Health

  • September 24, 2026

    9th Circ. Reinstates Vax Objector's Religious Bias Case

    The Ninth Circuit on Sept. 24 reopened a nurse's lawsuit alleging an Oregon hospital unlawfully put her on unpaid leave rather than accommodate her religious objection to its COVID-19 vaccine mandate, faulting the trial court for overlooking a letter in which she explained why she wanted an exemption.

  • September 23, 2026

    Organ Network Says Kidney Race Bias Claims Can't Proceed

    The United Network for Organ Sharing is seeking to exit a proposed class action claiming it prolonged wait times for Black patients seeking kidney transplants by encouraging hospitals to use a flawed race-based adjustment when measuring kidney function, saying the network's policy was "silent" as to how such scores were calculated.

  • September 23, 2026

    Google MDL Coverage Suit Belongs In Calif., Del. Judge Rules

    A Delaware state judge has stayed a lawsuit by American International Group subsidiaries seeking a declaration that they're not liable for covering Google's defense costs tied to social-media addiction multidistrict litigation, finding the parties must litigate in California where Google filed its own coverage suit weeks before the insurers.

  • September 23, 2026

    Calif. Appeals Court Revives Antitrust Suit Against Claritev

    A California state appeals court held in a published opinion that health insurer reimbursements for services are prices that, if fixed or tampered with, are subject to antitrust scrutiny, reviving a lawsuit that accused MultiPlan Corp. of violating antitrust law through pricing tools used by health insurance providers.

  • September 23, 2026

    Blue Shield Still Facing Therapy 'Ghost Network' Suit

    A California federal judge ruled Wednesday that Blue Shield of California must face the majority of claims brought in subscribers' proposed class action alleging the insurer maintained a "ghost network" of mental-health providers that didn't exist or accept new patients, saying the suit adequately claims contract terms were not met.

  • September 23, 2026

    Colo. Judge Declines To Sanction Hospital In Gender Care Suit

    Children's Hospital Colorado properly complied with an injunction prohibiting it from refusing to provide medically necessary gender-affirming care to transgender youth patients, a state judge ruled, rejecting a request by a class of patients to hold the hospital in contempt.

  • September 23, 2026

    Wash. Judge Blocks Ed. Dept. Mental Health Grant Cuts

    A Washington federal judge preliminarily enjoined the U.S. Education Department from terminating up to $1 billion in K–12 mental health grants serving 15 states, finding states provided sufficient evidence that the agency was planning to unlawfully cut those grants.

  • September 23, 2026

    Patients Drop Fertility Fraud Suits Against Yale Medical School

    Five plaintiffs have dropped two related court actions against Yale School of Medicine, Yale New Haven Hospital and the estate of a Connecticut doctor accused of fraudulently using his own sperm to inseminate fertility patients, state court records show.

  • September 23, 2026

    Vein Tech Maker Escapes Suit Over DOJ Kickback Probe

    A New York federal judge has tossed, for now, a proposed investor class action alleging that vein disease device maker Inari Medical Inc.'s share price fell after it disclosed an investigation into its compliance with federal anti-kickback laws, finding the suit does not plausibly show Inari was paying healthcare providers unlawful kickbacks, among other things.

  • September 23, 2026

    Motley Rice Partner Tapped For Opioid Case Co-Lead Counsel

    The Ohio federal judge overseeing multidistrict opioid litigation appointed on Wednesday Donald Migliori, a managing partner at Motley Rice LLC, as co-lead counsel in the wake of the death of the firm's co-founder Joe Rice, who had served in the position for the past eight years.

  • September 23, 2026

    Healthcare Co. Trims But Can't Escape Retirement Plan Suit

    Nonprofit healthcare system Virtua Health can't avoid a proposed class action alleging its 401(k) plan unlawfully offered a risky and underperforming investment option that provided excessive compensation to plan service providers, a New Jersey federal judge ruled.

  • September 23, 2026

    NJ Bias Case Judge Won't Nix Hospital's NDA Rule Yet

    A New Jersey state judge said it was too early to strike down a hospital's nondisclosure agreement provision for internal investigations in a former director's suit alleging she was the target of a retaliatory investigation.

