Health

  • October 09, 2026

    Expert's Failure To Identify Doctors Dooms Texas Med Mal Suit

    A Texas appellate court has tossed a medical malpractice lawsuit accusing three doctors of failing to diagnose a woman's brain cyst, holding that the plaintiff's expert report failed to identify which physicians allegedly caused the woman's injuries.

  • October 09, 2026

    9th Circ. Says AmeriBen Data Breach Enough To Allege Injury

    The Ninth Circuit on Friday revived a proposed data breach class action alleging health plan administrator AmeriBen unlawfully revealed patients' information, ruling the disclosures were enough to sustain a lawsuit even if the underlying information might seem "mundane."

  • October 09, 2026

    Gene Therapy Patent Suit Against Sarepta Comes To Close

    Sarepta Therapeutics Inc. no longer has to face a lawsuit accusing it of infringing a University of Pennsylvania gene therapy patent licensed by clinical-stage biotechnology company Regenxbio Inc. after the parties told a Delaware federal judge they agreed to end the case.

  • October 09, 2026

    DA Pans Mangione's Double Jeopardy Bid In NY Murder Case

    New York prosecutors on Friday panned Luigi Mangione's bid to dismiss his state murder case, arguing that his guilty plea to federal stalking charges does not subject him to unlawful double jeopardy, as the second-degree murder charge is meant to prevent a different kind of "harm or evil."

  • October 09, 2026

    Estate Says Insurer Must Cover Fatal Hyperbaric Chamber Suit

    The parents of a 5-year-old killed in a hyperbaric chamber explosion and the center where he was receiving the therapy urged a Michigan federal court to reject an insurer's bid to avoid defending the center, saying that insurance coverage is warranted in the family's wrongful-death suit.

  • October 09, 2026

    Woman Says Emory Healthcare's Inaction Led To Son's Death

    A Georgia woman sued Emory University and Emory Healthcare Inc. in state court, alleging they refused repeated requests to check on her son, who was later found unresponsive in a hospital parking deck and died of an accidental fentanyl overdose.

  • October 09, 2026

    Latham-Led Consonance Clinches $1.35B Healthcare Fund

    Latham & Watkins LLP-advised healthcare private equity shop Consonance Capital Partners on Friday revealed that it closed its latest fund with $1.35 billion of investor commitments.

  • October 09, 2026

    'A Moral Hazard': Kalshi Drug Trial Bets Spark Ethical Qualms

    Kalshi Inc. opening prediction markets for clinical drug trials has raised a host of compliance concerns for attorneys, including the risk of insider trading among the wide swaths of stakeholders in the know about the trials, as well as the danger of compromising the trials themselves.

  • October 09, 2026

    Logistics Cos. Can't Pause Tobacco Fee Suit

    A Connecticut federal judge on Friday shut down two logistics companies' bid to stay discovery in a case claiming they didn't properly reimburse employees who paid a health plan fee for tobacco use, ruling a pause wasn't warranted given the suit's history.

  • October 09, 2026

    ERISA Recap: 6 Notable Decisions From September

    The Tenth and Seventh circuits issued published opinions in two union retirement disputes, while the Sixth Circuit found that the Commonwealth of Kentucky's lawsuit against pharmacy benefit managers does not belong in state court, citing colorable federal preemption arguments. Here's more on those decisions and three other notable rulings involving the Employee Retirement Income Security Act that came down in September.

  • October 09, 2026

    Feds Again Turn To 9th Circ. In Fight Over ICE Facility

    The Trump administration said Friday it will ask the Ninth Circuit to overturn a trial court decision requiring ICE to give independent monitors access to conduct inspections and electronic records for detained immigrants at a lockup in Adelanto, California, where a judge has twice called for conditions to be improved.

  • October 09, 2026

    Squires Grants 4 PTAB Petitions, Rejects 3 In New Drop

    U.S. Patent and Trademark Office Director John Squires has instituted four new America Invents Act reviews at the Patent Trial and Appeal Board and turned down three in his newest mass order.

  • October 09, 2026

    Eli Lilly Lobs 4 Suits Alleging Illegal Weight Loss Drug Sales

    Eli Lilly and Co. has sued an Arizona weight loss clinic and three online sellers, alleging they are illegally selling products containing the pharmaceutical giant's investigational molecule that has not yet been approved for use in any drug, endangering consumers in a mockery of safety guidelines.

