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May 08, 2025
Albertsons Says Counties Have 'Paradoxical Status' In MDL
A group of pharmacies led by Albertsons Cos. Inc. have told the Texas Supreme Court that two counties can't assert claims against them in the state's opioid multidistrict litigation while simultaneously denying they qualify as claimants.
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May 08, 2025
Fed. Circ. Weighs If Expert's Testimony Justifies Spine IP Loss
A Federal Circuit panel on Thursday considered how much an expert strayed from a lower court's claim construction in an inventor's patent infringement suit against DePuy Synthes, with one judge questioning if it was merely effective cross-examination that tripped the expert up, and not much more.
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May 08, 2025
WeightWatchers To Seek OK For Equity Swap Ch. 11 In June
WeightWatchers expects it will be able to set aside some equity in a reorganized company for existing stockholders while cutting $1.15 billion in debt under a Chapter 11 plan that is scheduled for a confirmation hearing in June, the debtor told a Delaware bankruptcy judge on Thursday.
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May 08, 2025
3rd Circ. Rejects Challenge To Medicare Drug Price Program
The Third Circuit on Thursday rejected AstraZeneca's challenge to the Medicare drug price negotiation program, ruling that the pharmaceutical giant was unable to show how it is injured by the program's guidance or how it violates its due process rights.
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May 08, 2025
Judge Asks DOJ To Define DEI In Health Grant Case
A Massachusetts federal judge on Thursday ordered U.S. Department of Justice lawyers to provide the Trump administration's definitions of diversity, equity and inclusion, saying he needs to know so he can consider whether that is a valid basis for pausing federal health research grants.
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May 08, 2025
NC Ophthalmologist Owes Ex-Partner Office Building Cash
The North Carolina Business Court has ruled that an ophthalmologist who agreed to buy out his former business partner's share of their practice must pay the former partner 36% of the value of their office building under the terms of their confidential settlement agreement.
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May 08, 2025
Elizabeth Holmes Loses Bid For Full 9th Circ. Rehearing
The Ninth Circuit said Thursday it will not reconsider a panel decision refusing to throw out the conviction and 11-year prison sentence of Theranos Inc. founder Elizabeth Holmes.
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May 08, 2025
Conn. High Court Snapshot: Rehab Permit And Towing Tiff
The Connecticut Supreme Court, in its upcoming term, will consider whether an existing substance abuse treatment center has the right to challenge the opening of a competitor nearby, and determine if a murder suspect is owed a new trial over an allegedly botched jury poll.
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May 08, 2025
Biotech Co. Accelerate Diagnostics Hits Ch. 11 With Sale Plan
Medical technology company Accelerate Diagnostics Inc. filed for Chapter 11 protection in Delaware bankruptcy court Thursday with $90.2 million of debt and a plan to sell the business to lender Indaba Capital Management for $36.9 million.
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May 07, 2025
J&J Unit's Catheter Tying Policy Hurt Rival, Antitrust Jury Told
Innovative Health's CEO told a California federal jury considering its antitrust claims Wednesday that Johnson & Johnson unit Biosense Webster enforced a policy to cut off support to hospitals that didn't use its catheters after Innovative received FDA approval to reprocess Biosense's electrophysiology catheters, devastating Innovative's business.
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May 07, 2025
FDA Gets Win In Eli Lilly Weight Loss Drug Shortage Fight
A Texas federal judge on Wednesday refused to reverse a U.S. Food and Drug Administration decision to remove Eli Lilly & Co.'s popular weight loss drug from a national shortage list, denying a request from pharmacies that produce copycat doses of the drug and entering judgment in favor of the FDA.
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May 07, 2025
UnitedHealth Hid Biz Impact Of CEO's Killing, Investor Says
UnitedHealth Group concealed how public scrutiny of its coverage policies and backlash from the killing of its CEO was harming its business, leading to plummeting stock prices when the insurer lowered its 2025 earnings outlook, according to a proposed investor class action filed Wednesday in New York federal court.
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May 07, 2025
Ga. Panel Weighs New Trial In EMT Negligence Suit
The Georgia Court of Appeals on Wednesday considered whether to order a new trial in a man's lawsuit alleging an EMT negligently administered fentanyl to his mother after she fell out of a window, causing her heart to stop.
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May 07, 2025
Fertility Co. Accused Of Selling Bogus Tests Wasting Embryos
Women who sought fertility treatment filed a proposed class action against CCRM Fertility in Colorado federal court Wednesday, alleging the fertility clinic chain "aggressively" marketed its preimplantation genetic testing to thousands of vulnerable patients despite knowing the test is unreliable and wasted preciously limited, viable embryos.
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May 07, 2025
CVS Hid Prescription Discounts From Medicaid, States Allege
CVS failed to disclose to state Medicaid programs that it was offering discounts on prescriptions to cash-paying customers, violating regulations aimed at assuring that government insurance programs pay the lowest possible price for drugs, the attorneys general of four states said in a complaint unsealed Wednesday.
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May 07, 2025
Rite Aid Cleared For Quick Ch. 11 Sale Plans
A New Jersey bankruptcy judge on Wednesday approved retail pharmacy chain Rite Aid's plans to host a Chapter 11 auction next week for prescription files, drug inventory and other pharmacy assets during its second bankruptcy.
