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December 08, 2025
What To Do When Jurors Don't 'Trust The Science'
The pandemic and initiatives from the second administration of President Donald Trump challenging decades of established scientific norms have made science more politicized, and attorneys say picking a jury and presenting scientific evidence is increasingly challenging.
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December 08, 2025
Judge Prods Doctor To Disclose Records In WWE Abuse Fight
A Connecticut judge bristled at a celebrity doctor's failure to overturn key records that may bolster a former WWE staffer's abuse claims against the company, saying on Monday that his prior order to unearth the documents "is not being taken seriously."
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December 08, 2025
Smith & Nephew Settles 401(k) Fee Dispute
A Massachusetts federal judge stayed a proposed federal benefits class action Monday against Smith & Nephew that accused the medical device company of imposing excessive fees on an employee 401(k) plan, after the parties told the court they had agreed to settle their dispute.
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December 08, 2025
11th Circ. Won't Pause Medicaid Rule Amid Fla. Hospital Audit
An Eleventh Circuit panel revived Florida's lawsuit against a federal rule that reduces Medicaid funding based on agreements between hospitals, but upheld a lower court's decision to deny the state's request for an injunction after finding it wouldn't likely succeed on the merits of its complaint.
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December 08, 2025
'Red Flags' Give 2nd Circ. Pause In NBA Health Fraud Appeal
A Second Circuit panel appeared skeptical Monday of arguments by two former NBA players convicted of defrauding a league healthcare plan that they were tricked into participating by the scheme's leader, saying the trial evidence included "red flags."
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December 08, 2025
Justices Say Louisiana Law Can't Bar HIV Discrimination Suit
The U.S. Supreme Court told a Louisiana appeals court Monday that it incorrectly found that a state law protecting healthcare providers from civil liability during public health emergencies bars an HIV patient from alleging federal discrimination claims after being denied aquatherapy during the COVID-19 pandemic.
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December 08, 2025
Justices Pass On Challenge To NJ Hospital Charity Rule
The U.S. Supreme Court said Monday it won't review a New Jersey Supreme Court decision that a state requirement to treat patients regardless of the patient's ability to pay does not amount to an unconstitutional per se or regulatory taking.
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December 08, 2025
High Court Wants Feds' Input On Health Workers' Vax Fight
The U.S. Supreme Court asked Monday for the federal government's input on a group of religious workers' challenge to a pandemic-era New York state policy requiring healthcare providers to make their employees be vaccinated against COVID-19.
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December 05, 2025
Juror Who Alleged Misconduct Dismissed From Opioid Trial
A juror in Florida hospitals' $1.5 billion trial against the three major pharmacy chains over opioid dispensing was dismissed Friday after a judge found that her allegations of serious misconduct against another juror were largely unwarranted.
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December 05, 2025
Ga. Billing Firm Says Lack Of Harm Dooms Data Breach Row
A Georgia-based medical billing practice asked a federal judge to dismiss a proposed class action accusing it of failing to properly secure its patients and employees' personal information that was exposed in a September data breach, arguing the plaintiffs failed to show their data was publicly disseminated or otherwise misused.
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December 05, 2025
Meta CEO Zuckerberg Fights Privacy Suit Depo At 9th Circ.
Meta Platforms CEO Mark Zuckerberg urged a Ninth Circuit panel during a hearing Friday to scrap orders requiring him to give a limited deposition in privacy litigation over Facebook's alleged collection of health data, arguing the plaintiffs failed to exhaust alternative methods of getting the information they seek.
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December 05, 2025
SG Urges Justices To Hear Hikma's 'Skinny Label' Patent Case
The U.S. solicitor general on Friday urged the U.S. Supreme Court to hear Hikma Pharmaceuticals Inc.'s appeal of a decision reviving a patent suit involving its "skinny label" on a generic heart drug, saying the ruling puts the availability of lower-cost generics at risk.
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December 05, 2025
Cannabis Co. Says Rival Used AI-Fabricated Suit To Ruin Biz
Medical marijuana company Leafwell Inc. said Friday that competitor My Florida Green used artificial intelligence to fabricate legal claims and draft a factually and legally deficient complaint as part of a scheme to extort Leafwell and ruin its business, according to a suit filed in Florida federal court.