  • October 09, 2026

    IVF Genetic Test Class Can't Prove Inaccurate Results

    A New Jersey federal judge has thrown out a proposed class action alleging a genetic testing company misled consumers about the accuracy of in-vitro fertilization patient tests, ruling the plaintiffs failed to show they actually received inaccurate results.

  • October 09, 2026

    Hospitals Ask Court To Block Revised Plan For 340B Rebates

    The American Hospital Association and four safety-net hospitals in Maine sued the Trump administration Friday to block plans to establish a rebate system in the 340B drug discount program, alleging it violates procedural requirements and threatens hospital finances.

  • October 08, 2026

    Taro Pharma Says MDL Deal Bars States' Duplicative Claims

    Taro Pharmaceuticals USA asked a Connecticut federal judge to toss generic-drug price-fixing claims brought by a coalition of states on behalf of consumers that are duplicative of claims the consumers have already resolved through settlements in separate multidistrict litigation.

  • October 08, 2026

    Texas Clinics Settle False COVID-19 Billing Claims For $20M

    Two Texas clinics under the same ownership have agreed to pay the government $20 million to settle False Claims Act allegations that they lied about COVID-19 billing, according to the U.S. Department of Justice.

  • October 08, 2026

    Wash. Justices Say Privacy Act Doesn't Bar Hospital Pixel Use

    The Washington State Supreme Court said Thursday the state's privacy act does not prohibit Seattle Children's Hospital from using web analytics tool Meta Pixel on its public-facing website, rejecting a group of parents' allegations that their browsing and search activity was illegally intercepted and sent to the Facebook parent company.

  • October 08, 2026

    Mayne, Ascend Cut $1M Generic Price-Fixing Deal With States

    Ascend Laboratories, Mayne Pharma and Citron Pharma asked a Connecticut federal judge Thursday to sign off on a settlement with a coalition of states resolving claims the companies were involved in an illegal conspiracy to fix prices and suppress competition for generic drugs in the United States. 

  • October 08, 2026

    Pa. Justices Urged To Toss $207M UPenn Med Mal Verdict

    The U.S. Chamber of Commerce has pressed the Pennsylvania Supreme Court to overturn a lower court ruling that allowed a record $207 million medical malpractice verdict, saying because no individual hospital employee was found negligent, the case improperly expands vicarious liability into an unprecedented "team liability" doctrine.

  • October 08, 2026

    High Court Urged To Keep Prison Trans Care Ban Blocked

    The U.S. Supreme Court should decline the Trump administration's request to disturb a district court order barring the Federal Bureau of Prisons from enforcing a gender dysphoria care ban, a group of transgender individuals incarcerated in BOP facilities argued Thursday.

  • October 08, 2026

    Mich. Says Blue Cross Monopoly Ups Costs And Cuts Care

    The state of Michigan accused Blue Cross Blue Shield of Michigan Mutual Insurance Co. in federal court Thursday of amassing an illegal health insurance monopoly in the state, allegedly driving up premiums and out-of-pocket costs for state businesses and patients.

  • October 08, 2026

    Flint Hospital Accused Of Race Bias In Nurse Promotion

    A Black registered nurse has sued a Flint, Michigan, hospital and one of its administrators alleging she was passed over for a promotion in favor of a less-qualified white candidate after an administrator manipulated the interview process and predetermined who would receive the position.

  • October 08, 2026

    $13.4M Conn. Insurance Fight Won't Resume Amid Appeal

    A Connecticut judge won't lift a stay on a mother's lawsuit seeking to enforce a $13.4 million trial judgment over her son's death in a group home because the group home still has time to appeal a decision affirming the judgment.

  • October 08, 2026

    2 More Sentenced In $11M Amtrak Health Fraud Scheme

    A former Amtrak employee and a New York podiatrist have been sentenced to prison for their roles in a scheme that prosecutors claim defrauded the rail carrier out of $11 million in health benefits, the U.S. attorney's office in New Jersey said.

Expert Analysis

  • Intersecting Investigation Risks Loom In Next Congress

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    Taken together, two July D.C. Circuit decisions and a recent U.S. Department of Justice opinion on executive privilege may affect the procedural defenses and privilege protections available to targets of oversight in the upcoming Congress, and companies should begin preparing now, say attorneys at WilmerHale.

