Health

  • August 27, 2026

    PBMs Hammer Opioid Judge In Last-Ditch Gambit At 6th Circ.

    An Ohio federal judge knowingly flouted a Sixth Circuit rebuke by forcing two of the largest remaining defendants in multidistrict opioid litigation to either "settle for enormous sums or litigate for years hundreds of cases," says a Thursday petition urging the appeals court to intervene.

  • August 27, 2026

    Albertsons Loses Bid For Midtrial Win In Wash. Opioid Case

    Albertsons can't escape the state of Washington's lawsuit accusing the pharmacy chain and its Safeway subsidiary of contributing to the state's opioid crisis, a state judge ruled Thursday in denying the company's bid to dismiss the case midtrial.

  • August 27, 2026

    CVS Must Face Investor Claims Over AI Use Omissions

    A New York federal judge trimmed a proposed investor class action Thursday that alleges CVS Health Corp. concealed that its profitability was largely driven by its use of artificial intelligence, allowing the case to proceed on "actionable half-truths" that the company misrepresented the effects of its AI use.

  • August 27, 2026

    States' Suit Says HHS Terms Threaten Family Planning Dollars

    Twenty-three states launched a lawsuit in Maryland federal court Thursday challenging the U.S. Department of Health and Human Services' new conditions on federal funding for family planning services that they say would require recipients end support for "gender ideology," abandon diversity programming and drive patients toward parenthood and marriage.

  • August 27, 2026

    Mead Johnson Nutrition Head Defends Formula In MDL Trial

    Mead Johnson's head of nutrition testified Thursday in a trial over whether its preterm infant formula led to a newborn's serious and ultimately fatal gut illness, saying she had no reasons to worry about the product's safety but acknowledging it carries a higher risk for the disease than human breast milk.

  • August 27, 2026

    5th Circ. Backs FDA, Pharma Cos. In GLP-1 Shortage Fight

    The U.S. Food and Drug Administration did not unlawfully remove blockbuster GLP-1 medications made by Eli Lilly & Co. and Novo Nordisk from the national drug shortage list, the Fifth Circuit ruled Thursday, handing a loss to compounding pharmacies that produce copycat doses of the drugs.

  • August 27, 2026

    Guardant Suits Against Tempus AI Clear Dismissal Bids

    A Delaware federal judge has refused to throw out litigation accusing Tempus AI Inc. of infringing Guardant Health Inc. patents covering technology used to analyze cancer-related genetic data and help guide testing and treatment.

  • August 27, 2026

    Selena Gomez Says Wondermind Investor Suit Must Be Nixed

    Pop star Selena Gomez has urged a Delaware federal judge to toss securities fraud claims against her tied to the mental health startup Wondermind, saying she wasn't involved in the offering and suggesting that the plaintiffs may deserve sanctions for bringing "egregiously improper" claims against her.

  • August 27, 2026

    AG Says Florida Won't Take Part In Meta's 'Weak' $17B Deal

    Florida will take no part in Meta's $17 billion social media addiction settlement, according to state Attorney General James Uthmeier, who has slammed the sum as "weak" and said the Sunshine State will not be bought off for "pennies on the dollar."

  • August 27, 2026

    Judge Wary Of EEOC's Challenge To Yale Hospital Age Testing

    A Connecticut federal judge on Thursday said oral arguments forced her to rethink whether to require a trial in the U.S. Equal Employment Opportunity Commission's challenge to age-based employee cognition tests at Yale New Haven Hospital, indicating the EEOC presented a solid case and that Yale's defenses might be stronger.

  • August 27, 2026

    Website Arbitration Pact Can't Thwart Caremark ERISA Suit

    A New York federal judge narrowed a suit accusing CVS Caremark of improperly denying coverage for a specific GLP-1 drug but kept the bulk of the case in court, finding that an arbitration agreement featured on the company's website doesn't apply to benefit plans.

  • August 27, 2026

    GAO Says CMS Should Rethink $52M Task Order

    The Centers for Medicare and Medicaid Services applied unstated evaluation criteria when passing on a company's $49 million offer to provide support services for a health care facility surveyor training program in favor of a more expensive bid, according to a decision by the U.S. Government Accountability Office. 

  • August 27, 2026

    23andMe Judge Slows Estimation Of Calif. Data Breach Claim

    A Missouri bankruptcy judge ruled Thursday he would split a process for dealing with data breach claims brought by the state of California against 23andMe into two stages, saying he would first decide whether the bankruptcy trust for the DNA testing company should be allowed to estimate the state's claims for damages.