  • September 23, 2026

    Vividion Investor Wants IP Suit Over $2B Bayer Deal Revived

    CHP III LP urged the Delaware Supreme Court on Wednesday to revive its suit over allegedly diverted intellectual property in Vividion Therapeutics Inc.'s $2 billion sale to Bayer Corp., while the defendants argued the investor is trying to turn a corporate injury into a direct stockholder claim that did not survive the merger.

  • September 23, 2026

    Fla. Woman Gets $7.6M In Leg Amputation Med Mal Suit

    A Florida jury has awarded a woman $7.6 million after finding that her doctors were negligent and failed to recognize a medical emergency threatening her leg, resulting in its amputation.

  • September 23, 2026

    'Hanging In There' Doesn't Ax Disability Claim, 9th Circ. Says

    "Hanging in there" and working through the pain of a worsening disability is not a reason to reject the testimony of someone seeking Social Security benefits, the Ninth Circuit ruled Wednesday.

  • September 23, 2026

    NM County Faces Sanctions Over Protected Disclosures

    A New Mexico federal judge said a county violated a protective order by disclosing information from confidential documents in a state court malpractice suit, saying the county's defense of "we own the documents and we can do what we want with them" did not defeat the order's restriction on the materials.

  • September 23, 2026

    Nursing Facility Operator To Pay $1M In FCA Settlement

    The operators of a group of skilled nursing facilities in Massachusetts will pay $1 million to settle allegations that they overbilled Medicare and Medicaid by inflating the level of care patients needed, federal and state prosecutors announced Wednesday.

  • September 23, 2026

    Medicare Brokers Say Feds Won't Identify Alleged False Claims

    A group of insurance companies and brokers accused in a False Claims Act case of colluding to steer Medicare recipients to certain Medicare Advantage plans said Tuesday that the federal government has refused to provide specifics of the allegations.

  • September 23, 2026

    Nixon Peabody Adds Ex-State Counsel To SF Office

    A former chief counsel for California's Department of Aging has moved his healthcare practice to Nixon Peabody's San Francisco office after more than two years with Epstein Becker & Green PC.

  • September 23, 2026

    Genesis Healthcare Reports Last-Minute Facility Sale Snags

    Genesis Healthcare and the winning bidder for its 175 nursing homes told a Texas bankruptcy judge Wednesday they have fallen into a disagreement over $100 million of the $1 billion purchase price with the deadline to close the sale a week away.

  • September 23, 2026

    DOJ Pressed On Gender Care Ban In Federal HIV Program

    A Massachusetts federal judge on Wednesday skeptically questioned the Trump administration's authority to prohibit doctors from providing gender-affirming care as part of a longstanding, federally funded HIV program.

  • September 22, 2026

    Meta Flaunts 'Abuse' Of Atty-Client Privilege, Judge Told

    A California federal judge ordered Meta on Tuesday to rereview privilege designations on 300 documents in social media addiction litigation, after plaintiffs' lawyers cited a "culture of privilege abuse" epitomized by Instagram swag hats embroidered with "a/c priv" — the shorthand used to log withheld documents.

  • September 22, 2026

    UMass Hospital Co. Beats Ex-VP's COVID Vaccine Firing Claim

    A jury cleared a central Massachusetts hospital system of liability for terminating a compliance officer who refused a COVID-19 shot, finding Tuesday she failed to show a sincere religious belief against vaccination.

  • September 22, 2026

    CVS Beats Malpractice Suit Over Pharmacy Mix-Up

    A California appeals court on Tuesday upheld the dismissal of a suit accusing a CVS pharmacy of negligently giving the wrong prescription medication to a woman, which allegedly caused years of seizures, citing flawed expert testimony from plaintiff's expert.

  • September 22, 2026

    FDA Must Revisit MiMedx Wound Care Powder Classification

    A Georgia federal judge vacated the Food and Drug Administration's classification of biomedical company MiMedx's wound care treatment as a biological product, which carries heightened regulatory requirements, finding the agency's determination was arbitrary because it had classified similar products as devices.

Expert Analysis

  • AG Watch: Ohio AG Joins State Antitrust Enforcement Trend

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    Amid the recent reprioritization in the federal government's competition enforcement agenda, two recent cases provide critical insight into how the Ohio attorney general will proceed in the relatively unprecedented trend of state attorneys general aggressively pursuing antitrust matters, say attorneys at BakerHostetler.

