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Health
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September 05, 2025
Merck Shakes Off Some Claims From Cholesterol Drugs Suit
A New Jersey federal judge has partly granted a request from Merck & Co. to dismiss claims brought by Humana over an alleged anticompetitive scheme to control distribution of cholesterol drugs Zetia and Vytorin, tossing several proposed theories of monopolization but allowing unjust enrichment claims and state law antitrust claims to survive.
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September 05, 2025
HCA Healthcare Can't Halt Discovery In 401(k) Forfeiture Suit
A Tennessee federal judge denied HCA Healthcare's bid Friday to stop discovery while the court considers its motion to toss a worker's suit claiming it illegally used forfeited 401(k) funds to cover its own contribution costs, finding the alleged novelty of her claims can't block case information collection.
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September 05, 2025
Vein Tech Maker Wants Suit Over DOJ Kickback Probe Tossed
Vein disease device maker Inari Medical Inc. and its former top brass have asked a New York federal judge to toss a proposed investor class action over claims the company's share price fell after it disclosed an investigation into its compliance with federal anti-kickback laws, arguing the suit fails to allege any specific kickbacks or false statements.
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September 05, 2025
FDA Explains Rejection Of MDMA Therapy For Treating PTSD
The U.S. Food and Drug Administration rejected a historic new drug application to treat post-traumatic stress disorder with the psychedelic MDMA due to concerns with the drug's safety and effectiveness and with the design of the clinical trials behind the bid, according to an agency letter made public Thursday.
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September 05, 2025
Casper Can't Escape Innovator-Liability Drug Label Suit
A California federal judge won't let Casper Pharma LLC escape an innovator-liability suit alleging that its failure to provide adequate warnings on its gout treatment led to the death of a man who used its generic version.
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September 05, 2025
Ga. Ban On Trans Prisoner Healthcare Paused, Class Certified
A Georgia federal judge has reached what he described as a "straightforward" decision to temporarily pause the state's law banning the use of state resources for hormone replacement therapies for transgender state prisoners, and is considering granting the plaintiffs' request for permanent injunctive relief.
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September 05, 2025
Integra Wound Dressing Disfigured Woman's Foot, Suit Says
Integra Lifesciences Corp. is facing a lawsuit in North Carolina federal court alleging the medical device and technology company's recalled wound dressing was defective and ultimately caused a kidney infection in a woman that required multiple surgeries.
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September 05, 2025
6th Circ. Finds Boss' Pregnancy Remark Supports Bias Claim
A split Sixth Circuit panel revived part of a lawsuit from a woman who alleges a Michigan hospital system laid her off because she was pregnant, finding that evidence that the worker's supervisor was concerned about the pregnancy's effects on department productivity supports pregnancy discrimination claims.
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September 05, 2025
Brown Univ. Prof Says Top Court Ruling Bolsters Habeas Bid
A Lebanese nephrologist who teaches at Brown University under an H-1B visa argued last week that the U.S. Supreme Court's ruling this summer in Kennedy v. Braidwood Management, a case focusing on whether members of a U.S. government task force were constitutionally appointed, bolsters her argument that the U.S. Customs and Border Protection officers who deported her lacked the authority to do so.
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September 05, 2025
Mass. Justices Mull Privacy Issues In Era Of Online Records
Massachusetts' highest court heard arguments Friday in a pair of cases asking the justices to balance the public's right to access court documents against the privacy interests of potential medical malpractice victims and people charged with but later cleared of crimes.
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September 05, 2025
Motley Rice Fights OptumRx DQ Bid In Utah Opioid Suit
Pharmacy benefit manager OptumRx cannot disqualify Motley Rice LLC from representing Utah in a lawsuit over the opioid crisis, since any information the firm obtained during its involvement in earlier government investigations is available to all other parties in the multidistrict litigation and so isn't confidential, the state has told a federal court.
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September 05, 2025
Court Denies Vape Interests' Bid To Halt Wisconsin E-Cig Law
A Wisconsin federal judge on Friday rejected vaping interests' motion to halt enforcement of a new state law banning the sale of e-cigarettes not approved by the U.S. Food and Drug Administration, saying they were unlikely to succeed on claims the law was preempted.
