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Health

  • October 1, 2018

    Supreme Court Won't Tackle Circuit Split Over FCA Specifics

    The U.S. Supreme Court on Monday once again steered clear of a circuit split over how precisely False Claims Act suits must allege bogus billing, leaving intact an Eleventh Circuit decision that refused to assume fraud occurred based on suspicious record-keeping.

  • September 28, 2018

    Supreme Court Cheat Sheet: 8 Cases To Watch

    With D.C. Circuit Judge Brett Kavanaugh’s fate as the ninth justice still hanging in the balance, the U.S. Supreme Court kicks off its new term Monday without a case of blockbuster proportions. But there are several bread-and-butter business issues filling out the docket.

  • September 28, 2018

    Health Hires: Carlton Fields, Crowell & Moring, GCs

    University Hospital in Newark, New Jersey, has nabbed a chief legal officer from the governor's office, Carlton Fields has brought on a health care transactional attorney from Smith Hulsey & Busey, Crowell & Moring LLP has added to its intellectual property team in Brussels, and TriSalus Life Sciences has named a new general counsel from Katten & Temple LLP.

  • September 28, 2018

    Tribe Gets Partial Win In HHS Clinic Funding Suit

    A D.C. federal judge has ruled that a U.S. Department of Health and Human Services agency wrongly rejected the Fort McDermitt Paiute and Shoshone Tribe’s request to include an employee housing provision in a funding agreement for a health clinic, partially granting the tribe’s quick-win bid.

  • September 28, 2018

    5 High Court Battles Health Cos. Should Keep An Eye On

    Health care companies will be keeping an eagle eye on potential blockbuster cases after the U.S. Supreme Court’s new term gets underway Monday, including fights over patient privacy, Medicare reimbursement, False Claims Act liability and abortion rights. Here, Law360 summarizes five important battles to watch.

  • September 28, 2018

    Compounding Pharmacy, Owner Ink $1.2M Deal In FCA Case

    The federal government said Friday that a Florida compounding pharmacy and its owner have agreed to a $1.2 million deal to end a False Claims Act suit alleging they overbilled the government's Tricare program.

  • September 28, 2018

    Swimmer Cleared Of Doping After Meds Found Contaminated

    The U.S. Anti-Doping Agency said Friday that it found a U.S. National Junior Team and University of Texas swimmer was not at fault for testing positive for a prohibited substance after the agency found trace amounts in her prescription acne medication, which did not list the substance as an ingredient.

  • September 28, 2018

    Ex-NYU Medical Center Worker Claims Wrongful Termination

    An ex-NYU Langone Medical Center worker has sued her former employer in New York state court, alleging that she was fired after she was diagnosed with breast cancer despite having received positive performance reviews.

  • September 28, 2018

    9 Firms To Guide IPOs Totaling $779M To Launch October

    Nine firms are set to guide initial public offerings by five companies expecting to raise about $779 million during the week of Oct. 1 — a lineup dominated by technology and health care-related issuers, plus a blank check company eyeing a health care acquisition.

  • September 28, 2018

    Walgreens, Kroger Have No Right To Sue Over Remicade: J&J

    Johnson & Johnson urged a Pennsylvania federal judge Friday to toss a lawsuit from pharmacy giants Walgreens and Kroger accusing the drug company of compelling insurers not to cover biosimilar versions of the blockbuster immunosuppressant Remicade, arguing they can't participate in the closely watched antitrust fight.

  • September 28, 2018

    Skadden, Latham Lead $152.2M In Biotech, Tech Startup IPOs

    Skadden Arps Slate Meagher & Flom LLP-led mobile internet company CooTek (Cayman) Inc. and Latham & Watkins LLP-led cancer immunotherapy maker Gritstone Oncology Inc. started trading on Friday after pricing initial public offerings late Thursday raising an aggregate amount of approximately $152.2 million.