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December 05, 2025
9th Circ. Won't Unfreeze Trump Cuts To Student Mental Health
The Ninth Circuit rejected the Trump administration's effort to undo a lower court's pause on federal funding reductions to K-12 mental health services, siding with a coalition of 16 states seeking to preserve programs established in the wake of high-profile school shootings.
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December 05, 2025
3rd Circ. Backs NJ In-State Rule For Medical Aid In Dying
A Delaware woman with terminal cancer cannot end her life with medical assistance in New Jersey, the Third Circuit ruled Friday in a precedential opinion, finding that the Garden State residency requirement for medical aid in dying is restricted solely to New Jerseyans.
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December 05, 2025
Federal Hemp Ban Enforcement Uncertain, Report Finds
It is unclear how or whether federal agencies will enforce the federal ban on intoxicating hemp due to take effect in 11 months or apply the same hands-off approach that has governed marijuana, according to a recent report from the Congressional Research Service.
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December 05, 2025
ERISA Recap: 4 Rulings Worth Paying Attention To From Nov.
The Ninth Circuit striking down a class action win for transgender employee health plan participants who said their gender-affirming care denials were discriminatory is just one noteworthy Employee Retirement Income Security Act ruling from November. Here's a recap of that ruling and three others.
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December 05, 2025
Cancer Detection Biz Going Public Via $1.1B SPAC Merger
Cancer detection company Freenome Holdings Inc. announced plans Friday to go public through a merger with special purpose acquisition company Perceptive Capital Solutions Corp. in a deal that gives the combined business a post-transaction equity value of $1.1 billion and was built by three law firms.
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December 05, 2025
Pharma Co. Says Ex-Staff Used Secrets To Compete
Pharmaceutical supplier New Life Medicals (USA) Inc. told a North Carolina state court that a former warehouse manager, a freelance contractor and a business partner conspired to steal confidential information to form a competing venture only 10 miles away.
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December 05, 2025
Justices Take On State Court Review Doctrine Case
The U.S. Supreme Court agreed on Friday to consider whether an appellate court correctly invoked the doctrine blocking federal courts from reviewing state court judgments in a case concerning an involuntary hospital commitment.
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December 05, 2025
Georgia Turns To 11th Circ. In Trans Prisoner Care Fight
The Eleventh Circuit will get a chance to weigh in on a district judge's recent decision requiring the Georgia Department of Corrections to provide hormone therapy to transgender inmates, according to a Friday filing in federal court.
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December 05, 2025
CDC Panel Ends Recommendation Of Hepatitis B Shot At Birth
A panel of federal vaccine advisers on Friday voted to lift a long-standing recommendation that all newborns be given vaccinations for hepatitis B.
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December 04, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
Is the False Claims Act constitutional? Will Mark Zuckerberg be deposed in high-profile privacy litigation? Did a major drugmaker's shenanigans cost investors nearly $7 billion? That's a small sample of the intriguing legal questions we're exploring in this preview of December's top appellate action.
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December 04, 2025
11th Circ. Blocks Fla. City's Abortion Clinic Buffer Zone Law
The Eleventh Circuit on Thursday ordered a preliminary injunction blocking a Clearwater, Florida, ordinance requiring a 5-foot buffer zone outside an abortion clinic, finding the city likely violated protesters' rights by burdening their ability to leaflet drivers.
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December 04, 2025
Trans Defendants Deserve 'Basic Respect,' Experts Say
The case of Justice Brett Kavanaugh's would-be assassin, who came out as a transgender woman following her arrest, illustrates how criminal courts can be unprepared for, or even hostile to, trans defendants, and experts tell Law360 that courts can make significant inroads by showing trans people a modicum of respect.
Expert Analysis
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Navigating DEA Quotas: Key To Psychedelics Industry Growth
As new compounds like DOI enter the Schedule I landscape, manufacturers who anticipate U.S. Drug Enforcement Administration quota regulations, and build quota management into their broader strategy, will be best equipped to meet the growing demand, say Kimberly Chew at Husch Blackwell and Jaime Dwight at Promega.
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Federal Acquisition Rules Get Measured Makeover
The Trump administration's promised overhaul of the Federal Acquisition Regulation is not a revolution in rules, but a meaningful recalibration of procurement practice that gives contracting officers more space to think, to tailor and to try, say attorneys at Mayer Brown.
