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Health
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November 21, 2025
Hyperbaric Chamber Death Suit Not Covered, Insurers Say
Two Nationwide insurers said they have no duty to defend or indemnify a hyperbaric oxygen therapy center or its employees in a suit over the death of a 5-year-old boy, telling a Michigan federal court that there was no bodily injury or property damage caused by an occurrence, or accident.
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November 21, 2025
Ex-Gordon Rees Atty Reprimanded For Mistakes Blamed On AI
An Alabama bankruptcy judge won't sanction Gordon Rees Scully Mansukhani LLC for a filing submitted by one of its former lawyers that contained mistakes blamed on artificial intelligence, but has reprimanded the attorney and ordered her to notify her clients about the reprimand.
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November 21, 2025
1st Circ. Clears IT Co. In Suit Over Zoll Patient Data Breach
An information technology company cannot be held liable for a data breach exposing the health information of patients of a unit of medical device maker Zoll Medical Corp, the First Circuit ruled, because the two companies did not have a business relationship permitting them to hold one responsible for another's conduct.
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November 20, 2025
Texas Sues Bristol-Myers For Alleged Drug Misrepresentations
The Texas Office of the Attorney General sued pharmaceutical companies Bristol-Myers Squibb and Sanofi in Texas state court, claiming Thursday the companies failed to disclose that a lucrative blood thinner used to prevent heart attacks and strokes does not work as well on certain minority patients.
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November 20, 2025
Invisalign-Maker's Sweetened $32M Antitrust Payout OK'd
A California federal judge who previously rejected Invisalign-maker Align Technology's $27.5 million antitrust deal with SmileDirectClub buyers because it included a coupon program said Thursday he will approve a revised deal, which provides for an all-cash $31.75 million payout.
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November 20, 2025
11th Circ. Upholds Pregnancy Center Vandalism Conviction
The Eleventh Circuit on Thursday upheld a 120-day prison sentence for a Florida woman convicted of vandalizing crisis pregnancy centers across the state, disagreeing that she cannot be prosecuted under a conspiracy statute for violating the Freedom of Access to Clinic Entrances Act.
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November 20, 2025
DocGo Investors Get First OK For $12.5M Settlement
Investors of mobile medical provider DocGo have received preliminary approval of their $12.5 million settlement of claims that the company deceived stockholders before a $432 million contract with New York City to provide emergency migrant housing came under public scrutiny.
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November 20, 2025
Pharmacist, Brother Sentenced To Prison In $15M Fraud Case
A Michigan pharmacist and his brother were sentenced Thursday to spend years in prison and pay $15 million in restitution for their roles in a nine-year conspiracy to defraud Medicare and Medicaid, with a federal judge saying the prison time was warranted as a deterrent to healthcare fraud activity.
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November 20, 2025
Pharma Cos. Seek Early Win In States' Price-Fixing Lawsuit
A collection of states failed to prove an overarching conspiracy among 25 separate pharmaceutical companies to fix the prices of generic drugs, most of them dermatology formulations, the drugmakers argued Wednesday in support of a bid for an early win on one element of dozens of antitrust claims.
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November 20, 2025
5th Circ. Seeks Interpretation Of Miss. Health Decisions Law
A Fifth Circuit panel asked the Mississippi Supreme Court on Thursday to clarify an "ambiguous" state law that sets out which family members can act as surrogates and make healthcare decisions for relatives without the capacity to decide for themselves.
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November 20, 2025
Where Apple And Masimo's Watch Patent Fight Stands Now
The high-octane fight between Apple and Masimo over smartwatch patents escalated again last week, when a California federal jury hit Apple with a $634 million infringement verdict and the U.S. International Trade Commission agreed to assess whether its redesigned products infringe Masimo's patents.
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November 20, 2025
Ala. County Must Face Inmate Death Claim, 11th Circ. Rules
An Eleventh Circuit panel ruled Thursday that no Alabama state law prevents a county from facing liability for an incarcerated person's death after substandard healthcare from a third-party medical provider the county hired.
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November 20, 2025
NY Medical Cannabis Cos. Say State Flubbed Enforcement
The large, vertically integrated companies that make up New York's medical cannabis trade have accused New York's marijuana regulators in state court of failing to halt the flow of illicit pot products into the state's regulated marketplace.
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November 20, 2025
Teva, Cooper Cos. Argue FDA Approval Barred IUD Update
Teva Pharmaceuticals on Thursday urged a Georgia federal judge to hand it a summary judgment win ahead of a bellwether trial in multidistrict litigation over an IUD's alleged propensity for breakage, arguing a U.S. Food and Drug Administration approval blocks claims over the product's design and warning labels.
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November 20, 2025
Blue Shield Of California, Magellan Sued Over 'Ghost Network'
Blue Shield of California and Magellan Health maintain a "ghost network" directory of mental health providers who don't exist or don't accept new patients, leading customers to hit a dead end or desperately resort to expensive out-of-network providers, according to a proposed class action filed Wednesday in California federal court.
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November 20, 2025
10th Circ. Weighs Colo. Law On Healthcare Sharing Plans
A Tenth Circuit panel grappled Thursday with how the court should interpret a Colorado law requiring entities not authorized to offer insurance in the state to report certain information about their healthcare sharing plans, in an appeal by a religious trade group challenging the law's constitutionality.