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September 05, 2025
Workers Say Tenet Misspent Forfeitures In Mega 401(k) Plan
A Tenet Healthcare ex-employee alleged in a proposed class action Friday in Texas federal court that the healthcare company misspent nearly $28.6 million in forfeitures from an employee 401(k) plan by using the assets to reduce employer-side contribution obligations to other workers' accounts.
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September 05, 2025
CEO's Alleged Threat After Records Demand Prompts Del. Suit
A major stockholder and officer of a health risk software venture who reported receiving a threatening reply from the company's CEO when he requested records has sued for the documents in Delaware's Court of Chancery, saying the earlier request was otherwise ignored.
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September 05, 2025
GRSM Launches Practice For Correctional Healthcare
Gordon Rees Scully Mansukhani has announced that it is launching a new practice to advise correctional healthcare providers.
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September 05, 2025
Taxation With Representation: Milbank, Wachtell, Latham
In this week's Taxation With Representation, aircraft lessor Air Lease Corp. agrees to a take-private deal, Evernorth Health Services invests billions in Shields Health Solutions, Cadence Design Systems Inc. acquires the design and engineering business of Hexagon AB, and Kraft Heinz Co. plans to split into two independent, publicly traded companies.
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September 04, 2025
Feds Seek Stay On Court Order Releasing Foreign Aid Billions
The Trump administration urged the D.C. Circuit on Thursday to stay a federal judge's order that it release billions in frozen foreign aid pending its appeal, saying the disbursement will likely be "impossible" to recover according to the international aid organization plaintiffs' "own description of their financial condition."
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September 04, 2025
Split 3rd Circ. Rejects Janssen, Bristol Myers Pricing Appeal
A split Third Circuit panel Thursday shot down another challenge to the Medicare drug pricing negotiation, this time rejecting a consolidated appeal from Bristol Myers Squibb and Janssen and upholding a lower court's finding that the program is indeed voluntary and therefore constitutional.
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September 04, 2025
Doc Tells 1st Circ. Acquitted Conduct Marred Drug Sentence
A Massachusetts psychiatrist convicted over an alleged scheme to import and dispense nonapproved forms of addiction medication on Thursday told the First Circuit the trial judge wrongly ran afoul of limitations on the consideration of acquitted conduct in federal sentencings when handing him a three-year prison term.
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September 04, 2025
10th Circ. Ends Huffing Death Product Liability Suit
The Tenth Circuit refused to revive a Kansas man's proposed class action seeking damages against the makers of canned compressed air after his adult son fatally inhaled their product, saying the manufacturers can't be held liable because intentionally huffing the toxic gases in the product is against state law.
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September 04, 2025
Feds Stand By $10M Medicare Fraud Conviction At 4th Circ.
The Fourth Circuit should uphold the six-year sentence of a physician assistant who was found guilty of Medicare fraud after prosecutors said he rubber-stamped bogus prescriptions for genetic testing worth about $10 million, the government told the court.
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September 04, 2025
Yale Hospital's Info Request Upheld In $435M Property Suit
Three third-party hospital real estate holding companies and their corporate parent cannot challenge a decision requiring them to give records to Yale New Haven Health Services Corp. for its $435 million asset sale dispute with bankrupt Prospect Medical Holdings Inc., a Connecticut appeals court has ruled.
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September 04, 2025
4th Circ. Affirms Gardasil's Vaccine Table Inclusion
A unanimous Fourth Circuit panel affirmed Thursday that adding the human papillomavirus vaccine Gardasil to the Vaccine Act's injury table did not violate the U.S. Constitution, rejecting three plaintiffs' arguments that the Secretary of Health and Human Services lacks the authority to make additions to the table without an act of Congress.
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September 04, 2025
Admonished For 'Entitlement,' Pillsbury Atty Ducks Sanction
A Nevada federal judge opted against sanctions for Pillsbury Winthrop Shaw Pittman LLP partner Mark Krotoski, and instead issued a formal admonishment on the "entitlement" behind "misleading arguments and representations" about the reason an expert witness was unavailable during a wage-fixing and wire fraud trial.