  • August 27, 2026

    Mich. Hospitals Defend CVS 340B Drug Savings Suit

    University of Michigan Hospitals and Health Centers urged a Michigan federal judge Wednesday to preserve its suit claiming that CVS Health Corp. diverted millions of dollars earmarked for indigent healthcare to itself, saying the conduct clearly amounts to a racketeering scheme.

  • August 27, 2026

    Colo. Hospital Can't Split Discovery In Retirement Funds Suit

    A Colorado federal judge rejected a faith-based nonprofit hospital's bid for the court to bifurcate discovery in a lawsuit brought by former employees accusing the health system of mismanaging their retirement funds, finding the requested action "would hinder judicial economy."

  • August 27, 2026

    Disabled Adults Fight Connecticut's IQ Cutoff For Services

    A group of young adults who say they have intellectual disabilities alleged in a new lawsuit that Connecticut's "strict intelligence quotient cutoff" for receiving state agency services is unconstitutional and ignores shifts in the medical and legal landscapes.

  • August 27, 2026

    Hospital Wants Saul Ewing Client To Stop Contacting Nurses

    A whistleblower in a False Claims Act case against a Pittsburgh-area hospital tried to solicit complaints from her co-workers — allegedly at the urging of her attorneys at Saul Ewing LLP — despite rules against ex parte communication with employees of represented parties, the hospital's lawyers said this week.

  • August 26, 2026

    5th Circ. Upholds Drug Negotiations In Blow To Big Pharma

    Medicare's landmark program of drug price negotiations doesn't flout constitutional provisions involving the separation of powers, due process or excessive fines, the Fifth Circuit ruled late Wednesday, delivering a fresh blow to the pharmaceutical industry's campaign to tee up U.S. Supreme Court review.

  • August 26, 2026

    Top Takeaways From Meta's $17B Kid Safety Deal

    A $17.1 billion deal with 29 states and Meta Platforms Inc. that includes reforms to Facebook and Instagram to protect children is seen as a benchmark for other settlements with social media companies as litigation and public pressure mounts over mental health harms to youth.

  • August 26, 2026

    Mass. Officials Rebuff Challenge To Vape Ban

    There's no chance smoke shops and retailers will come out on top in a lawsuit seeking to undo a Massachusetts ban on certain tobacco products, the state said when urging a federal judge to reject calls to block enforcement, saying too many appeals courts have sided with similarly situated states.

  • August 26, 2026

    Bankrupt Villages Health System Agrees To $541.5M FCA Deal

    Florida-based The Villages Health System has agreed to shell out more than $541.5 million to resolve allegations it violated the False Claims Act by submitting false diagnosis codes to get more money from Medicare, conduct that it disclosed itself, the U.S. Department of Justice said Wednesday.

  • August 26, 2026

    Healthcare Cos. Must Face Whistleblower's PPP Fraud Suit

    A New York federal judge has dismissed a bid to toss a compliance consultant's whistleblower suit against a trio of home healthcare companies for alleged fraud under the government's Paycheck Protection Program, rejecting the companies' arguments that her claims should be barred because she is not an original source of information.

  • August 26, 2026

    Judge Punts $9.9M Lien Fight In 'Take Care Of Maya' Row

    A Florida judge said Wednesday he would take up the breach of fiduciary duty claims filed by Maya Kowalski, the subject of the Netflix documentary "Take Care of Maya," against her former counsel before addressing the attorney's $9.9 million charging lien for the work he did representing her at trial.

  • August 26, 2026

    Eton's Galzin TM And False Ad Suit Survives Dismissal Bid

    Eton Pharmaceuticals can proceed with trademark infringement and false advertising claims accusing Extreme V of marketing a dietary supplement as a Wilson disease treatment, with a Michigan federal judge finding that Extreme V's defenses and factual challenges could not dispose of the case at the pleading stage.

  • August 26, 2026

    NJ Can't Force Access To ICE Detention Center, Feds Say

    U.S. Immigration and Customs Enforcement has pressed a New Jersey federal judge to dismiss a lawsuit from the Garden State's health commissioner seeking access to a Newark immigration detention center, saying whether state officials can inspect the facility is up to the federal government.

Expert Analysis

  • Series

    Officiating Football Makes Me A Better Lawyer

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    Though they may seem to have little in common, officiating football has sharpened many of the same skills that define effective lawyering in management-side labor and employment: preparation, judgment, composure, credibility and ability to make difficult decisions in real time, says Josh Nadreau at Fisher Phillips.