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • Mass. UHC Fraud Suit Signals States' Medicaid FCA Push

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    Massachusetts' recently filed False Claims Act suit alleging UnitedHealthcare misrepresented the health status of enrollees in a Medicaid senior care organization plan it managed pushes forward a new phase of state-level scrutiny of managed care data and Medicaid payment mechanisms, say Li Yu at Bernstein Litowitz, Ellen London at London & Naor and Gwendolyn Stamper at Vogel Slade.

  • The Growing Antitrust Risks Of AI Pricing For Health Insurers

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    Attorneys at Patterson Belknap provide an overview of the increased risk of antitrust enforcement for health insurance companies using algorithmic price models, including in the form of multidistrict private litigation, new state and federal bills, and potential federal enforcement.

  • FDA Draft Guidance Maps Payor Strategy For Psychedelics

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    Recently revised guidance from the U.S. Food and Drug Administration will operationalize a framework permitting drug developers to share product information with insurance companies, giving psychedelic therapeutics developers a road map for building a successful payor infrastructure before approval, says Kimberly Chew at Husch Blackwell.

  • Trade Secret Practice Tips From The 1st Half Of 2026

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    Intellectual property attorneys should consider what several significant developments in 2026 thus far mean for how they protect, litigate and value trade secrets, focusing on new state noncompete bans, cases scrutinizing how plaintiffs identify trade secrets and federal rulings on damages doctrines, say attorneys at Faegre Drinker.

  • Preparing For Next Congress With Eye On Investigation Risk

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    Rod Rosenstein, Brian Whisler and Bruce Linskens at Baker McKenzie offer advice for organizations seeking to build a proactive response plan to potential congressional oversight as the election looms.

  • Opinion

    Denying Emergency Abortion Care Is A Liability Oversight

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    Health systems in states with abortion bans should consider that refusing to provide emergency abortion care carries greater legal risk than the risk of prosecution under post-Dobbs laws for providing treatment, say Kimberly Chernoby at FemInEM and Rachel Rebouché at the University of Texas, Austin School of Law.

  • Carbon Health Settlement Highlights Why Evidence Is Key

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    The California Attorney General's Office's first-of-its-kind settlement with Carbon Health, imposing penalties for alleged corporate practice of medicine violations, shows that friendly professional corporation challenges usually hinge not on the parties' management services agreement, but on whether the operational record matches it, says Ben Dubin at VC Expert Services.

  • How To Brace For A Potential Democratic Oversight Push

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    With the possibility of a shift in congressional control after the November midterm elections, companies and their general counsel should prepare now by mapping oversight exposure, reviewing government interactions, preserving records and developing coordinated communications strategies, say attorneys at Hogan Lovells.

  • Remote Work Rulings Show ADA Fights Hinge On Process

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    Two opposite outcomes in recent Fifth Circuit and D.C. federal court cases underscore that the legality of denying employees' disability accommodation requests for remote work depends less on broad policy and more on how it's applied, says Paul Sweeney at Ice Miller.

  • Series

    Being A Magician Makes Me A Better Lawyer

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    The skills I've developed as a lifelong magician have translated directly into tangible benefits in the courtroom because performing magic and trying cases both live at the intersection of psychology, storytelling, timing and disciplined rehearsal, says Mark Dombroff at Fox Rothschild.

  • How Litigants Are Testing Conversion Therapy Ruling's Scope

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    Litigants are already using the U.S. Supreme Court’s recent Chiles v. Salazar ruling, which applied strict scrutiny to Colorado’s conversion therapy ban, to challenge laws limiting algorithmic rental pricing, artificial intelligence-based discrimination and anti-union employer speech, and courts must soon decide Chiles’ First Amendment limits, say attorneys at O'Melveny.

  • Illinois Audit Law Will Make AI Clauses Actually Enforceable

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    A law recently enacted in Illinois creates a first-in-the-nation requirement for artificial intelligence developers to undergo annual audits, providing objective standards that can be incorporated into private contracts and addressing the problem of defining responsible AI use, says William Tanenbaum at Moses & Singer.

  • How Justices' TPS Ruling Affects Workforce Planning

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    The U.S. Supreme Court’s recent holding in Mullin v. Doe that courts lack jurisdiction to review temporary protected status determinations greenlights the end of TPS for thousands of Syrian and Haitian nationals, and means employers must reevaluate TPS-designees' employability while avoiding discriminatory document practices, says attorney Richard Herman.

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