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Health
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May 14, 2025
J&J Unit's Catheter Policy Stopped Free-Riding, Jury Told
A Johnson & Johnson unit sales director took the stand Wednesday in Innovative Health's antitrust case against its medical technology unit Biosense Webster, defending Biosense's policy cutting off clinical cardiac mapping support to hospitals using third-party reprocessed catheters and explaining that the policy prevented competitors from free-riding on its investments in clinical support training.
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May 14, 2025
Mont. Court Blocks 'Ideological' Transgender Youth Care Ban
A Montana judge on Tuesday struck down a state statute that banned gender-affirming care for minors, holding that the state's interest is "ideological rather than medical" and violates the constitutional rights of transgender youth seeking gender-affirming care and of healthcare professionals who provide it.
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May 14, 2025
Labor Groups Sue HHS Over Workplace Safety Agency Cuts
Unions representing employees in the nursing, education, mining and manufacturing industries on Wednesday sued the U.S. Department of Health and Human Services and Secretary Robert F. Kennedy Jr. in Washington, D.C., federal court over efforts to gut an agency tasked with protecting workers' health and safety.
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May 14, 2025
Integra Brass Face Investor Suit Over FDA Compliance Lapses
Executives and directors of medical device company Integra Lifesciences Inc. were hit with a derivative suit alleging they misled investors about the company's compliance with regulatory standards for over five years, causing share declines when information regarding Integra's violations emerged.
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May 14, 2025
9th Circ. Doubts Wash. Anti-Vaxxers' Stance In Med Board Suit
A Ninth Circuit judge expressed skepticism on Wednesday that the federal appellate court could revive Robert F. Kennedy Jr.'s suit against the Washington Medical Commission for initiating disciplinary proceedings against physicians who publicly aired anti-vaccination views, pointing out that federal courts generally "don't interfere" with ongoing state litigation.
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May 14, 2025
Sage Therapeutics Brass Sued Over Drug Candidate Claims
The top brass of Sage Therapeutics Inc. have been hit with a shareholder derivative suit in New York federal court alleging they misled investors about the safety, efficacy, durability and commercial prospects of three of the company's drug candidates and overstated their likelihood to be approved by the U.S. Food and Drug Administration.
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May 14, 2025
Colo. Justices Leery Of Speaker's Motive In Anti-SLAPP Test
The Colorado Supreme Court on Wednesday pressed a veterinary clinic on its position that courts should consider a speaker's motivations to determine if their comments involve issues of public interest, with some justices wondering if that would create too high a bar to trigger an anti-SLAPP law.
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May 14, 2025
Aetna, Cigna Can't Nix Suit Over Late Emergency Benefit Bills
A Connecticut federal judge ruled Wednesday that Aetna and Cigna can't fully escape a suit from six air ambulance companies claiming the insurers owe $20 million in unpaid or late bills to cover emergency services, ruling they have the legal authority to seek the missing cash.
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May 14, 2025
7th Circ. Partially Revives Pregnancy Bias Suit Against Ill. DHS
A Seventh Circuit panel on Wednesday partially reversed an Illinois federal court's decision giving the Illinois Department of Human Services a win on two former workers' claims of illegal pregnancy-related firings, saying that there are still open factual questions as to one worker.
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May 14, 2025
Houston Midwife Says AG Has No Evidence To Close Clinics
A Houston-area midwife who was arrested earlier this year on a charge of providing an illegal abortion is arguing to a state appellate court that Texas Attorney General Ken Paxton "came nowhere close to meeting the state's burden" in his bid to shut down her clinics.
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May 14, 2025
Fla. High Court Asked If Parents Can Dispute Kids' Abortions
A Florida appellate court on Wednesday upheld a decision denying a 17-year-old to terminate her pregnancy without her father's consent, but certified a question of great public importance on whether parents have due process rights under the state's maturity and best-interest judicial waiver procedures.
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May 14, 2025
Novo Nordisk, Septerna Ink Up To $2.2B Obesity Drug Deal
Denmark's Novo Nordisk said Wednesday it has signed a drug development deal worth up to $2.2 billion with U.S.-based Septerna, part of its continued push to expand treatments for obesity, Type 2 diabetes and related diseases.
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May 14, 2025
Health Co. Founder Pleads Guilty In $5M Fraud Case
A Florida man who operated a health monitoring company geared toward keeping substance-addicted people from relapsing has admitted to bilking investors out of $5 million by misstating interest in the firm, the U.S. attorney's office in Philadelphia said.
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May 14, 2025
Total Vision Reaches Deal Ending VSP Antitrust Case
Optometry practice owner Total Vision has reached an agreement to end its antitrust case accusing eye care insurance giant Vision Service Plan of requiring anticompetitive terms in its contracts before trying to force Total Vision to sell at a dramatically reduced price.
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May 14, 2025
RFK Jr. Defends HHS Cuts, Pledges To 'Spend Smarter'
In his first appearance on Capitol Hill since his confirmation, U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr. on Wednesday characterized a massive reorganization and reductions in workforce as practical moves to optimize the sprawling agency.
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May 14, 2025
Monitor Says Okla. Pot Agency Fired Her For Blowing Whistle
A former contract monitor for the Oklahoma Medical Marijuana Authority is suing the agency, alleging she was wrongly fired and had her file marked "no rehire," preventing her from finding other government work, in retaliation for reporting on a conflict of interest.
