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October 02, 2025
Veteran Services Co. Must Face Chancery Self-Dealing Claims
A Delaware Chancery judge refused to dismiss fiduciary duty claims against a veterans services company's top executives, ruling that a shareholder who sued over the company's 2023 merger into a limited liability company adequately alleged that it may have been structured to shield its leaders from accountability.
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October 02, 2025
NC Court Rejects McGuireWoods' Immunity In Defamation Suit
A North Carolina appellate court dismissed an interlocutory appeal by McGuireWoods and a former partner in a defamation case over statements about an investigation into the onetime CEO of a managed care organization during a press conference, reiterating its opinion that the statements were "too far afield" to be considered part of a judicial proceeding.
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October 02, 2025
Feds Eye Partial Pretrial Ruling In Regeneron FCA Case
The government has urged a Massachusetts federal judge to rule that Regeneron Pharmaceuticals "naturally or foreseeably" caused providers to present false claims for its macular degeneration drug Eylea, arguing that it does not need to prove the tougher "but-for causation" standard for its theory of false certification.
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October 02, 2025
NC Chief Judge Scolds Medical Supply Co.'s 'Rude' Demand
A North Carolina federal judge on Wednesday threw out a medical supply company's suit over COVID-19 test kit profits based on the Chinese citizenship of one party, adding that the plaintiff's impatience with the court amid a judge shortage was "rude."
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October 02, 2025
Colo. Healthcare Nonprofit Sues Gov. Over Medicaid Cuts
A Colorado healthcare nonprofit seeks a court order to reverse a recent executive order from Gov. Jared Polis which cut state Medicaid spending to pediatric behavioral therapy and autism therapy services.
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October 02, 2025
AstraZeneca Asks Judge To Block Colorado's 340B Drug Law
AstraZeneca urged a Colorado federal judge on Wednesday to block the enforcement of a recently enacted state law that aims to extend a federal drug discount program to certain pharmacies, saying the Colorado law is costly for manufacturers and preempted by federal law.
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October 02, 2025
Fed. Circ. Affirms Cutting $10M Med Device IP Verdict To $1
The Federal Circuit on Thursday said a lower court had properly reduced to $1 what had been a $10 million patent infringement verdict against Intuitive Surgical Inc., saying any amount between the two figures "would require improper guesswork," given the lack of evidence on damages.
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October 02, 2025
Ill. Panel Backs Whistleblower's $3.5M Retaliation Verdict
An Illinois appellate panel on Wednesday affirmed a $3.5 million verdict for a man who claimed he was unlawfully fired from a southern Illinois hospital system for reporting Medicare and Medicaid fraud and abuse, saying jurors saw evidence he and others faced retaliation when they "called attention to what they believed to be unlawful conduct."
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October 02, 2025
Ill. Panel Rejects Challenge To Abortion Coverage Mandate
Illinois' mandate that health policies issued in the state cover abortion care does not violate an Illinois religious freedom law, a state appeals court ruled, rejecting a Baptist organization's claims that the mandate "substantially burdened" its religious beliefs per the Illinois Religious Freedom Restoration Act.
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October 02, 2025
Mass. Court Denies States' Bid To Block ACA Subsidy Cuts
A Massachusetts federal court has rejected a bid by a coalition of 21 states to stay implementation of a rule that will cut Affordable Care Act subsidies and enforce enrollment restrictions, saying the states hadn't shown imminent or irreparable harm from the policy's costs or possible coverage losses.
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October 02, 2025
Healthcare AI Co. Says Biz Partner Holding IP 'Hostage'
A company creating artificial intelligence-powered tools meant for skin image analysis has alleged in Massachusetts federal court that another firm it entered into a business deal with was holding data and intellectual property "hostage" after its CEO ordered his staff to cease a planned data migration.
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October 02, 2025
Many Cos. Not Ready For National Security Risks, Report Says
At least a third of U.S. companies aren't fully prepared to address key national security compliance risks they face, and the C-suite often isn't aligned with its in-house counsel as to who is primarily responsible for those efforts, according to a new survey from Eversheds Sutherland.
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October 02, 2025
Justices To Hear Clash Over State Med Mal Laws In Fed. Court
The U.S. Supreme Court is scheduled to hear oral arguments Monday on whether a Delaware medical malpractice statute can be applied in federal court, in a case that is expected to offer legal guidelines for similar laws in 28 other states.
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October 02, 2025
Ex-Firm Can't Revive Malicious Prosecution Suit In 11th Circ.
The Eleventh Circuit has refused to overturn lower court rulings nixing a malicious prosecution lawsuit brought by a now-defunct law firm against a surgical center, as well as a sanctions ruling against the firm's counsel.
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October 02, 2025
Singaporean Biotech To Go Public Via $1.5B SPAC Merger
Singapore-based biotechnology company Nanyang Biologics Pte. Ltd. on Thursday announced plans to go public in the U.S. by merging with special purpose acquisition company RF Acquisition Corp. II in a deal that gives the biotech a pre-transaction equity value of $1.5 billion.
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October 02, 2025
Agency Ex-Exec Says He Was Misled About CEO Agreement
A former executive at a company providing assistance to people with intellectual disabilities and autism claimed in a lawsuit that he was misled over whether he was officially promoted, even as the company held him out to state regulators and banks as the chief executive officer.
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October 02, 2025
UChicago Medicine Ducks Class Claims In Patient Privacy Suit
A UChicago Medicine patient can move forward with amended privacy violation claims over the medical center's allegedly illegal use of Meta pixel tracking tools but must leave her class allegations behind, given an agreement she entered between pleadings, an Illinois federal judge ruled.
