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Health
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May 21, 2025
Court Won't Revive Mental Health Class Suit Against Fla. Blue
A Florida appeals court Wednesday declined to revive a proposed class suit by state employees enrolled in a Blue Cross and Blue Shield of Florida healthcare plan alleging the insurer designed a claims process to obstruct approval and payment of claims for mental health care.
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May 21, 2025
Rite Aid Cleared To Sell Pharmacy Assets To CVS, Others
A New Jersey bankruptcy judge Wednesday gave drugstore chain Rite Aid the go-ahead to transfer millions of prescriptions and dozens of stores to CVS, Walgreens and other pharmacy businesses in Chapter 11 transactions.
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May 21, 2025
Device Maker Who Evaded Tax Gets 2 Years In Prison
A Florida man who sold millions of dollars worth of medical devices that federal prosecutors said were unproven to work was sentenced to two years in prison for evading taxes and ordered to pay $2.3 million in restitution to the Internal Revenue Service.
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May 21, 2025
Walgreens Ducks False Ad Suit Over Mucus Relief Meds
An Illinois federal judge on Tuesday dismissed a potential class action accusing Walgreens of misleading customers by selling them over-the-counter mucus relief medicine containing benzene without warning them of that risk, saying the claims are preempted by a federal drug safety law.
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May 21, 2025
Food Distribution Co. Must Face Tobacco Surcharge Suit
Food distributor Performance Food Group must face a proposed class action claiming it unlawfully overcharged tobacco users hundreds of dollars for health benefits, with a Virginia federal judge ruling workers sufficiently alleged the company breached its responsibilities under federal benefits law.
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May 21, 2025
11th Circ. Lets Man Seek Rare Writ To Fight $21M Restitution
A former payroll director serving time for defrauding hospitals in an employment tax scheme can challenge his $21 million restitution by pursuing a rare legal remedy, the Eleventh Circuit ruled, saying the fact that he's in custody doesn't make him ineligible to apply.
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May 20, 2025
Trump Admin Rationale For HHS Firings Challenged By Judge
A Rhode Island federal judge expressed skepticism Tuesday about the Trump administration's assertion that mass firings at the U.S. Department of Health and Human Services were lawful and intended to improve national health, saying during a preliminary injunction hearing that nothing in the record demonstrates "thoughtful work" behind these decisions.
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May 20, 2025
Flo Users Get Class Cert. In Google, Meta Data-Sharing Suit
A California federal judge has granted class status to users of the menstrual cycle tracking app developed by Flo Health Inc. in a suit accusing the company of unlawfully sharing their personal health information with Google and Meta, finding that the defendants' opposition to this move lacked clarity and support.
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May 20, 2025
Subpoena For Alleged Trans Care Must Stand, Texas Says
A Texas appeals court on Tuesday pressed the state to explain why the principle of sovereign immunity should stop patients who potentially received gender affirming care from trying to block a subpoena, saying during oral arguments a challenge to a subpoena seems to fall outside sovereign immunity.
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May 20, 2025
Cancer Drug Co. Beats Investor Suit Over FDA Rejection
Cancer drug company Checkpoint Therapeutics Inc. has permanently escaped a shareholder suit alleging it understated the likelihood the U.S. Food and Drug Administration would refuse approving Checkpoint's lead product candidate, with a New York federal judge ruling company statements were not shown to be false or made with scienter.
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May 20, 2025
Medical Organizations Sue Feds For Removing Health Data
The U.S. Department of Health and Human Services and several constituent agencies are accused of violating the Administrative Procedure Act by illegally purging websites containing critical public health information related to trans and HIV care, vaccines and the prevention of outbreaks of communicable diseases, according to a lawsuit filed Tuesday in Washington federal court.
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May 20, 2025
Medical Supply Co. Faces Ga. Suit Over Unwanted Texts
A Florida-based medical supply company has been hit with a proposed Telephone Consumer Protection Act class action in Georgia federal court by a man who says he received several promotional text messages from the company after he added himself to the National Do Not Call Registry.
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May 20, 2025
Ga. Panel Says Affidavit Won't Sink Couple's Surgery Suit
The Georgia Court of Appeals rejected Southern Regional Medical Center and one of its nurses' arguments that a trial court should have tossed a married couple's lawsuit over injuries stemming from a hysterectomy over their failure to attach a required affidavit to their complaint.
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May 20, 2025
4th Circ. Won't Revive Md. Retirees' Drug Benefits Case
The Fourth Circuit backed Maryland's defeat of a proposed class action alleging it broke promises made to retirees when it transitioned their prescription drug benefits to Medicare Part D, saying Tuesday that a lower court was right to toss the case.
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May 20, 2025
J&J Workers Reassert Drug Costs Resulted In Concrete Harm
Johnson & Johnson workers are urging a New Jersey federal court to maintain their proposed class claims that the company botched the management of prescription drug costs in its employee healthcare plan by allowing excessive pharmacy costs, asserting that company mismanagement resulted in concrete harm.
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May 20, 2025
Ill. Panel OKs $2.8M Foot Surgery Award, But Questions Bond
An Illinois jury's $2.8 million verdict against a podiatrist accused of botching two foot surgeries should stand, but the trial court should reconsider a higher appeal bond if the defendants decide to pursue further review, a state appellate panel said Monday.
