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October 10, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Paddington Bear's creators and Studio Canal sue the company behind Spitting Image, Blackpool Football Club's former owner Owen Oyston bring a fresh claim against the club, and Mishcon de Reya sue a Saudi investment group.
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October 10, 2025
Rite Aid Fires Back At Claims It Broke CVS Sale Deal
Bankrupt drugstore chain Rite Aid Friday defended its decision to not pay for druggist insurance to cover ex-employees at pharmacies it has sold to former competitor CVS, while saying CVS has breached the sale deal itself by withholding its final payment.
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October 09, 2025
Biotronik Wants Full 9th Circ. Review Of Whistleblower Ruling
Biotronik Inc. urged the full Ninth Circuit to review a panel ruling that revived a whistleblower suit alleging the company used unlawful compensation tactics to boost heart-device sales, saying it should have been tossed based on prior disclosures in news articles.
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October 09, 2025
Pharma Co. Looks To Nix 'Absurd' Award Over Acne Drug
Sun Pharmaceutical Industries is urging a New York federal court to partially undo an arbitral award issued in a dispute over intellectual property for an acne drug, saying the award, if allowed to stand, could interfere with a medication that's been available in Canada for years.
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October 09, 2025
9th Circ. Probes Buyers On HIV Drug Antitrust Claims
Insurers and health plans told a Ninth Circuit panel on Thursday that a lower court was wrong to toss their claims that Gilead orchestrated a product-hop scheme for its HIV drugs ahead of trial and for not seeing a price drop as evidence of an alleged agreement with Teva to delay generics.
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October 09, 2025
McKesson Aims To Escape Dealer Claims In Overdose Death
Pharmaceutical distributor McKesson urged the Georgia Court of Appeals Thursday to throw out a suit trying to hold the company liable for a man's prescription opioid overdose death, arguing that allowing it to go forward would wrongly expand the scope of liability under a statute designed to punish illegal drug dealers.
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October 09, 2025
Fed. Circ. Affirms Contractor Is Due Money For COVID Delays
The Federal Circuit on Thursday backed an Armed Services Board of Contract Appeals decision finding the government must compensate a contractor for fees incurred during the 2020 COVID-19 shutdown, just days after hearing oral argument.
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October 09, 2025
Aetna Inks ERISA Deal Over Nixed Spinal Surgery Claims
Aetna has agreed to pay a class of health plan members up to $55,000 each to resolve their suit alleging their coverage claims for lumbar disk replacement surgeries were wrongfully denied, amounting to a deal worth millions of dollars, according to a California federal court filing.
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October 09, 2025
ADA Doesn't Stop At Prison Gates, 3rd Circ. Says In Reversal
The Third Circuit ordered a lower court to accept an incarcerated man's amended Americans with Disabilities Act lawsuit against a Pennsylvania prison that he says denied him proper medical treatment when a spinal cord injury left him paralyzed in his cell.
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October 09, 2025
San Antonio Abandons Out-Of-State Abortion Travel Appeal
The city of San Antonio on Thursday conceded defeat in its request for court approval to go forward with a program that included funding for out-of-state travel for abortions, handing a victory to the state's attorney general.
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October 09, 2025
Hemp Co. Asks Del. Court To Defer Ex-Exec's Suit To Australia
An Australian hemp manufacturer and its U.S. subsidiaries asked a Delaware federal judge Thursday to dismiss or pause a lawsuit filed by a former executive-turned-whistleblower, arguing the case should be deferred under international comity principles.
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October 09, 2025
Tort Report: Nuked 'Nuclear Verdict' Stays, Texas Justices Say
The fate of a "nuclear verdict" that was used to jump-start tort reform campaigns across the country and a settlement of a suit over a Kiss guitar technician's death lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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October 09, 2025
Tivity Health Investors Seek Final OK Of $17M Settlement
An investor in fitness program administrator Tivity Health Inc. has asked a Nashville federal judge for a final nod for an over $17 million deal ending claims the company misled investors about its financial prospects after its $1.3 billion acquisition of troubled weight-loss meal delivery company Nutrisystem.
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October 09, 2025
Ropes, Kirkland Guide $5.2B Novo Nordisk Liver Disease Deal
Novo Nordisk said on Thursday it will acquire U.S.-based Akero Therapeutics for up to $5.2 billion in cash, expanding its portfolio into metabolic liver disease in a deal steered by Ropes & Gray LLP and Kirkland & Ellis LLP.
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October 09, 2025
Va. Panel Nixes $2.5M Med Mal Verdict Over Jury Instruction
A Virginia state appeals court has overturned a $2.5 million verdict awarded to a woman who sued an anesthesiologist because he did not provide anesthesia before her cesarean section, finding that the jury should have been given an instruction on superseding cause.
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October 08, 2025
NYC Takes Social Media Youth Addiction Suit To Federal Court
New York City has withdrawn from coordinated litigation against social media companies in California and filed a largely identical suit in federal court, a move the city determined was in its "best interest" for holding the companies accountable for purposefully getting youth hooked on their addictive platforms, a spokesperson said Wednesday.
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October 08, 2025
Chancery Extends Pause On Hospital Board Law Challenge
The pause on ChristianaCare's lawsuit in Delaware Chancery Court against state officials in which it's challenging legislation that created a state-appointed board to review and approve hospital budgets was extended four months Wednesday to allow more time for the sides to reach a settlement.
