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Health

  • June 12, 2018

    NIH Unveils Research Plans To Fight Opioid Crisis

    Leaders at the National Institutes of Health on Tuesday announced how the agency plans to spend the extra $500 million it received from the U.S. Congress to fight the opioid crisis, saying it will focus on strengthening addiction and abuse treatment and improving pain management.

  • June 12, 2018

    House Passes Policy Tweaks Targeting Opioid Abuse

    The U.S. House of Representatives passed two dozen bills aimed at combating the opioid epidemic Tuesday, ranging from giving pharmacists more authority to refuse prescriptions to giving the National Institutes of Health more leeway in testing non-opioid pain treatments.

  • June 12, 2018

    Drugmakers Denied Patient Info In Opioid MDL Bellwethers

    A special master in multidistrict litigation over the opioid crisis on Monday shot down “clearly overbroad” drugmaker requests for detailed medical information about patients, while also warning plaintiffs attorneys that not producing the information could jeopardize their bellwether cases.

  • June 12, 2018

    Feds Seek Actions To Force Fla. Clinic To Pay Future Taxes

    The U.S. government contested a federal court's refusal to force an orthopedic clinic in Florida to comply with its future payroll tax obligations, telling the Eleventh Circuit on Monday that the decision was akin to granting the clinic an unlimited line of credit.

  • June 12, 2018

    FDA Unveils Guidance On Sharing Info On Unapproved Uses

    The U.S. Food and Drug Administration on Tuesday unveiled final guidance outlining its recommendations on how companies can share information with insurers about drugs and medical devices that’s not included in the labels, as well as information for uses that haven't yet been approved.

  • June 12, 2018

    Hospital Plaza Transfer Sank PE Firm's Deal, 3rd Circ. Told

    A private equity firm on Tuesday urged the Third Circuit to revive its $5 million case against a New Jersey hospital over the firm's would-be acquisition of a medical plaza under foreclosure, arguing that an ownership transfer that sank the sale ran afoul of the purchase deal.

  • June 12, 2018

    Ex-Insys Execs Can't Get More Info On Charges, Feds Say

    Federal prosecutors late Monday blasted an attempt by former executives at Insys Therapeutics Inc. to get more details about charges that they bribed doctors to boost sales of their fentanyl spray, saying the executives have more than enough information from the complaint and discovery.

  • June 12, 2018

    Alta Partners Rakes In $130M For Health Care-Focused Fund

    Alta Partners, a private and venture capital investment firm focused on health care, has clinched its latest fund after raising $130 million from investors, with plans to focus on businesses that are developing biotherapeutics and technology enabled health care services, the firm has announced.

  • June 11, 2018

    6th Circ. Rules Care Certification Timing Material To FCA

    The Sixth Circuit on Monday revived, for the second time, a whistleblower False Claims Act suit accusing a senior living company of retroactively issuing doctors’ certifications underlying Medicare claims, saying the relator had sufficiently shown the alleged conduct was material to payment.

  • June 11, 2018

    Hospital System Pension Plan Members Urge OK Of $62M Deal

    Participants of Hospital Sisters Health System Inc.'s employee retirement plan urged an Illinois federal judge Friday to approve a $62.5 million settlement of their claims that Sisters improperly used the Employee Retirement Income Security Act's church exemption to shortchange them by $514 million.

  • June 11, 2018

    Drug Cos. Unleash Opioid MDL Counterattacks

    Drug manufacturers, distributors and pharmacies are launching counterattacks in multidistrict litigation over the devastating opioid crisis, according to newly filed documents that contain aggressive and wide-ranging assaults on bellwether suits in the historic MDL. Here, Law360 summarizes test cases filed by local governments and the drug companies’ attacks on them.

  • June 11, 2018

    Medical Software Co. Looks To Toss Data Breach MDL

    A medical software company urged an Indiana federal court Monday to dismiss multidistrict litigation launched against it over a 2015 data breach that exposed the sensitive data of 3.9 million people, arguing that the breach alone did not cause any injuries under the law.

  • June 11, 2018

    Aggrenox MDL Nears End As Drug Cos. Reach Final Deal

    Teva Pharmaceutical and Boehringer Ingelheim on Monday announced a settlement with the last remaining party accusing them of entering into an illegal pay-for-delay agreement to keep a generic version of the stroke prevention medicine Aggrenox off the market, paving the way for the multidistrict litigation in Connecticut federal court to close out.

  • June 11, 2018

    Calif. County Continues To Fight Suit Over Hemp Seizure

    San Joaquin County, California, officials told a federal court Friday that a tribal-owned company and various individuals suing the officials over a decision to seize $77 million worth of hemp crops don’t have standing to bring the suit.