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September 04, 2025
Why The Harvard Funding Case Is 'Clear As Mud' On Appeal
A sweeping Harvard University victory in a suit challenging President Donald Trump's block on $2.2 billion in grant funding tees up a high-stakes appeal that experts say may turn on a wonky jurisdictional issue on which the U.S. Supreme Court seems to lack any sort of consensus.
Expert Analysis
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.
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FDA Commissioner Speech Suggests New Vision For Agency
In his first public remarks as U.S. Food and Drug Administration commissioner, Marty Makary outlined an ambitious framework for change centered around cultural restoration, scientific integrity, regulatory flexibility and selective modernization, and substantial enforcement shifts for the food and tobacco sectors, say attorneys at Arnall Golden.
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AG Watch: Texas Expands Use Of Consumer Protection Laws
In recent years under Attorney General Ken Paxton, Texas has demonstrated the breadth of its public interest authority by bringing actions in areas not traditionally associated with consumer protection law, including recent actions involving sports and public safety, say attorneys at Kelley Drye.
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Customs Fraud Enforcement In The Age Of Tariffs
In the wake of the Trump administration’s new approach toward tariffs, two recent Justice Department developments demonstrate aggressive customs fraud enforcement, with the DOJ emphasizing competitive harm to American businesses, and signaling that investigations will likely involve both civil and criminal enforcement tools, say attorneys at Bernstein Litowitz and London & Naor.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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A Path Forward For Colo. Pot Products After Failed Safety Test
As cannabis products in Colorado face increasingly rigorous contamination testing, decontamination and remediation can be an alternative to destruction after a failed safety check, in certain circumstances, so understanding the nuances of these procedures is vital, say attorneys at Troutman Pepper.
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International Ramifications Of Canada's Health AI Moves
Recent artificial intelligence developments in Canada's health industry are creating ripple effects for global investors, cross-border innovators and legal practitioners, and may create opportunities for U.S. companies rethinking their international strategies, says Atoussa Mahmoudpour at AMR Law.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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What EU 'Killer Acquisition' Study Means For Pharma Deals
The European Commission’s recent study of pharmaceutical companies' acquisitions of emerging competitive threats, the first of its kind globally, has important implications for the industry, and may lead to increased awareness of merger control risks in collaborative agreements, say lawyers at Paul Weiss.
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Legal Risks For Providers Discussing Psychedelic Therapies
The emergence of psychedelic therapies as potential treatments for mental health conditions and other ailments continues to garner significant attention, but the legal landscape surrounding discussions and referrals remains fraught with complexity, creating potential risks for healthcare providers and institutions, says Kimberly Chew at Husch Blackwell.
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Why Texas Should Slow Down On Healthcare Merger Bills
More time is needed to study three Texas bills aimed at considering the effects of healthcare consolidation to increase affordability and access to healthcare, which could have the opposite effect, say John Saran and Harshita Rathore at Holland & Knight and Robbie Allen at U.S. Heart and Vascular.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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How NY's FAIR Act Mirrors CFPB State Recommendations
New York's proposed FAIR Business Practices Act, which targets predatory lending and junk fees, reflects the Rohit Chopra-era Consumer Financial Protection Bureau's recommendations to states in a number of ways, including by defining "abusive" conduct and adding a new right to file class actions, says Christian Hancock at Bradley Arant.
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A Breakdown Of Trump's Order On Drug Pricing
The Trump administration may attempt to effectuate through rulemaking a recently issued executive order on lowering drug prices, which would likely have an adverse effect on stakeholders and trigger litigation, say attorneys at Debevoise.
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Takeaways From DOJ's 1st Wage-Fixing Jury Conviction
U.S. v. Lopez marked the U.S. Department of Justice's first labor market conviction at trial as a Nevada federal jury found a home healthcare staffing executive guilty of wage-fixing and wire fraud, signaling that improper agreements risk facing successful criminal prosecution, say attorneys at McGuireWoods.