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Series
Mindfulness Meditation Makes Me A Better Lawyer
Mindful meditation enables me to drop the ego, and in helping me to keep sight of what’s important, permits me to learn from the other side and become a reliable counselor, says Roy Wyman at Bass Berry.
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Lessons From 7th Circ. Decision Affirming $183M FCA Verdict
The Seventh Circuit's decision to uphold a $183 million False Claims Act award against Eli Lilly engages substantively with recurring materiality and scienter questions and provides insights into appellate review of complex trial court judgments, say Ellen London at London & Naor, Li Yu at Bernstein Litowitz and Kimberly Friday at Osborn Maledon.
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AI Litigation Tools Can Enhance Case Assessment, Strategy
Civil litigators can use artificial intelligence tools to strengthen case assessment and aid in early strategy development, as long as they address the risks and ethical considerations that accompany these uses, say attorneys at Barnes & Thornburg.
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Attys Beware: Generative AI Can Also Hallucinate Metadata
In addition to the well-known problem of AI-generated hallucinations in legal documents, AI tools can also hallucinate metadata — threatening the integrity of discovery, the reliability of evidence and the ability to definitively identify the provenance of electronic documents, say attorneys at Law & Forensics.
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Calif. Justices Continued Anti-Arbitration Trend This Term
In the 2024-2025 term, the California Supreme Court justices continued to narrow arbitration's reach under state law, despite state courts' extreme caseload backlog and even as they embraced contractual autonomy in other contexts, says Josephine Petrick at The Norton Law Firm.
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Steps For Healthcare Providers After Cigna ERISA Settlement
Following the Cigna class action's settlement, where Employee Retirement Income Security Act violations arose from Cigna's online provider directory advertising providers as in-network who were actually out-of-network, providers should routinely audit their contract status and directory listings, and proactively coordinate with plans and payor partners, say attorneys at ArentFox Schiff.
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DOJ's UnitedHealth Settlement Highlights New Remedies Tack
The use of divestitures and Hart-Scott-Rodino Act compliance in the recent U.S. Department of Justice settlement with UnitedHealth Group and Amedisys underscores the DOJ Antitrust Division's willingness to utilize merger remedies under the second Trump administration, say attorneys at Buchanan Ingersoll.
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When Atty Ethics Violations Give Rise To Causes Of Action
Though the Model Rules of Professional Conduct make clear that a violation of the rules does not automatically create a cause of action, attorneys should beware of a few scenarios in which they could face lawsuits for ethical lapses, says Brian Faughnan at Faughnan Law.
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What's New In FDA's Latest Cell And Gene Therapy Guidance
New draft guidance from the U.S. Food and Drug Administration, along with other recent initiatives, come together to promote cell and gene therapy product development by streamlining development and review pathways, say attorneys at Holland & Knight.
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H-1B Fee Guidance Is Helpful But Notable Uncertainty Persists
Recent guidance narrowing the scope of the $100,000 entry fee for H-1B visas will allow employers to plan for the hiring season, but a lack of detail about the mechanics of cross-agency payment verification, fee exemptions and other practical matters still need to be addressed, say attorneys at Klasko Immigration Law Partners.
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Risk Mitigation For Psychedelic Use In Reproductive Health
With the rising use of psychedelics among women of reproductive age and the absence of clear professional guidelines regarding risk labeling, healthcare providers and facilitators should adopt proactive, evidence-based approaches to mitigate malpractice liability risks, say Kimberly Chew at Husch Blackwell and Sara Shoar at the University of Southern California.
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Justices' LabCorp Punt Leaves Deeper Class Cert. Circuit Split
In its ruling in LabCorp v. Davis, the U.S. Supreme Court left unresolved a standing-related class certification issue that has plagued class action jurisprudence for years — and subsequent conflicting decisions among federal circuit courts have left district courts and litigants struggling with conflicting and uncertain standards, say attorneys at Cozen O'Connor.
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Series
Practicing Stoicism Makes Me A Better Lawyer
Practicing Stoicism, by applying reason to ignore my emotions and govern my decisions, has enabled me to approach challenging situations in a structured way, ultimately providing advice singularly devoted to a client's interest, says John Baranello at Moses & Singer.