  • Vanda Ruling Offers New Guide To Generic Labeling Disputes

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    The D.C. Circuit's recent decision in Vanda Pharmaceuticals v. U.S. Food and Drug Administration is significant for its guidance on when generic-drug labeling remains sufficiently similar to brand labeling and when a difference requires a statutory exception, says Shashank Upadhye at Upadhye Tang.

  • Attorneys Using AI May Have Ethical Duty To Redact Docs

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    The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

  • Cannabis, Psychedelics Boom Raises IP Hurdles

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    Recent data regarding patent filing activity and litigation in the cannabis and psychedelics markets indicates that as commercial interest accelerates, the scope of publicly accessible prior art is also expanding, setting a higher bar for novelty and nonobviousness in patent applications, say attorneys at Sterne Kessler.

  • 5 Practice Tips After DOJ's Healthcare Fraud Declination

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    In light of the U.S. Department of Justice's decision to not prosecute Campus Eye Management under the agency's new corporate enforcement and voluntary self-disclosure policy, healthcare companies should keep several considerations in mind when weighing their risk and self-disclosure strategy, including the distinctions between reporting to the DOJ versus other government agencies, say attorneys at Haynes Boone.

  • Bid Protest Spotlight: GAO Lessons For Small Biz Contractors

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    In this month's bid protest roundup, Alissandra McCann at MoFo offers small business takeaways from three recent U.S. Government Accountability Office decisions about rule-of-two challenges, joint ventures maintaining service-disabled, veteran-owned small business certifications, and joint venture and teaming arrangement eligibility distinctions.

  • State AI Safety Laws Raise New Liabilities For Healthcare Cos.

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    Healthcare and life science companies using third-party artificial intelligence tools should pay particular attention to the changing state-level legal landscape, where the rollout of multiple AI safety laws is introducing both new compliance obligations and potential consumer protection liabilities, say attorneys at McDermott.

  • Series

    Juggling And Unicycling Make Me A Better Lawyer

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    Because I juggle (sometimes with fire) and ride the unicycle, friends and family used to joke that I should join the circus, but I pursued the practice of law instead and learned that my hobbies benefit my profession in several important ways, says Morgan Eddy at Smith Currie.

  • FDA Closeout Letter Suggests Relaxing Stance On Wearables

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    The U.S. Food and Drug Administration's recent decision not to pursue enforcement action against Whoop's wearable blood pressure tracker, read together with guidance released earlier this year, suggests a softer shift in the FDA's approach to regulating wearables, say attorneys at Arnold & Porter.

  • Justices' Hikma Reasoning May Extend Well Beyond Pharma

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    The active steps framework announced by the U.S. Supreme Court in its Hikma v. Amarin decision, finding that Amarin failed to plausibly allege inducement of infringement, has the potential to reshape how courts evaluate inducement claims across patent, copyright and other doctrines, say attorneys at BCLP.

  • Teva MDL Loss Shows DPAs Can Return To Haunt Civil Suits

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    Teva’s recent partial summary judgment loss in antitrust multidistrict litigation reinforces the importance of carefully scrutinizing any statement of facts a company admits to in a deferred prosecution agreement, and illustrates the potential costs of resolving a criminal investigation this way, say attorneys at Sheppard.

  • 11th Circ. FCA Qui Tam Revival Queues Up Next Challenges

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    Though the Eleventh Circuit on Sept. 1 upheld the constitutionality of the False Claims Act's qui tam provision, it will probably face continued litigation since the appellate court declined to rule on other constitutional challenges and the decision will likely be petitioned to the U.S. Supreme Court, say attorneys at Sheppard.

  • Prepping Health Businesses For Sale In A Data-Driven Market

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    In a thinner market for healthcare transactions, with both regulators and buyers using artificial intelligence to inspect data in great detail, the margin for error in sellers' financials and legal diligence has narrowed, requiring more proactive compliance efforts, says Cody Dumas at FBFK Law.

  • Series

    Ballet Makes Me A Better Lawyer

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    A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

  • Rejection Of NLRB Successor Bar Renews An Employer Tool

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    Although the D.C. Circuit's recent ruling in Hospital Menonita v. National Labor Relations Board does not allow purchasers to disregard incumbent unions, employers acquiring a unionized business have regained a tool to challenge a union's majority support, say attorneys at Bass Berry.

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