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November 20, 2025
NC Judge Halts Medicaid Cuts For Autism Services
A North Carolina state court judge blocked the state's Health and Human Services Department from implementing a 10% cut to Medicaid reimbursement rates for autism therapy after finding children who benefit from that therapy would be irreparably harmed.
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November 20, 2025
Ute 'Healer' Convicted Of Sexual Abuse Over 12 Years
A Colorado tribal member has been convicted of sexually assaulting four women and a child over the past dozen years, the U.S. Department of Justice says, after he allegedly established himself as a traditional Indigenous healer to exploit his victims.
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November 20, 2025
Claims Firms Barred From Misleading Plaintiffs In Pharma MDL
On the same day that a Philadelphia federal judge approved $58 million in settlements as part of an ongoing generic-drug price-fixing multidistrict litigation, she also ordered several claims recovery firms to correct allegedly false and misleading ads used to attract potential clients seeking to make claims on the settlements.
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November 20, 2025
Trump Pardons Nursing Home Owner In $39M Tax Fraud
President Donald Trump granted clemency to a nursing home operator who had been sentenced to three years in prison for a $39 million employment tax fraud scheme involving care centers he owned across the country.
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November 20, 2025
Hospital's Challenge To EEOC Disability Bias Suit Falls Short
A Michigan hospital can't escape a U.S. Equal Employment Opportunity Commission suit claiming it unlawfully refused to transfer a nurse with a metabolic disorder to a less demanding position, with a federal judge saying the hospital hadn't shown the court erred when it sent the case to a jury.
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November 20, 2025
2 Firms Guide Abbott's $23B Deal With Cologuard Maker
Wachtell Lipton Rosen & Katz and Skadden Arps Slate Meagher & Flom LLP are steering Abbott's planned $23 billion acquisition of Exact Sciences, in a deal announced Thursday that will give the medical device maker an immediate foothold in fast-growing U.S. cancer screening markets.
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November 19, 2025
Senior Living Co. Inks $7.2M Deal To End Wash. AG's Probe
Oregon-based senior living provider Bonaventure will invest $7 million in staffing and upgrades and shell out $200,000 in resident credits to resolve allegations of substandard care at 10 Washington state facilities, under a settlement filed Wednesday.
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November 19, 2025
DaVita Reaches Tentative Deal In Patients' Data Breach Suit
DaVita Inc. has reached a settlement in principle with current and former patients of the healthcare company who alleged in Colorado federal court that it did not adequately protect their personal information, resulting in an April data breach.
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November 19, 2025
Fla. Congresswoman Accused Of Stealing $5M In FEMA Funds
A Florida congresswoman was indicted on charges that she stole $5 million in COVID-19 disaster relief funds through her family-run healthcare business and used the money to fund her 2021 campaign, federal prosecutors said on Wednesday.
Expert Analysis
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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7 Ways To Fetch Patents In The World Of Working Animals
Though developers rarely file patents related to working animals, and animal training techniques are generally considered unpatentable, certain aspects of training and developing animals may be ripe for patent protection, say Matthew Avery at Baker Botts, Makenzi Galvan at Perkins Coie and Lute Yang at Orrick.
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9th Circ.'s Kickback Ruling Strengthens A Prosecutorial Tool
The Ninth Circuit's decision last month in U.S. v. Schena, interpreting the Eliminating Kickbacks in Recovery Act to prohibit kickback conduct between the principal and individuals who do not directly interact with patients, serves as a wake-up call to the booming clinical laboratory testing industry, say attorneys at Kendall Brill.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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4th Circ. Clarifies Employer Duties For ADA Accommodations
The Fourth Circuit's recent decision in Tarquinio v. Johns Hopkins indicates that an employer's obligation to provide accommodations under the Americans with Disabilities Act may never arise if an employee obstructs the process, underscoring that ADA protections depend on cooperation between both parties, say attorneys at Hunton.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Opinion
Fla. Misses Opportunity To Rectify Wrongful Death Damages
Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.
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Budget Act Should Boost Focus On Trade Compliance
Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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New Colo. Teen Privacy Rules Signal National Regulatory Shift
Recently released proposed rule amendments to the Colorado Privacy Act that would create some of the most robust protections for minors' online data in the U.S. reflect an ongoing trend of states taking steps to extend privacy protection for their residents, complicating the compliance burden for companies, say attorneys at Morgan Lewis.
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A Shifting Trend In FDA Form 483 Disclosure Obligations
A New York federal court's Checkpoint Therapeutics decision extends a recent streak of dismissals of securities class actions alleging that pharmaceutical companies failed to disclose U.S. Food and Drug Administration Form 483 inspection reports, providing critical guidance for companies during the FDA approval process, say attorneys at Alston & Bird.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Mitigating Employer Liability Risk Under Sex Assault Rule
The American Law Institute's newly approved rule expands vicarious liability to employers for certain sexual assaults that employees commit, which could materially increase employers' exposure unless they strengthen safeguards around high-risk roles, say attorneys at Morgan Lewis.
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Breaking Down The Proposed Hemp Bill
A proposed bill in the U.S. House of Representatives, recently approved by the House Appropriations Committee, contains a rider that would significantly change the definition of hemp and dramatically reshape the current hemp-derived product market, say attorneys at King & Spalding.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.