  • Fresenius Ruling May Shift Anti-Kickback Enforcement

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    The Ninth Circuit's recent decision in Fresenius v. Bonta suggests that businesses have a First Amendment right to donate to certain charities, even if those donations are motivated by economic self-interest, potentially calling into question years of Anti-Kickback Statute proceedings against pharmaceutical manufacturers for making similar donations, says Jonah Knobler at Patterson Belknap.

  • Written Consent Ruling May Signal Change For Telemarketing

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    The Fifth Circuit's ruling in Bradford v. Sovereign Pest Control is a takedown of the Federal Communications Commission's prior express written consent regulation, and because Loper Bright empowers courts to disregard agency interpretations, Telephone Consumer Protection Act litigants now have an opportunity to challenge previously settled FCC regulations, orders and interpretations, say attorneys at Manatt.

  • Series

    Law School's Missed Lessons: How To Draft Pleadings

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    Most law school graduates step into their first jobs without ever having drafted a complaint, answer, motion or other type of pleading, but that gap can be closed by understanding the strategy embedded in every filing, writing with clarity and purpose, and seeking feedback at every step, says Eric Yakaitis at Haug Barron.

  • E-Discovery Quarterly: Recent Rulings On ESI Control

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    Several recent federal court decisions have perpetuated a split over what constitutes “control” of electronically stored information — with judges divided on whether the standard should turn on a party's legal right or practical ability to obtain the information, say attorneys at Sidley.

  • The Challenge Of Stabilizing Rural Hospitals On The Brink

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    The outlook for rural hospitals has grown more concerning, as recent policy and regulatory developments are decreasing hospital revenues and increasing the cost of uncompensated care, which may result in additional hospital closures, service reductions, or mergers and acquisitions, say Omur Celmanbet, Kristy Piccinini and Sabiha Quddus at FTI Consulting.

  • Insurer Lessons From 1st Wave Of GenAI Coverage Rulings

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    Several pending cases target the issue of whether generative AI may appropriately replace human professional decision-making, and though each case is still in discovery, the decisions thus far provide insurers with guidance on how courts may view these claims, say attorneys at Simpson Thacher.

  • The Role Of Operational Data In Tech Platform Liability Suits

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    As litigation becomes a de facto substitute for the regulation of major technology platforms, with plaintiffs advancing claims under product liability, public nuisance and consumer protection laws, among others, courts are evaluating how platform systems operate in practice based on large-scale operational data, say attorneys at Brattle.

  • 2 Discovery Rulings Break With Heppner On AI Privilege Issue

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    While a New York federal court’s recent ruling in U.S. v. Heppner suggests that some litigants’ communications with AI tools are discoverable, two other recent federal court decisions demonstrate that such interactions generally qualify for work-product protection under the Federal Rules of Civil Procedure, says Joshua Dunn at Brown Rudnick.

  • Bid Protest Spotlight: Evidence, Tailored Talks, Materiality

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    In this month's bid protest roundup, Brian Doll at MoFo delves into three recent decisions from the Government Accountability Office about the evidentiary standards necessary to sustain a protest, discussions tailored to individual proposals, and misrepresentation claims involving factors irrelevant to the agency's decision.

  • Series

    Isshin-Ryu Karate Makes Me A Better Lawyer

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    My involvement in martial arts, specifically Isshin-ryu, which has principles rooted in the eight codes of karate, has been one of the most foundational in the development of my personality, and particularly my approach to challenges — including in my practice of law, says Kaitlyn Stone at Barnes & Thornburg.

  • Class Actions At The Circuit Courts: April Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from three recent rulings involving allegations of racial discrimination in mortgage applications, health insurance networks and actual cash value losses.

  • Fraud Enforcement, Sentencing Face Unusual Convergence

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    The Trump administration’s newly created task force to eliminate fraud and the U.S. Sentencing Commission’s recent proposals to scale back certain elements of the federal sentencing framework seem to point in opposite directions, creating a collision of policy priorities that may reshape how fraud cases are charged, negotiated and sentenced for years to come, says David Tarras at Tarras Defense.

  • Peptide Policy Is Shifting Toward Sanctioned Compounding

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    The policy landscape for peptides is undergoing a significant shift under the Trump administration, moving toward a complex system of verified compounding and complementary enforcement that will likely bring peptides firmly back into the sphere of legitimate consumer products, say attorneys at Sheppard.

  • Keys To Building Defensible Psychedelic Therapy Programs

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    Given the rapidly evolving legal environment for psychedelic therapies and heightened liability and compliance risks facing providers, meticulous documentation, robust risk management protocols, and proactive engagement with professional organizations and insurers are essential strategies, say Kimberly Chew at Husch Blackwell and L. Alison McInnes at Mindful Health Solutions.

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