  • September 28, 2018

    Opioid Task Force Arrests 76 After Raid On Tribal Land

    The U.S. Department of the Interior has announced 76 drug-related arrests following a department-led undercover operation on North Carolina tribal lands, marking the latest development in a federal initiative created to combat the opioid crisis in Native American communities.

  • September 28, 2018

    GAO Backs VA Denial Of Construction Bid For Unclear Bond

    The U.S. Department of Veterans Affairs correctly rejected the lowest-priced bidder for a construction project at one of its medical facilities because the company's bond didn't meet the agency's liability requirements, the U.S. Government Accountability Office said in a decision made public Friday.

  • September 28, 2018

    Docs, Atty To Try Settling After $18M Malpractice Verdict

    An attorney who said he was left with severe health problems and unable to practice law after three doctors failed to properly diagnose his HIV will take one more stab at settling, even after being awarded an $18.4 million jury verdict, after the doctors on Friday in Massachusetts federal court made a bid to decrease the award.

  • September 28, 2018

    Walgreens To Pay SEC $34.5M Over Revenue Projections

    Walgreens Boots Alliance Inc. agreed to pay the U.S. Securities and Exchange Commission $34.5 million to settle allegations that the company and its executives misled investors about revenues that were expected from Walgreens' acquisition of Alliance Boots GmbH, the SEC said Friday.

  • September 28, 2018

    OSF HealthCare Beats Church Plan Suit

    OSF HealthCare System defeated a proposed class action accusing it of misusing the Employee Retirement Income Security Act's church exemption on Friday, with an Illinois federal judge ruling that the health care network's ties to the Catholic church put it beyond ERISA's reach.

  • September 27, 2018

    6th Circ. OKs Sanction For Atty In Time-Barred Bias Suit

    The Sixth Circuit on Thursday upheld a nearly $26,000 sanction against an attorney for a former nursing home worker for pursuing a disability discrimination case on her behalf long after a deadline for filing suit had passed.

  • September 27, 2018

    Federal Workers' Health Premiums Hike Is Lowest In 24 Years

    Nonpostal employees and retirees enrolled in a federal employer-sponsored health benefits program can expect a 1.5 percent increase on average in their insurance premiums for the 2019 plan year, the lowest premium hike since 1995, the U.S. Office of Personnel Management announced Wednesday.

  • September 27, 2018

    Ky. Law Firm Can Keep Fees From Hospital Bankruptcy Case

    Because a Kentucky law firm did the job it was paid to do in administering a bankruptcy case for a defunct hospital, the firm should not have to return $60,000 in attorneys' fees to the Internal Revenue Service for taxes its client failed to pay, an Indiana district court has ruled, upholding a U.S. Bankruptcy Court ruling.

  • September 27, 2018

    SEC Seeks $15.5M Win Against EB-5 Fraudsters

    The U.S. Securities and Exchange Commission urged a California federal court to order a doctor, his office manager and their affiliated businesses to disgorge more than $15.5 million, after the pair agreed not to contest the SEC’s allegations that they misappropriated funds through an EB-5 visa scam.

Expert Analysis

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • 4 Tips For Addressing Electronic Health Record Claims

    David Brown

    According to recent data from Diederich Healthcare, medical malpractice verdicts and settlements — including claims related specifically to the electronic health record — have been on the rise since 2013. Lawyers representing medical providers must be up to date on the ins and outs of the EHR and its implications in a litigation setting, say David Brown Jr. and Emily Slay Walters of Watkins & Eager PLLC.

  • Fortuity Rules May Incite Coverage Row Over Opioid Lawsuits

    Monica Sullivan

    Recent cases like Miami-Luken v. Navigators emphasize that losses must be accidental and fortuitous to be covered by insurance. Since most opioid lawsuits allege that defendants knowingly caused harm, companion insurance coverage suits will continue to raise issues such as prior knowledge and known loss, say Monica Sullivan and Jodi Green of Nicolaides Fink Thorpe Michaelides Sullivan LLP.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.