  • June 11, 2018

    Lawmakers Seek To Hold USPS 'Accountable' In Opioid Bill

    A bipartisan, bicameral congressional group has reached an agreement on a bill aimed at holding the federal government "accountable" for preventing synthetic opioids from being trafficked into the U.S. through the Postal Service, according to a statement by the House Ways and Means Committee.

  • June 11, 2018

    Justices Won't Weigh Rest Break Pay, Pfizer Unit Bias Suit

    The U.S. Supreme Court on Monday declined to review the Third Circuit's ruling that workers must be paid for breaks of 20 minutes or less under the Fair Labor Standards Act, while also turning away an appeal of a Fifth Circuit ruling in a bias suit against a Pfizer unit.

  • June 11, 2018

    Rehab Network Extends Sale Timeline To Appease Creditors

    Bankrupt drug and alcohol addiction treatment network EBH TopCo LLC on Monday reached a deal with its post-petition lender and its unsecured creditors committee in Delaware to extend the proposed milestones in its asset sale process by about three weeks to address the concerns of the newly formed committee.

  • June 11, 2018

    Ex-United Airlines Worker Wins Benefits Fight With Cigna

    Two Cigna Corp. units improperly denied disability benefits to a former United Airlines Inc. flight attendant by relying on reports from doctors who failed to properly consider how her lupus would affect her ability to work, a Michigan federal judge ruled Friday.

  • June 11, 2018

    Simpson Thacher Leads KKR In $10B Envision Healthcare Buy

    KKR, led by Simpson Thacher & Bartlett LLP, revealed Monday it will buy physician-led services and post-acute care provider Envision Healthcare in a $9.9 billion deal, including debt.

  • June 8, 2018

    Honeywell Only Owed Benefits Until CBA Expired: 6th Circ.

    The Sixth Circuit on Friday overturned an Ohio federal judge's decision that Honeywell International Inc. owed its retirees lifetime health care benefits, saying Honeywell only needed to provide the benefits until the collective bargaining agreement expired.

Expert Analysis

  • Diabetic Care RX Case Is A Warning Sign For Private Equity

    Christopher Hewitt

    The United States government recently sent shock waves through the private equity industry by charging a PE firm for its portfolio company’s alleged health care fraud in U.S. v. Diabetic Care RX. Four measures can help private equity firms mitigate their risk so they avoid the same fate, say Christopher Hewitt and Jayne Juvan of Tucker Ellis LLP.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • CMS Finally Agrees To Follow High Court Opinion From 1988

    Kenneth Marcus

    A recent ruling from the Centers for Medicare & Medicaid Services finally acquiesces to the 1988 U.S. Supreme Court decision in Bethesda Hospital Association v. Bowen, albeit some years later. In elaborating on its adherence to Bethesda, the ruling consists of seven important provisions, says Kenneth Marcus of Honigman Miller Schwartz and Cohn LLP.

  • Employee Arbitration Agreement Insights From Rhode Island

    Alicia Samolis

    A Rhode Island federal court recently ruled in favor of an employer in a decision concerning an employee arbitration agreement, an intriguing split from a decision in a similar case months earlier by the same court in a separate session, say Alicia Samolis and Chris Wildenhain of Partridge Snow & Hahn LLP.

  • The Rapidly Evolving Medicare Telehealth Landscape

    Miranda Franco

    One of the biggest drivers of change in the telehealth industry is the Creating High-Quality Results and Outcomes Necessary to Improve Chronic Care Act, which was part of the recently passed Bipartisan Budget Act. The improvements included in the legislation are just the latest efforts signed into law to modernize telehealth nationwide, says Miranda Franco of Holland & Knight LLP.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • Insurers A Little Bluer After BCBS Antitrust Decision

    craig.jpg

    An Alabama federal court recently ruled that it is per se anti-competitive for the Blue Cross and Blue Shield Association to grant licenses to member plans to use trademarks in exclusive geographic markets. If upheld, this decision represents a significant threat to the fundamental structure of the association, says Robert Craig of Taft Stettinius & Hollister LLP.

  • 11th Circ. Decision Deepens An FCA Circuit Split

    Douglas Baruch

    The Eleventh Circuit's False Claims Act decision this month in U.S. v. Cochise results in a clear and stark circuit court split. The issue of whether the extended limitations period may be invoked by relators in declined qui tam actions — and, if so, whose knowledge triggers the clock — is now ripe for resolution by the U.S. Supreme Court, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.