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Health

  • June 6, 2018

    Walgreen, Kroger Join J&J's Remicade Antitrust Brawl

    Pharmacy giants Walgreen Co. and The Kroger Co. on Wednesday sued Johnson & Johnson in Pennsylvania federal court, accusing it of compelling insurers not to cover biosimilar versions of the blockbuster immunosuppressant Remicade, adding to J&J’s headaches in a closely watched antitrust battle.

  • June 6, 2018

    Convicted Valeant Exec Says Dishonest Juror Tainted Trial

    A former Valeant Pharmaceuticals International Inc. manager awaiting sentencing for his role in a $9.7 million kickback plot has urged a Manhattan federal judge to scrap his conviction, saying one of the jurors lied to hide that she's embroiled in a lawsuit alleging she abused disabled adults at a care facility.

  • June 6, 2018

    Va. School Board Can File Quick Appeal In Trans Bias Case

    A Virginia school board can ask the Fourth Circuit to consider whether Title IX covers discrimination based on gender identity, a federal judge ruled Tuesday, marking the latest twist in a transgender high school graduate’s discrimination case that has previously made its way to the U.S. Supreme Court.

  • June 6, 2018

    LabCorp Slams Claims It Conspired To Block Del. Startup

    LabCorp urged a Delaware federal court on Tuesday to toss a suit from a smaller laboratory services company alleging it conspired with a Medicaid service management organization to keep the startup out of the market, arguing the suit attacks the basic practice of insurers choosing their own providers.

  • June 6, 2018

    11th Circ. Frees LabMD From FTC Data Security Order

    The Eleventh Circuit on Wednesday threw out a Federal Trade Commission order directing LabMD to overhaul its data security program, finding that a lack of specifics on how the changes should be implemented doomed the directive while deferring to the agency on the broader question about the scope of its data security authority.

  • June 6, 2018

    Microsoft Can't Dodge Suit On 'Wilderness Program' Exclusion

    A Washington federal judge found Tuesday that an exclusion for “wilderness programs” in a Microsoft Corp. health plan didn’t doom a 16-year-old’s proposed class action alleging the company wrongly denied coverage for mental health and substance abuse treatment, though he tossed the youth’s breach of fiduciary duty claims.

  • June 6, 2018

    Gov't Keeps FCA Claims Against Sleep-Testing Co. Alive

    An Illinois federal judge refused to toss the government's False Claims Act suit against a company that provides in-home testing for sleep disorders on Tuesday, saying the government provided enough evidence for it to move forward.

  • June 6, 2018

    Athenahealth CEO Steps Down Amid Review, Elliott Offer

    Massachusetts-based health care software giant Athenahealth Inc. said Wednesday that its CEO has stepped down amid the board of directors’ search for strategic alternatives for the business, misconduct allegations against the executive, and an all-cash offer from activist investor Elliott Management Corp.

  • June 5, 2018

    Lawmakers Raise Concerns About HHS Cyber Law Rollout

    Bipartisan members of key House and Senate committees pressed the U.S. Department of Health and Human Services on Tuesday for answers on how the department is implementing a 2015 law intended to encourage government agencies to share cyberthreat data.

  • June 5, 2018

    Hard Hit By Opioids, Tribes To Get Own Track Within MDL

    Native American tribes are on their way to having their own track within the ever-growing multidistrict litigation over the opioid epidemic in Ohio federal court, according to an order Monday from the federal judge overseeing the case.

  • June 5, 2018

    Attys Seek Fees After $1.6M Deal In Anthem Autism Suit

    The class counsel for nearly 200 children diagnosed with autism asked an Indiana federal judge Monday for more than $500,000 in attorneys’ fees after securing a $1.6 million settlement with Anthem over claims that the insurer’s coverage policy flouted federal benefits law.

  • June 5, 2018

    3rd Circ. Revives Suit Of Nurse Fired After Vaccine Refusal

    A Third Circuit panel on Tuesday revived a Mount Nittany Medical Center nurse’s suit claiming she was axed because she wouldn’t get a required vaccine for tetanus, diphtheria and pertussis, saying her claims were sufficient to survive a dismissal bid.

  • June 5, 2018

    White House Tinkers With Spending Pullback Plan

    The White House picked at the edges of Congress' proposed spending cuts Tuesday, making some changes to, but mostly standing by, a plan to pull back $15 billion in already authorized spending for health care, car technology research and other areas.

  • June 5, 2018

    FDA Warning Wire: Online Opioid Sales, Caffeine Crackdown

    The U.S. Food and Drug Administration on Tuesday went on an enforcement blitz over online opioid sales, telling nine networks running more than 50 websites to stop allegedly illegally marketing possibly dangerous versions of opioid drugs, and upbraided sellers of highly concentrated caffeine products. Here’s the latest in the agency’s enforcement actions.

  • June 5, 2018

    SEC Probe Into Biotech Co. Made Shares Drop, Investor Says

    An investor in the biotechnology company Mabvax Therapeutics Holdings lodged a proposed class action in California federal court Monday, alleging the company's failure to disclose control issues and improper influence by some investors sparked a U.S. Securities and Exchange Commission investigation that caused its stock price to plummet.

  • June 5, 2018

    AlaskaCare Illegally Excludes Trans Workers, Librarian Says

    A transgender librarian with the Alaska State Legislature sued the state on Tuesday, alleging it violates federal discrimination laws by refusing to pay for gender reassignment surgery through state-run health plan AlaskaCare.