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May 13, 2025
Asterisk Doesn't Save CVS In Sanitizer Row, 9th Circ. Told
An attorney for a man suing CVS Pharmacy urged the Ninth Circuit on Tuesday to revive his claims alleging the company misled consumers with a promise its hand sanitizer kills 99.99% of germs, arguing the asterisk on the front label does not clear the company of wrongdoing despite a recent ruling from the circuit that gives significance to that type of asterisk.
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May 13, 2025
Health Co. Elevance Faces Suit Over Post-COVID Costs Claims
Health insurance provider Elevance Health Inc. and some of its executives face a proposed investor class action alleging the company hurt shareholders by mismanaging expectations about its Medicaid business's costs amid the post-pandemic eligibility redetermination process in certain markets it served.
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May 13, 2025
Becton Dickinson Sues Baxter Over Infusion Pump Patents
Becton Dickinson has accused Baxter International of willfully infringing six of its patents for infusion pump technologies used to deliver medications to patients, telling a Delaware federal court that marketing materials for a Baxter infusion pump platform touted several Becton inventions.
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May 13, 2025
Judge Won't Limit Foreign Aid Freeze Injunction
A D.C. federal judge on Tuesday declined to commit to lifting part of a preliminary injunction requiring President Donald Trump's administration to release funding for foreign aid work done before Feb. 13, saying a recent U.S. Supreme Court decision does not change the analysis of his ruling.
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May 13, 2025
4 Firms Seek $5M In $6.75M Seattle Hospital Web Privacy Deal
An unnamed plaintiff is urging a Washington state judge to give final blessing to an up to $6.75 million settlement to end allegations that a Seattle hospital system deployed source code on its website that divulged patients' private health information to Google and Facebook, with class counsel requesting another $5 million in fees.
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May 13, 2025
Planned Parenthood Wants Teen Program Fund Rule Blocked
Planned Parenthood on Monday urged a D.C. federal judge to vacate the U.S. government's "unlawful" requirements to "align" with President Donald Trump's executive orders lest risk losing Teen Pregnancy Prevention Program funding, arguing its facilities will suffer staff cuts and loss of medically accurate, age-appropriate education services absent an injunction.
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May 13, 2025
Watchdog Demands Info In DC Court On Dead ICE Detainees
U.S. Immigration and Customs Enforcement is violating public records laws by refusing to turn over documents related to three people who died in ICE custody at two detention centers in Florida and Arizona, a government watchdog group alleged in a suit filed in D.C. federal court Monday.
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May 13, 2025
UnitedHealth Says Lack Of Contract Sinks Coverage Suit
UnitedHealth entities urged a Michigan federal judge Monday to toss a lawsuit from a medical supply company that alleges the insurer issued a blanket block on its claims, saying the supplier has no written contract to support its breach of contract allegations.
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May 13, 2025
NIH Letters Ending Grants Lack Factual Support, Judge Says
A Massachusetts federal judge said Tuesday that a "blast" of hundreds of virtually identical letters in March canceling National Institutes of Health-funded research projects appeared to offer no factual basis, only unsupported assertions that the projects were unscientific or discriminatory.
Expert Analysis
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Recent Cases Highlight Latest AI-Related Civil Litigation Risks
Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.
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10 Practical Takeaways From FDA's Biopharma AI Guidance
Recent guidance from the U.S. Food and Drug Administration provides much-needed insight on the usage of artificial intelligence in producing information to support regulatory decision-making regarding drug safety, with implications ranging from life cycle maintenance to AI tool acquisition, say attorneys at Covington.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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How Health Cos. Can Navigate Data Security Regulation Limbo
Despite the Trump administration's freeze on proposed updates to the Health Insurance Portability and Accountability Act security rule, there are critical cybersecurity steps healthcare organizations can take now without clear federal guidance, says William Li at Axiom.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Lawmakers Shouldn't Overlook Rare Disease Therapies' Value
As the ORPHAN Cures Act is pending in Congress, policymakers assessing the value of certain drugs for price regulation should consider data beyond what is collected in clinical trials, say Alice Chen at the University of Southern California, and Molly Frean and Yao Lu at Analysis Group.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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What Trump's Order Means For The Legal Status Of IVF
An executive order signed by President Donald Trump last month signals the administration's potential intention to increase protections for in vitro fertilization services, though more concrete actions would be needed to resolve the current uncertainty around IVF access or bring about a binding legal change, says Jeanne Vance at Weintraub Tobin.
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Mitigating Tariff Risks For Healthcare In US And Canada
Healthcare stakeholders should take steps to evaluate the impact of cross-border tariffs, as the historically strong ties between Canada and the U.S. demonstrate the potential for real disruption and harm to the healthcare industry in both countries, say attorneys at Norton Rose.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Bid Protest Spotlight: Prejudice, Injunctions, New Regulations
In this month's bid protest roundup, Markus Speidel at MoFo looks at three recent decisions that consider whether a past performance evaluation needs to show prejudice to be successfully challenged, the prerequisites for injunctive relief and the application of new regulatory requirements to indefinite-delivery, indefinite-quantity contracts.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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What Advisory On Alcohol And Cancer May Mean For Cos.
While the federal government has yet to take concrete steps in response to a January advisory from the outgoing U.S. surgeon general on links between alcohol consumption and cancer, the statement has opened the door to potential regulatory, legislative and litigation challenges for the alcoholic beverage industry, say attorneys at Mayer Brown.
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What's At Stake In High Court Transgender Care Suit
The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.