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  • June 8, 2018

    7th Circ. Nixes CVS' $307K Atty Fee Win Against EEOC

    The Seventh Circuit on Friday reversed in part a $307,902 attorneys’ fee award against the U.S. Equal Employment Opportunity Commission in its suit alleging CVS Pharmacy Inc. used a severance agreement to chill its employees’ rights to lodge discrimination claims with the agency, finding that the lawsuit wasn’t frivolous.

  • June 8, 2018

    8th Circ. Says ERISA, Medicare Override Ark. Pharmacy Law

    An Eighth Circuit panel on Friday ruled an Arkansas law dictating how much pharmacies get reimbursed for the generic drugs they buy from wholesalers is preempted by the Employee Retirement Income Security Act and Medicare Part D, handing a win to the pharmacy benefit managers trade association that challenged the state statute.

  • June 8, 2018

    NY Pharmacy Owner Cops To $1.5M Medicaid Fraud

    A pharmacy owner has admitted to defrauding New York’s Medicaid program out of $1.5 million by billing for medication he didn’t dispense and to paying kickbacks for cancer medicine prescriptions, the state's Attorney General Barbara D. Underwood and Comptroller Thomas P. DiNapoli said Friday.

  • June 8, 2018

    Meet The Lobbyist Battling FDA In Epic Supplement Clash

    C. McClain “Mac” Haddow was a top official at the U.S. Department of Health and Human Services who endured a stunning fall from grace, dusted himself off and built an influential lobbying shop with big-name drugmaker clients. Now, in the twilight of his career, he finds himself at the center of one of the most heated battles to ever surround a dietary supplement.

  • June 8, 2018

    Nursing Facility Co. To Pay $30M To End Medicare Claims Suit

    A Kentucky-based owner of skilled nursing facilities will pay more than $30 million to resolve allegations the company made unnecessary or unreasonable Medicare reimbursement claims and submitted forged documents to Tennessee's Medicaid program, the U.S. Department of Justice announced Friday.

  • June 8, 2018

    Roche, Humana Can't Flee FCA Suit Over Debt Deal

    Roche Diagnostics Corp. and Humana Inc. must face a whistleblower’s False Claims Act suit accusing the drugmaker of getting its diabetes products back on the insurer’s Medicare Advantage formulary by forgiving a massive debt the insurer had racked up, an Illinois federal judge ruled Thursday.

  • June 8, 2018

    Tennis Player Wants $10M Injury Suit Back In State Court

    Professional tennis player Madison Brengle asked a Florida federal court on Friday to remand to state court her claims that required anti-doping tests injured her serving arm and impacted her career, arguing that she has no arbitration clause with the International Tennis Federation and other defendants in the suit.

  • June 8, 2018

    House Passes $15B CHIP, Car Tech Research Spending Cuts

    The U.S. House of Representatives passed a $15 billion pullback of already authorized spending on the Children’s Health Insurance Program, car technology research and other areas on Thursday, putting the funding rollback on an uncertain path in the Senate.

  • June 8, 2018

    ITC Urged To Investigate Canadian Convertible Sofas

    An Ohio furniture maker has asked the U.S. International Trade Commission to investigate the import and sale of a Canadian rival's specialty convertible sofas, which the U.S. company claims are a “colorable imitation” of its own products.

  • June 7, 2018

    Trustee Says Rehab Network Should Give Bidders More Time

    The United States trustee objected Thursday in Delaware bankruptcy court to the proposed bidding procedures for addiction treatment network EBH TopCo LLC, saying the planned sale timeline would not allow a thorough review of its assets before the bid deadline.

  • June 7, 2018

    Wash. Justices Side With State Farm Insureds In Benefits Row

    The Washington Supreme Court on Thursday handed a key win to a class of State Farm policyholders who allege their claims for personal injury benefits were wrongfully denied, holding that a state regulation prohibits the insurer from rejecting a claim based on a physician’s finding that a policyholder has achieved “maximum medical improvement.”

  • June 7, 2018

    Plan's Mental Health Coverage Lacks Parity, 9th Circ. Finds

    The Ninth Circuit on Wednesday revived a lawsuit challenging the denial of a claim for an inpatient stay at a residential mental health treatment facility by a benefit plan covering nonprofit health system Catholic Health Initiatives employees and their dependents, taking issue with disparity in the plan’s coverage of room and board.

  • June 7, 2018

    Trump Admin. Backs GOP's Latest Anti-ACA Suit

    The Trump administration on Thursday largely endorsed the GOP’s latest legal assault on the Affordable Care Act, telling a Texas federal court that it agrees that the landmark law's individual mandate is now unconstitutional and that key parts of the ACA must be invalidated as a result.