  • June 5, 2018

    Texas Panel Nixes IT Worker's Bias Suit Against Hospital

    A Texas appeals court has tossed an information technology worker's lawsuit alleging he was fired from his job at a hospital system in an act of both retaliation and racial discrimination, finding the facts do not support his claims.

  • June 5, 2018

    Advocates Say Colo. Detention Site Providing Inadequate Care

    Immigrant detainees at a privately run detention center in Colorado are receiving inadequate mental health and medical care, the American Immigration Lawyers Association and the American Immigration Council alleged Monday in an administrative complaint they filed with several federal government agencies.

  • June 4, 2018

    Filmmaker Takes 2nd Crack At Theranos Deposition Footage

    A documentary filmmaker who is working on a project about scandal-ridden blood-testing company Theranos Inc. has asked a California federal judge to let him intervene in a securities suit and see deposition videos that Theranos seeks to keep confidential, telling the court Friday there is no good reason to block their release.

  • June 4, 2018

    Express Scripts, CVS Want EpiPen Cost ERISA Suit Tossed

    Express Scripts Holding Co., CVS Health Corp. and other pharmacy benefit managers urged a Minnesota federal judge Friday to toss a proposed class action alleging that they breached their Employee Retirement Income Security Act duties and caused large increases to EpiPen’s list price, arguing that the companies weren’t fiduciaries subject to the law.

Expert Analysis

  • How To Do Time: Part 3

    Alan Ellis

    Most lawyers are understandably unable to advise a first-time federal inmate as to what it will be like in prison. Here, criminal defense attorney Alan Ellis and federal prison consultant J. Michael Henderson offer answers to questions attorneys, their clients, and their clients' family and friends may have about medical care in the Bureau of Prisons.

  • Opinion

    Attorney-Client Privilege Is Alive And Well

    Genie Harrison

    The FBI raid of the office of President Donald Trump’s personal lawyer set off a firestorm of controversy about the sanctity of the attorney-client privilege, epitomized by Trump's tweet that the "privilege is dead." But attorney-client privilege is never taken lightly — I have battle scars from the times I have sought crime-fraud exceptions, says Genie Harrison of the Genie Harrison Law Firm.

  • Roundup

    Dissolving Practice

    Dissolving Practice

    In this series, experts discuss the unique aspects of closing a law firm, and some common symptoms of dysfunctionality in a firm that can be repaired before it's too late.

  • Series

    Dissolving Practice: How To Fix A Dysfunctional Law Firm

    Larry Richard

    I am often asked, “When there are one or more partner departures, what can a firm do to prevent this from escalating to a catastrophic level?” The short answer is “nothing.” Law firms need to adopt culture-strengthening lifestyles to prevent defections from occurring in the first place, says Larry Richard of LawyerBrain LLC.

  • Courts Remain Skeptical Of FCA Statistical Arguments

    Robert Rhoad

    A Massachusetts federal court's ruling in U.S. v. Massachusetts General Hospital highlights courts’ continued skepticism about using statistics and other evidence to establish liability under the False Claims Act. The decision is particularly important since it comes from a jurisdiction where the FCA’s pleading standards are relaxed, say attorneys with Sheppard Mullin Richter & Hampton LLP.

  • Series

    Dissolving Practice: Partner Agreement Clauses That Can Help

    ​​​​​Leslie Corwin

    Given the competing public policies of protecting clients’ right to counsel of their choice, lawyer mobility, and the fiduciary duty partners owe to a dissolved firm, it behooves law firms to carefully review their partnership agreements to make sure they adequately spell out what happens in the unfortunate event that the law firm chooses to wind down, say ​​​​​Leslie Corwin and Rachel Sims of Blank Rome LLP.

  • Series

    Dissolving Practice: The Unfinished Business Doctrine

    Thomas Rutledge

    There has been, of late, significant dispute as to the application of the unfinished business doctrine, particularly with respect to hourly rate matters of now-dissolved large law firms. And the California Supreme Court’s recent decision in Heller Ehrman, like others as to similar points, is highly questionable, says Thomas Rutledge of Stoll Keenon Ogden PLLC.

  • 3 New Settlements Highlight DOJ Scrutiny Of Device Makers

    John Bentivoglio

    While it appears that the pace of settlements involving medical device makers in the first quarter of 2018 has been high, a more thorough look shows that these companies, as well as individual executives and employees, have been the target of criminal and civil enforcement officials for years, say John Bentivoglio and Jennifer Bragg of Skadden Arps Slate Meagher & Flom LLP.

  • 'Malpractice' By A Computerized Decision-Support Tool?

    Charles Weiss

    Skounakis v. Sotillo, a case recently decided by the New Jersey Appellate Division, illustrates circumstances in which tort claims are brought against the supplier of a clinical computerized decision-support tool, and some of the issues that can arise in this type of case, says Charles Weiss of Holland & Knight LLP.

  • Another Dismissal Of TCPA Claims Involving Nonprofits

    Eric Berman

    In Reese v. Anthem, a Louisiana federal court recently dismissed a putative class action alleging violations of the Telephone Consumer Protection Act. The decision is worth noting because the court’s analysis provides some useful judicial gloss on the issues of TCPA consent and the distinction between commercial and informational communications, says Eric Berman of Venable LLP.