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Health
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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.
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May 19, 2025
NC Doctors Can't Block Pay Changes Amid Legal Challenge
A group of anesthesiologists can't stop their governing board from imposing changes to their compensation while they sue for breach of contract, a state business court judge ruled Monday, finding the doctors have other ways of obtaining relief that negate the need for an injunction.
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May 19, 2025
Twins' Doc Not Liable For Ball Player's Death, Fla. Court Told
A Minnesota Twins physician told a Florida state court Monday that he can't be sued for negligence over the death of a minor league player he treated during spring training, arguing that Minnesota employment law shields him from liability even when treating players outside the state.
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May 19, 2025
Conn. Con Man Admits To New $1.9M Medicaid Scam
A Connecticut man has admitted to a federal charge in connection with a Medicaid scam he ran with a now-former state employee that netted nearly $1.9 million, federal prosecutors said, noting that some of the criminal activity took place while he was in prison for a different healthcare ripoff.
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May 19, 2025
9th Circ. Backs Family's Win In Suit Over Denied Benefits
The Ninth Circuit declined to upend a guild member's win in his lawsuit challenging his healthcare plan's decision to deny coverage for his son's mental health treatments, but said a lower court was wrong to award the family additional damages on their breach of fiduciary duty claim.
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May 19, 2025
Doc Loses 4th Circ. Fight Over $5.5M Order After FCA Deal
A North Carolina district court was right to reject a doctor and his wife's request to overturn or modify a $5.5 million judgment against them for allegedly hiding assets after settling a previous False Claims Act case with the government, the Fourth Circuit ruled Monday.
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May 19, 2025
BCLP Hires Career Crowell Commercial Atty In DC, Arizona
Bryan Cave Leighton Paisner LLP has hired a former Crowell & Moring LLP commercial litigator who will split time between the firm's Phoenix and Washington, D.C., offices, and will bring his practice representing companies in high stakes healthcare and antitrust matters to the firm, according to a Monday announcement.
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May 19, 2025
Covington Corporate M&A Atty Moves To Clifford Chance
Clifford Chance LLP has hired a Covington & Burling LLP partner for its U.S. corporate mergers and acquisitions practice to strengthen its capabilities in the healthcare and life sciences sector, the firm said Monday.
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May 19, 2025
Legalizers Wary Of Neb. Gov.'s Picks To Oversee Medical Pot
Nebraska's governor has announced appointments to lead the state's new voter-approved medical marijuana program, but the campaign behind the legalization effort criticized the picks as an insincere effort to implement a law that state leaders have opposed.
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May 16, 2025
IPO Pipeline Restarts As Tariff-Related Volatility Eases
Initial public offerings are showing life again after a tariff-induced slumber, buoyed by strong debuts and a growing pipeline as more venture-backed technology startups are lining up public listings before Memorial Day and into June.
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May 16, 2025
J&J Unit Hit With $147M Verdict In Catheter Antitrust Suit
A California federal jury found Friday that Johnson & Johnson's medical technology unit Biosense Webster violated federal and state antitrust laws by withholding clinical support to hospitals using third-party reprocessed catheters, awarding plaintiff Innovative Health more than $147 million in damages.
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May 16, 2025
Fla. Gov. Says He Will Veto Bill To Expand Death Damages
Florida Gov. Ron DeSantis has said he will veto a bill recently passed by Florida lawmakers to repeal a statute limiting pain-and-suffering damages in fatal medical malpractice cases, saying a veto will prevent a flood of lawsuits against healthcare providers.
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May 16, 2025
Biotech Co. Hit With Investor Suits Over Cancer Drug Launch
Cancer treatment company Iovance Biotherapeutics has been hit with two proposed shareholder class actions accusing the company of misleading the public about the success of its commercial rollout of an FDA-approved skin cancer treatment.
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.