  • June 7, 2018

    FTC Facing Data Security Conundrum Post-LabMD

    The days of the Federal Trade Commission requiring companies to carry out holistic data security overhauls to resolve government probes over privacy lapses are numbered, attorneys said Thursday after the Eleventh Circuit tossed a cease-and-desist order against a defunct cancer-screening lab for being too vague.

  • June 7, 2018

    Senate Panel OKs $97B Construction, VA Funding Bill

    The Senate Appropriations Committee on Thursday approved nearly $100 billion worth of funding for military construction and infrastructure projects as well as veterans health care and benefits, the day after President Donald Trump signed a $55 billion U.S. Department of Veterans Affairs reform bill.

  • June 7, 2018

    Trump Balks At Parts Of Newly Signed $55B VA Bill

    President Donald Trump on Wednesday disavowed parts of a $55 billion bill overhauling how the U.S. Department of Veterans Affairs pays for private care just hours after he had praised the "landmark" bill and signed it into law, saying Congress had overstepped its authority.

  • June 7, 2018

    Anthem Ducks ERISA Claims In Suit Over Premium Payments

    A D.C. federal judge granted Anthem Inc. partial dismissal Wednesday of a suit accusing the insurer of a prohibited transaction with a union's disability plan under the Employee Retirement Income Security Act, but he kept contract and unjust enrichment claims from the plan's trustees alive.

  • June 7, 2018

    Health Care REIT Strikes €1.6B JV Deal For German Hospitals

    Health care real estate investment trust Medical Properties Trust Inc. struck a €1.63 billion ($1.95 billion) joint venture deal with European wealth management and real estate firm Primonial Group involving a set of MPT-owned hospitals in Germany, the companies said Thursday.

  • June 7, 2018

    Two Christian Schools Escape ACA Contraception Mandate

    An Indiana federal judge has said the contraceptive mandate in the Affordable Care Act will no longer be enforced against two Christian institutions of higher education in the wake of the government agreeing that the rules violated the schools’ religious freedom.

  • June 7, 2018

    Proposed Bill Targets Cancer Risk Product Labeling

    A bipartisan group of senators and congressmen on Thursday said that legislation they simultaneously introduced in the U.S. Senate and the U.S. House of Representatives would require labels to clearly identify the potential cancer risks of a product in a clear way that is backed by science.

Expert Analysis

  • The Puzzle Of Enforcing Class Action Bars Post-Shady Grove

    Daniel Fong

    It's been eight years since the U.S. Supreme Court’s ruling in Shady Grove Orthopedic Associates v. Allstate Insurance, but courts continue to wrestle with whether state statutory class action bars are enforceable in federal court, say Daniel Fong and Robert Guite of Sheppard Mullin Richter & Hampton LLP.

  • How States, Federal Agencies Are Challenging Drug Prices

    Tom Bulleit

    High prescription drug prices are increasingly a focal point in the discussion of U.S. health care spending. While there is little consensus in Congress, there has been considerable recent activity in the federal executive branch and in state legislatures, say Tom Bulleit and Rebecca Williams of Ropes & Gray LLP.

  • Medical Device Cybersecurity: Preparing For The Worst

    Sonali Gunawardhana

    Connected medical technology improves the lives of patients, but serious concerns can arise when hackers exploit security holes in these devices. Attorneys should advise their medical device manufacturer clients to develop and test detailed recall plans, and find better ways to reach consumers when a recall happens, say Sonali Gunawardhana of Shook Hardy & Bacon LLP and Chris Harvey of Stericycle Expert Solutions.

  • FDA’s Essure Order Affirms Role Of Learned Intermediary

    Robert Friedman

    The U.S. Food and Drug Administration's order to restrict sales of Bayer's birth control device Essure represents a significant reordering of the old "doctor knows best," paradigm and continues the trend toward greater patient autonomy and participation in one's own medical treatment, say Robert Friedman and Mark Sentenac of King & Spalding LLP.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Avoiding Pitfalls In Physician Practice Acquisitions

    Excerpt from Lexis Practice Advisor
    William Eck

    The past few years have seen a resurgence in the acquisition of physician practices, both by hospitals and by private equity firms. However, acquiring a physician group carries special challenges in view of the heavy regulation of the health care provider industry, says William Eck of Seyfarth Shaw LLP.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • Finance-Savvy Millennials Are Shifting Business Of Law

    Michael Perlich

    The impact of millennials has already been felt within the legal community by our eagerness to embrace new technologies. One way that we will have potentially even more impact lies in our willingness to embrace new ways of developing business and financing law, says Michael Perich of Burford Capital LLC.