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May 07, 2025
Ill. Court OKs $20M Award In Brain Damage Med Mal Suit
An Illinois state appeals court has affirmed a $20 million award in a suit accusing an Advocate Health hospital and others of causing a newborn's brain damage due to oxygen deprivation, saying certain jury instructions given by the trial court were not erroneous.
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May 07, 2025
$525M Nuke Services Deal Faces Canada Competition Probe
Canada's competition regulator said Wednesday it has obtained court orders to get information from several companies as part of its investigation of nuclear technology firm BWX Technologies Inc.'s proposed $525 million acquisition of nuclear engineering company Kinetrics Inc.
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May 07, 2025
9th Circ. Axes Fired University Worker's 1st Amendment Fight
The Ninth Circuit on Wednesday refused to revive a lawsuit claiming two former University of Arizona officials fired a health sciences employee because of his husband's criticisms of a hiring process, saying the administrators are immune from the worker's free speech claim.
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May 07, 2025
Mich. Justices Mull 'Straddle Policies' In No-Fault Cases
The Michigan Supreme Court on Wednesday considered whether insurance policies that straddle the date no-fault reforms went into effect should be subjected to post-reform increased limits for liability and scheduled medical care reimbursement rates.
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May 07, 2025
Walgreens Wants 'Far-Fetched' Shareholder Suit Tossed
Walgreens contends that a proposed class action alleging it inflated share prices by concealing the lack of viability of its pharmacy division and primary clinic investment must be dismissed because it lacks factual allegations to back its claim that Walgreens made any misstatements to shareholders about its financial outlook, let alone with fraudulent intent.
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May 07, 2025
Pa. Nursing Homes Say They Can't Afford $2.7M Fraud Penalty
A pair of Pennsylvania nursing homes convicted of defrauding state and federal healthcare programs by falsifying staff records and exaggerating patient needs said they won't be able to pay the $2.7 million penalty the government is seeking since they're severely strapped for cash.
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May 07, 2025
Device Seller Asks For Probation In $2.4M Tax Evasion Case
The septuagenarian owner of a Florida medical device company who pled guilty to evading $2.4 million in taxes asked a federal district court Wednesday for his sentence to entail home probation and not prison, given his health challenges and payments he already made to the Internal Revenue Service.
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May 06, 2025
Post-Ch. 11 Rite Aid Trustee Asks To Take Over Insurance Suit
A trust tied to Rite-Aid's previous bankruptcy exit plan has asked a New Jersey bankruptcy judge for permission to take over for Rite Aid in an adversary case seeking insurance money related to opioid claims.
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May 06, 2025
Medical Device Co. SeaStar Seeks Toss Of Shareholder Suit
SeaStar Medical Inc. has urged a Colorado federal judge to toss a proposed class action alleging the healthcare company misled investors about potential regulatory risks and compliance deficiencies, arguing the amended complaint "attempts to create the illusion of factual particularity through a façade of prolixity."
Expert Analysis
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6 Predictions For Cyber Risk And Insurance In 2025
This year is likely to bring with it some thorny and expensive cyber challenges, including increased ransomware activity, more data breach class actions and continued efforts to define business interruption loss calculations, say attorneys at Wiley.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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How Trump 2.0 May Change Business In Latin America
Companies in Latin America should expect to face more trade restrictions, tighter economic sanctions and enhanced corruption risks, as the incoming administration shifts focus to certain non-U.S. actors, most notably China, says Matteson Ellis at Miller & Chevalier.
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Opinion
Courts Must Curb The Drug Price Negotiation Program
The Inflation Reduction Act's drug price negotiation program upends incentive structures that drive medical innovation, and courts must act appropriately to avoid devastating consequences for American healthcare and the pharmaceutical industry, says Jeff Stier at the Consumer Choice Center.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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The OIG Report: Preparing For Oversight In 2025
Across sectors, Office of Inspector General work plans and challenge reports for 2025 provide a trove of information on the issues and industries that will likely be the focus of government oversight in the year to come, says Diana Shaw at Wiley.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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5 Drug And Device Developments That Shaped 2024
The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
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How To Manage During A Trade Dispute With USMCA Partners
Companies can try to minimize the potential impacts of future tariffs on Mexican and Canadian goods, and uncertainty about future trade relations, by evaluating supply chains, considering how they may be modified, and engaging with the new administration over exemptions and the upcoming review of the U.S.-Mexico-Canada Agreement, say attorneys at Holland & Knight.
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How New Fraud Enforcement Tool Affects Gov't Contractors
Government contractors will likely face greater scrutiny under the recently enacted Administrative False Claims Act, which broadens federal agencies' authority to pursue low-dollar fraud claims, but contractors may also find the act makes settlement of such claims easier to negotiate, say attorneys at Wiley.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Consultants Should Be Aware Of DOJ's Potential New Reach
The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.
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Product Safety Issues In 2024 Highlight Need For Vigilance
A look at some of the medications and foods that led to significant class actions last year demonstrates the need for robust regulatory systems and proactive measures to protect consumers from defective and harmful products, says Jennifer Taylor at the Law Offices of James Scott Farrin.
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Lessons Learned From 2024's Top ADA Decisions
Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.