Health

  • October 05, 2026

    Boston Health Worker Says Firing Followed Fraud Concerns

    A former program director in Boston's health department says he was fired after refusing to enroll new clients until his concerns about fraud in a home visiting program were addressed, according to a lawsuit filed in Massachusetts state court.

  • October 05, 2026

    Verogen Genealogy Website Can't Escape DNA Privacy Suit

    A California federal judge has preserved a proposed class action against the owner-operator of a genetic genealogy website, finding that the plaintiffs sufficiently showed that a technical loophole wrongly let law enforcement circumvent user opt-out privacy settings.

  • October 05, 2026

    Masimo's $634M Apple IP Win Boosted By $184M In Interest

    A California federal judge on Monday ordered Apple Inc. to pay Masimo Corp. $184 million in prejudgment interest on top of a $634 million damages award for infringing a Masimo pulse oximetry patent through an Apple Watch feature, rejecting Apple's contention that such interest was not warranted.

  • October 05, 2026

    9th Circ. Revives Antitrust Suits Against Invisalign

    The Ninth Circuit on Monday reversed Invisalign-maker Align's summary judgment win in two class actions accusing the company of monopolizing the clear teeth aligner market, saying in a published opinion that Align's true reason for ending tech interoperability with a rival is still up for dispute.

  • October 05, 2026

    5th Circ. Hints CMS Medicare Advantage Rule May Violate APA

    A Fifth Circuit panel seemed hesitant to buy an argument that a rule from the Centers for Medicare & Medicaid Services dealing with Medicare Advantage plan overpayments went through proper rulemaking steps, asking Monday if the agency's argument that it can change its rationale "upends" rulemaking procedures.

  • October 05, 2026

    Securities Roundup: 7 Rulings You May Have Missed

    Federal judges from California to New York and several states in between issued a slew of decisions last week that determined the fates of shareholder lawsuits against a major health insurer, a New York bank that nearly failed in 2024 and a diagnostic company accused of hiding its challenges as COVID testing demand ebbed. 

  • October 05, 2026

    5th Circ. Backs Surgical Stapler Death Suit Dismissal

    The Fifth Circuit on Friday upheld a lower court's decision to dismiss a suit against Johnson & Johnson and its medical device subsidiary Ethicon Endo-Surgery Inc. over a surgical stapler implicated in a man's death for failing to provide notice before filing suit.

  • October 05, 2026

    Justices Mull Courts' Authority To Hear Vets' Benefits Suit

    The U.S. Supreme Court on Monday appeared split on whether the Veterans' Judicial Review Act bars federal district courts from presiding over constitutional challenges to statutes affecting veterans' benefits, with justices questioning both sides' interpretation of the law's no-review clause.   

  • October 05, 2026

    Catholic Org. Funding Cut Wasn't About Faith, Mich. Says

    A Catholic charity is improperly attempting to insert a prior religious liberty case over Michigan's foster care policies into current litigation challenging the charity's de-designation as a provider of treatment for substance use disorder, state officials have argued in a brief seeking dismissal.

  • October 05, 2026

    'Shocking' COVID Vaccine Appeal Meets Skeptical 2nd Circ.

    A Second Circuit panel expressed doubt Monday that Yale healthcare workers who resisted the COVID-19 vaccine could blame a private entity for alleged constitutional violations, with one judge saying the appeal is the stuff of pro se filings, and it was "shocking" to see that an attorney had brought it.

  • October 05, 2026

    Inspired Healthcare Gets OK For $713M Sale

    A Texas bankruptcy judge Monday gave Inspired Healthcare the go-ahead to sell 30 of its senior living communities for $713 million after being told objections to how the sale proceeds will be handled will themselves be handled another day.

  • October 05, 2026

    High Court Won't Review Medical Tape Antitrust Case

    The U.S. Supreme Court refused Monday to review a case accusing medical supplies group purchasing giant Vizient Inc. of locking in hospital customers, after the lower courts found a medical tape supplier failed to define a market that Vizient allegedly monopolized.

  • October 05, 2026

    Worker Fired After Flu Vax Rift Can't Get High Court Traction

    The U.S. Supreme Court refused Monday to hear a Black former health system employee's challenge to the dismissal of her suit alleging that racism, as opposed to noncompliance with the company's flu vaccine requirement, got her fired.

