwer Accused Of Dominating Medical Journals

    Wolters Kluwer Health Inc. was hit with an antitrust lawsuit Tuesday in California federal court that alleges the publisher monopolizes the market for health science periodicals.

  • October 2, 2018

    Court Can Decide Dental Suit Arbitration Bid, Justices Told

    The U.S. Supreme Court should affirm that a court has the authority to determine whether an antitrust suit involving two dental equipment companies must be arbitrated or litigated, even if the underlying contract incorporated rules delegating such questions to an arbitrator, a Columbia law school professor has argued in an amicus brief.

Expert Analysis

  • Travel Act Gets Mileage In Health Care Cases

    Bradley Smyer

    In U.S. v. Beauchamp, a Texas surgeon recently agreed to plead guilty to federal conspiracy and violation of the Travel Act for his role in an alleged scheme involving millions of dollars in bribes and kickbacks for patient referrals. The case confirms that the Travel Act has officially come to health care enforcement, say Bradley Smyer and Mia Falzarano of Alston & Bird LLP.

  • Why Courts Should Apply Escobar In Criminal Cases

    Antonio Pozos

    In the two years since the U.S. Supreme Court's Escobar decision set off waves of litigation over materiality in civil False Claims Act cases, it has largely failed to gain traction in criminal fraud prosecutions. However, the ruling has broad implications in criminal law, say Antonio Pozos and Mark Taticchi of Drinker Biddle & Reath LLP.

  • Securing Mobile Health Data — NIST Weighs In

    Gretchen Ramos

    Until recently, there has been little guidance in terms of mobile health security frameworks. The National Institute of Standards and Technology's new 260-page guide is an important step toward making health apps more secure, say Gretchen Ramos and Zerina Curevac of Greenberg Traurig LLP.

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.

  • Medicare Shared Savings Program May Get A Makeover

    Michael Lampert

    The Centers for Medicare & Medicaid Services recently proposed a rule that would overhaul the Medicare Shared Savings Program for accountable care organizations. The most significant change is the revision of the program's participation tracks and mandatory advancement to greater levels of two-sided risk, say attorneys with Ropes & Gray LLP.

  • 5 E-Discovery Hurdles For Government Agencies

    Amy Hilbert

    Electronic discovery is a challenging process for even the most experienced law firms and corporations, but the challenges faced by government agencies may be even more daunting, says Amy Hilbert of Casepoint LLC.

  • Payors Share Some Responsibility For The Opioid Epidemic

    Joy Stephenson-Laws

    Recently, well-known commercial insurance companies and government health insurance programs like Medicare and Medicaid have come under scrutiny for their role in allegedly getting and keeping patients addicted to opioid painkillers while not doing enough to help curb the epidemic, says Joy Stephenson-Laws of Stephenson Acquisto and Colman.

  • Brexit: Bracing For A No-Deal Scenario

    Ross Denton

    Once considered the “cliff edge,” the possibility of the United Kingdom exiting from the European Union without agreeing on a trade deal has moved from unthinkable to increasingly likely. Both sides are ramping up preparations for a no-deal scenario, which would have significant implications for businesses in all sectors, say attorneys with Baker McKenzie LLP.

  • Policing Bad Claims In Consolidated Litigation: Part 2

    Danielle Bagwell

    While conducting a pre-suit investigation sufficient to file a lawsuit may seem like a perfunctory enterprise, courts appear increasingly willing to affirm the importance of complying with this requirement — and this issue is particularly ripe in consolidated and multidistrict litigation, say Danielle Bagwell and Anne Gruner of Duane Morris LLP.