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May 20, 2025
Health Clinics Say Fake Trash Fee Scheme Cost Them Millions
Republic Services Inc. got hit with a proposed class action by health clinics in Michigan and Ohio that claim the waste disposal company breached its contracts with them by charging "tens of millions" in excess fees without any legal justification.
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May 20, 2025
Red Cross Seeks Clarity On Deposition Order In Vax Bias Case
The American Red Cross asked a Michigan federal judge on Monday to clarify that an April ruling allows the organization to depose the husband of a Christian nurse alleging she was fired for not getting the COVID-19 vaccine, saying the worker's attorneys refused to make him available.
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May 20, 2025
Nursing Homes Facing 'Corporate Death Penalty' Owe $15.4M
The companies behind two Pittsburgh-area nursing homes convicted of falsifying staffing records were ordered Tuesday to pay a total of $15.35 million in restitution to the federal government, though the corporations' attorney told the judge that they had already received a "corporate death penalty" for their conviction.
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May 20, 2025
Doctor's Disability Bias Claim Too Late, Mass. Court Says
A former Brigham and Women's Hospital anesthesiologist and Harvard Medical School faculty member is time-barred from pursuing disability bias claims for actions by the hospital that he was aware of as early as 2006, an intermediate Massachusetts appellate court has concluded.
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May 20, 2025
Worker Says Health System Must Face Time Rounding Suit
An Ohio county health system should face a proposed collective action accusing it of illegally rounding down workers' time in efforts to short them on wages, a medical assistant said, telling a federal judge she put forward enough detail to back up her claims.
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May 19, 2025
Pa. Nursing Home Gets $2.7M Punitive Damages Award Axed
A Pennsylvania appellate panel on Monday vacated a jury's $2.7 million punitive damages award in a suit accusing a nursing home of negligently causing a resident's fractured hip, saying plaintiff's counsel was too late in alleging the home acted recklessly in caring for the resident.
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May 19, 2025
4th Circ. Partially Revives Eye Drop Maker's IP Theft Suit
A Fourth Circuit panel partially revived Monday eye drop maker OSRX Inc.'s trade secret theft lawsuit against a former sales executive who is accused of defecting to rival ImprimisRx with OSRX's confidential information, affirming the lower court's decision to send claims against the ex-executive to arbitration, but rebooting allegations against ImprimisRx.
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May 19, 2025
Ex-CTA Worker Can Take Vaccine Bias Claim To Trial
An ex-Chicago Transit Authority employee fired after refusing COVID-19 vaccination can take his religious discrimination claim to a jury this summer after an Illinois federal judge grilled the agency Monday on its assertion that the plaintiff didn't seek an exemption for sincerely held religious beliefs and rejected its argument that he was "cherry-picking" Catholic doctrine.
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May 19, 2025
Feds Get Early Win In Drugmakers' Suit Over 340B Rebates
A D.C. federal judge awarded an early win to the U.S. Department of Health and Human Services on Friday on claims it illegally blocked drugmakers' efforts to implement rebates instead of discounts in a decades-old drug pricing program, finding the agency has the authority to pre-approve the price reduction models.
Expert Analysis
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Health Tech Regulatory Trends To Watch In 2025
With an upcoming change in administration and the release of some long-awaited rules, the healthcare industry should prepare for shifting trends, including a growing focus on health data and interest in technology-enabled delivery of healthcare, say attorneys at Orrick.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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Reviewing 2024's Crucial Patent Law Developments
As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.
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10 Noteworthy CFPB Developments From 2024
In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Why Letters Of Protection Are Discoverable In Texas PI Suits
Recent Texas Supreme Court opinions and key provisions of the Texas Rules of Civil Procedure make letters of protection, in which plaintiff attorneys promise payment to healthcare providers based on jury awards, discoverable — good news for defendants fighting exorbitant damage claims in personal injury cases, says Nathan Vrazel at Munsch Hardt.
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Data Privacy Landscape After Mass. Justices' Wiretap Ruling
In Vita v. New England Baptist Hospital, Massachusetts’ highest court recently ruled that the state’s wiretap law doesn’t prohibit all tracking of website user activity, but major financial and reputational risks remain for businesses that aren't transparent about customer’s web data, says Seth Berman at Nutter.
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The Future Of GLP-1 Policy After Drug Shortage Ends
If and when the U.S. Food and Drug Administration determines that GLP-1 RA drugs are no longer in short supply, regulators will face questions of how to balance access to GLP-1 RAs with statutory and policy considerations applicable to compounded drugs, say attorneys at Skadden.
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Top 10 Whistleblowing And Retaliation Events Of 2024
From a Florida federal court’s ruling that the False Claims Act’s qui tam provision is unconstitutional to a record-breaking number of whistleblower tips filed with the U.S. Commodity Futures Trading Commission, employers saw significant developments in the federal and state whistleblower landscapes this year, say attorneys at Proskauer.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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2024 IPO Market Trends, And What To Expect Next Year
The initial public offering market returned to historically typical levels on a deal count basis in 2024 but continued to lag based on proceeds raised due to a larger number of smaller IPOs this year, and signs point to continued ongoing momentum in the next year, say attorneys at Paul Hastings.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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How Trump's Tariff Promises May Play Out In 2nd Term
While it is unclear which of President-elect Donald Trump's promised tariffs he intends to actually implement in January, lessons from his first administration, laws governing executive action and U.S. trade agreements together paint a picture of what may be possible, say attorneys at Butzel.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.