  • October 05, 2026

    Chancery Allows Discovery In Boehringer Trade Secrets Fight

    The Delaware Chancery Court Monday allowed Boehringer Ingelheim Pharmaceuticals Inc. to move ahead with discovery in its trade secrets fight against United Therapeutics Corp., but rejected the drugmaker's request for a rapid-fire forensic discovery schedule, finding Boehringer waited too long to justify that level of emergency relief.

  • October 05, 2026

    Groups Ask DC Circ. To Revive CMS Hemp Program Case

    A coalition of interests challenging a Centers for Medicare & Medicaid Services program to provide patients access to federally legal hemp products told the D.C. Circuit on Monday that a lower court was wrong to dismiss their petition.

  • October 05, 2026

    1st Circ. Doubts Harvard Grant Fight Belongs In Claims Court

    The First Circuit Monday appeared skeptical that a lower court erred in backing Harvard University in a suit over the Trump administration's bid to freeze more than $2 billion in grant funding, suggesting that the case had been decided in the proper venue.

  • October 05, 2026

    Drug Discounter's $48M Arbitration Award Tossed For Fraud

    A Florida federal judge vacated a $48 million arbitration award won by a drug discounter for unpaid commissions for pharmacy claims under an agreement with an Illinois-based pharmacy benefit company, finding the award had been procured by fraud.

  • October 05, 2026

    Justices Want SG's View On 3 Antitrust Cases

    The U.S. Supreme Court on Monday called for the solicitor general's view in antitrust cases involving hard drive component prices, allergy testing and treatment, and insulin products sold through a drug discount program.

  • October 05, 2026

    Feds Aim To Improve Health Cost Clarity With Final Reg

    The federal government unveiled a final rule Monday intended to make it easier to understand healthcare pricing information that President Donald Trump's first administration required private-sector healthcare plans to disclose, a move that agencies said was needed because previous regulations triggered a deluge of data.

  • October 05, 2026

    Justices Won't Review Pregnancy Center Vandalism Case

    The U.S. Supreme Court on Monday said it will not review the conviction of a Florida woman for conspiring to violate a federal statute that prohibits intimidation and obstruction of people trying to access reproductive health facilities.

  • October 05, 2026

    High Court Won't Hear Chicago Workers' Vaccine Appeal

    The U.S. Supreme Court again refused Monday to weigh in on a challenge to COVID-19 vaccine and testing requirements for Chicago city workers, declining to take up the case after the Seventh Circuit refused to revive their lawsuit in December.

  • October 05, 2026

    Justices Pass On Challenge To New York Diet Pill Law

    The U.S. Supreme Court won't take up a First Amendment challenge to a New York prohibition on the sale of weight-loss and muscle-building supplements to minors.

  • October 05, 2026

    Justices Won't Hear Minn. Indian Child Welfare Act Case

    The U.S. Supreme Court declined Monday to hear two foster parents' challenge to the Indian Child Welfare Act after the Minnesota Supreme Court determined they don't have standing to take on the bedrock law on claims of constitutional equal protection rights.

  • October 05, 2026

    Supreme Court Won't Take Up DOD Workers' Vax Bias Suit

    The U.S. Supreme Court refused Monday to review a suit alleging the U.S. Department of Defense unlawfully refused religious requests for exemptions from COVID-19 prevention protocols, leaving in place a Fifth Circuit ruling that workers hadn't tied their beliefs to masking and testing policies.

  • October 05, 2026

    Justices Reject Deportation Risk Advice Case

    The U.S. Supreme Court said Monday it won't examine the issue of whether defense counsel is obligated to inform noncitizen clients in criminal proceedings about the risk of deportation present in all related legal matters, including civil cases. 

Expert Analysis

  • Abbott FCA Deal Shows Enforcement Adequacy Quandaries

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    Abbott Laboratories’ recent False Claims Act resolution illustrates several tricky questions that both prosecutors and defense counsel must address when weighing whether a civil enforcement action alone adequately addresses allegedly wrongful conduct, says James Koukios at MoFo.

  • New DNA Screening Standard Has No Clear Playbook

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    Although the government has not yet released promised guidance intended to support its new standards for screening mail-order DNA, companies should not read this as a reprieve from the Oct. 13 compliance deadline because the delay shifts enforcement risk to statutes that need no new authority, including false statements, the False Claims Act and fraud, says Ashwin Ram at Buchalter.

  • Texas Medicaid Fraud Decision Leaves 2 Open Questions

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    The Texas Supreme Court's decision in Laboratory Corp. of America Holdings v. Texas and NPT Associates, holding that the Texas Medicaid Fraud Prevention Act's omissions provision requires proof of materiality, creates ambiguity about the materiality requirement and about how Texas courts will treat federal precedent going forward, say attorneys at Sidley.