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October 02, 2025
Cravath, Kirkland Lead Berkshire's $9.7B OxyChem Buy
Warren Buffett's Berkshire Hathaway is set to acquire energy giant Occidental's chemical business, OxyChem, in a $9.7 billion all-cash megadeal built by Cravath Swaine & Moore LLP and Kirkland & Ellis LLP.
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October 01, 2025
Pa. Court Affirms 53-Year Sentence In Baby's Drug Death
A woman sentenced to up to 53 years in prison for the fentanyl-related murder of her newborn was rightfully convicted, the Pennsylvania Superior Court said Wednesday, finding that via her breast milk or by other means she undoubtedly contributed to her child's demise because drugs were all over her home.
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October 01, 2025
Eli Lilly's Drug Suit Slammed As 'Anti-Competitive' Move
Eli Lilly and Co.'s lawsuit accusing a compounding pharmacy of unlawfully selling untested weight loss drugs should be tossed because the drugmaker didn't show its advertising was deceptive or harmful, the defendant told a Texas federal court this week.
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October 01, 2025
Ga. Panel Revives Injury Suit Alleging IV Mixup Against Emory
The Georgia Court of Appeals on Wednesday revived a woman's lawsuit against a group of registered nurses and Emory Healthcare Inc., in which she alleged her left hand had to be amputated after she was given medication through an IV line there instead of a larger vein.
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October 01, 2025
Medtronic Knocks Out Investor Suit Over Insulin Pump Issues
Medical device manufacturer Medtronic PLC has escaped proposed investor class action claims it concealed issues affecting a certain insulin pump it makes, hurting investors after its trading prices fell when the company disclosed it had received a related warning letter from the U.S. Food and Drug Administration.
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October 01, 2025
DHS Accused Of Illegal Data Use In Voter Purge Lawsuit
The League of Women Voters and a group of naturalized U.S. citizens are suing to stop the Trump administration's pooling of immigrant personal data across federal agencies into centralized databases at the U.S. Department of Homeland Security, saying states are using the "unreliable" systems to purge voter rolls.
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October 01, 2025
Texas Judge Sends Mifepristone Challenge To Missouri Court
A closely watched challenge to federal approvals for the abortion medication mifepristone is moving from Texas to Missouri after a federal judge found the plaintiffs remaining in the litigation have no connection to the Lone Star State.
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October 01, 2025
Trans Athlete Fights To Halt High Court Review Of Idaho Ban
Lindsay Hecox told the U.S. Supreme Court on Tuesday her case challenging an Idaho state law banning transgender athletes such as herself is now moot because she has dropped her litigation, providing "no basis" to proceed with a review, contrary to the state's arguments saying otherwise.
Expert Analysis
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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FDA's Hasty Policymaking Approach Faces APA Challenges
Though the U.S. Food and Drug Administration has abandoned its usual notice-and-comment process for implementing new regulatory initiatives, two recent district court decisions make clear that these programs are still susceptible to Administrative Procedure Act challenges, says Rachel Turow at Skadden.
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Legal Considerations Around Ibogaine As Addiction Therapy
Recent funding approval in Texas pertaining to the use of ibogaine for the potential treatment of substance use disorders signals a growing openness to innovative addiction treatments, but also underscores the need for rigorous compliance with state and federal requirements and ethical research standards, say attorneys at Husch Blackwell.
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The Metamorphosis Of The Major Questions Doctrine
The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.
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A Rapidly Evolving Landscape For Noncompetes In Healthcare
A wave of new state laws regulating noncompete agreements in the healthcare sector, varying in scope, approach and enforceability, are shaped by several factors unique to the industry and are likely to distort the market, say attorneys at Seyfarth.
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Arguing The 8th Amendment For Reduction In FCA Penalties
While False Claims Act decisions lack consistency in how high the judgment-to-damages ratio in such cases can be before it becomes unconstitutional, defense counsel should cite the Eighth Amendment's excessive fines clause in pre-trial settlement negotiations, and seek penalty decreases in post-judgment motions and on appeal, says Scott Grubman at Chilivis Grubman.
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9th Circ. Decisions Help Clarify Scope Of Legal Lab Marketing
Two Ninth Circuit decisions last week provide a welcome development in clarifying the line between laboratories' legal marketing efforts and undue influence that violates the Eliminating Kickbacks in Recovery Act, and offer useful guidance for labs seeking to mitigate enforcement risk, says Joshua Robbins at Buchalter.
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$95M Caremark Verdict Should Put PBMs On Notice
A Pennsylvania federal judge’s recent ruling that pharmacy benefits manager CVS Caremark owes the government $95 million for overbilling Medicare Part D-sponsored drugs highlights the effectiveness of the False Claims Act, as scrutiny of PBMs’ outsized role in setting drug prices continues to increase, say attorneys at Duane Morris.
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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DOJ Actions Signal Rising Enforcement Risk For Health Cos.
The U.S. Department of Justice's announcement of a new False Claims Act working group, together with the largest healthcare fraud takedown in history, underscore the importance of sophisticated compliance programs that align with the DOJ's data-driven approach, say attorneys at Debevoise.
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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How McKesson Ruling Will Inform Interpretations Of The TCPA
Amid the U.S. Supreme Court's ruling in McLaughlin Chiropractic Associates v. McKesson, we can expect to see both plaintiffs and defendants utilizing the decision to revisit the Federal Communications Commission's past Telephone Consumer Protection Act interpretations and decisions they did not like, says Jason McElroy at Saul Ewing.
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A Look At Florida's New Protected Series LLC Legislation
A new law in Florida enhances the flexibility of using limited liability companies as the entities of choice for most privately held businesses, moving Florida into a small group of states with reliable uniform protected series legislation for series LLCs, says Louis Conti at Holland & Knight.