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October 08, 2025
ALN Medical Strikes $4M Data Breach Deal With 1.8M Users
Healthcare advisory firm ALN Medical has offered to create a $4 million settlement fund to resolve litigation surrounding a March 2024 data breach that affected more than a million individuals, requesting a Nebraska federal court's preliminary approval of the deal.
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October 08, 2025
Ex-Hospital CEO Drops Fraud Suit Against Former Employer
The former CEO of a Nevada-based psychiatric hospital operator has dropped her Colorado federal lawsuit alleging the company's president transferred contracts to his own business to avoid paying her severance and a consultation bonus after the company laid off all its employees.
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October 08, 2025
GSK Doesn't Have To Explain COVID Vax Claims For Moderna
The special master in GlaxoSmithKline's infringement suit targeting Moderna's COVID-19 vaccines has rejected Moderna's push for GSK to provide more detailed allegations, in an order made public Wednesday.
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October 08, 2025
Del. Judge May Have Mallinckrodt Choose: Injunction Or $10M
A Delaware federal judge said he might ask Mallinckrodt Pharmaceuticals to choose between getting a competitor's inhaled nitric oxide treatment enjoined, or receiving the entire $9.5 million a jury determined it's owed for infringement.
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October 08, 2025
Army Finds Support At Fed. Circ. In Fight Over COVID Delays
A Federal Circuit judge appeared skeptical that the U.S. Army Corps of Engineers should compensate a contractor for fees incurred during the 2020 COVID-19 shutdown, saying it likely falls under protected government activity.
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October 08, 2025
$20M Deal Over Wash. Hospital Wage Claims Gets Final OK
A Washington state judge has given the final sign-off on a $20 million deal resolving a class action alleging that the state of Washington, doing business as the University of Washington Medical Center, shortchanged healthcare workers by rounding their hours worked and denying them second meal breaks on longer shifts.
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October 08, 2025
Arnall Golden Sanctioned For Giving Feds ERISA Suit Docs
A California federal judge has ordered Arnall Golden Gregory LLP to pay a $50,000 penalty for giving the U.S. Department of Labor confidential documents United Behavioral Health turned over in a class action accusing the insurer of overcharging workers for out-of-network substance use disorder treatments.
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October 08, 2025
Jackson Walker Gets Healthcare Atty From Sheppard Mullin
Jackson Walker LLP announced Wednesday it has added a partner from Sheppard Mullin Richter & Hampton LLP to boost its healthcare and life sciences group and capacity to handle transactional and regulatory matters for healthcare industry clients.
Expert Analysis
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$100K H-1B Fee May Disrupt Rural Healthcare Needs
The Trump administration's newly imposed $100,000 supplemental fee on new H-1B petitions may disproportionately affect healthcare employers' ability to recruit international medical graduates, and the fee's national interest exceptions will not adequately solve ensuing problems for healthcare employers or medically underserved areas, say attorneys at Holland & Knight.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from Practical Guidance
Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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Assessing Legal, Regulatory Hurdles Of Healthcare Offshoring
The offshoring of administrative, nonclinical functions has emerged as an increasingly attractive option for healthcare companies seeking to reduce costs, but this presents challenges in navigating the web of state restrictions on the access or storage of patient data outside the U.S., say attorneys at McDermott.
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Lessons As Joint Employer Suits Shift From Rare To Routine
Joint employer allegations now appear so frequently that employers should treat them as part of the ordinary risk landscape, and several recent decisions demonstrate how fluid the liability doctrine has become, says Thomas O’Connell at Buchalter.
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Texas Suit Marks Renewed Focus On Service Kickback Theory
After a dormant period at the federal level, a theory of kickback enforcement surrounding nurse educator programs and patient support services resurfaced with a recent state court complaint filed by Texas against Eli Lilly, highlighting for drugmakers the ever-changing nature of enforcement priorities and industry landscapes, say attorneys at Sheppard Mullin.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.
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5 Years In, COVID-19 Fraud Enforcement Landscape Is Shifting
As the government moves pandemic fraud enforcement from small-dollar individual prosecutions to high-value corporate cases, and billions of dollars remain unaccounted for, companies and defense attorneys must take steps now to prepare for the next five years of scrutiny, says attorney David Tarras.
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Vanda Ruling Opens Door For Contesting FDA Drug Denials
The D.C. Circuit's recent decision in Vanda Pharmaceuticals v. U.S. Food and Drug Administration creates new opportunities and considerations for drug companies navigating the FDA approval process, establishing that litigation is an option when the FDA refuses to hold a hearing, say attorneys at Polsinelli.
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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Courts Keep Upping Standing Ante In ERISA Healthcare Suits
As Article III standing becomes increasingly important in litigation brought by employer-sponsored health plan members under the Employee Retirement Income Security Act, several recent cases suggest that courts are taking a more scrutinizing approach to the standing inquiry in both class actions and individual matters, say attorneys at Crowell & Moring.
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Calif. Bill May Shake Up Healthcare Investment Landscape
If signed by the governor, newly passed California legislation would significantly expand the Office of Health Care Affordability's oversight of private equity and hedge fund investments in healthcare companies and management services organizations, and raise several questions about companies' data confidentiality and filing burdens, say attorneys at Ropes & Gray.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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Pharma Copay Programs Raise Complex Economic Questions
The growing prevalence of copay accumulator and maximizer programs in the pharmaceutical industry is drawing increased scrutiny from patients, advocacy groups, lawmakers and courts, bringing complex questions about how financial responsibility for prescription drug purchases is determined and complicating damages assessments in litigation, say analysts at Analysis Group.