  • Testing AI's Promise For Large-Scale Document Review

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    Our document-review comparison of attorneys' responsiveness and issue coding decisions versus predictions generated by artificial intelligence across 1,600 documents suggests that these tools can offer a reasonable and reliable basis for improved discovery workflows, provided lawyers understand where guardrails are needed, say attorneys at Redgrave.

  • 3rd Circ. Ruling Shows ADA Limits Amid Worker Misconduct

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    In Hileman v. West Penn Allegheny Health System, the Third Circuit recently rejected a wrongful termination claim under the Americans with Disabilities Act, illustrating that disability and leave laws don't automatically insulate employees from the consequences of prior workplace misconduct, say attorneys at Bond Schoeneck.

  • Navigating A Key Inflection Point In Biosimilar Sector M&A

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    As biosimilar mergers and acquisitions gain notice amid U.S. Food and Drug Administration reforms, a maturing patent framework and a looming patent cliff, companies diversifying into the higher-growth biologics space should align their regulatory, intellectual property and transactional strategies, say attorneys at Skadden.

  • AI Meeting Recaps Pose New Discovery And Privilege Risks

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    The New York City Bar Association’s recent ethics opinion, cautioning attorneys not to record nonclient conversations with artificial intelligence tools, reflects an emerging view that AI meeting recaps are now a distinct business record category, meaning counsel should set meeting-level controls and apply framework-level updates, says William Wright at Faegre Drinker.

  • Preparing For Broader Calif. Rules On PE Healthcare Deals

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    California's recent emergency regulations implementing expanded healthcare transaction review requirements, such as for private equity and hedge funds, represent a notable expansion of state oversight, including enhanced disclosures, wider definitions and new advance notice requirements, say attorneys at Simpson Thacher.

  • DOJ Policy Creates New Defense For Physicians, Health Cos.

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    The U.S. Department of Justice's recently revised enforcement policy governing agency guidance makes clear that Medicare guidance is not the law, potentially giving healthcare organizations a stronger basis to challenge certain enforcement theories, says Jose Vela at Clark Hill.

  • $95M Nev. Case Provides Clues On Wound Care Enforcement

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    Federal prosecutors’ recent U.S. v. Dubin indictment, charging a Nevada physician with healthcare fraud over an alleged $95 million Medicare billing scheme involving amniotic wound allografts, provides a clearer picture of an increasingly data-driven enforcement strategy that follows the entire wound care transaction, say attorneys at Bass Berry.

  • 8th Circ. Ruling Raises Bar For Seeking Disability Benefits

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    The Eighth Circuit's recent ruling in Post v. Bisignano signals that claimants seeking Social Security disability benefits may need to offer convincing proof of functional restrictions beyond their treating doctors' opinions and illustrates that the court's proclaimant jurisprudence no longer prevails, says Mark DeBofsky at DeBofsky Law.

  • FCA Ruling May Open Door To Redacting Defendants' Names

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    A recent Florida federal court decision may signal a shift from the long-prevailing view that False Claims Act defendants' identities must always be revealed when qui tam actions are unsealed, potentially providing important protection for healthcare fraud defendants who may face career consequences from unproven allegations, say attorneys at Holland & Knight.

  • 4 Tips On Expert Gatekeeping From J&J Talc Deal

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    Johnson & Johnson's successful campaign to exclude plaintiff-side oncologist testimony about whether its talcum powder caused ovarian cancer, which prompted the recent resolution of 70,000 claims, offers lessons on how product liability defendants can reshape risk calculation by rigorously applying expert admissibility rules, say attorneys at Hollingsworth.

  • Series

    Playing Bid Whist Makes Me A Better Lawyer

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    As a child, I viewed bid whist as a family tradition and a source of friendly card game competition, but as a lawyer, I see it as a tool that has helped me cultivate skills like communication, teamwork, risk assessment and composure, says Keyonn Pope at Riley Safer.

  • Teva, Wyeth Show How Claimed Advances Shape Enablement

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    Two recent Federal Circuit decisions involving method-of-treatment claims — Teva v. Eli Lilly and Wyeth v. AstraZeneca — reached opposite enablement outcomes from strikingly similar procedural postures, but a closer comparison of the cases reveals a three-step framework for understanding the court's reasoning, says Kendall Gurule at Polsinelli.

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