Health

  • September 16, 2026

    Parties Clash Over Scope Of GIPA In DNA Test-Taker's Suit

    An Illinois federal judge is weighing whether the state's genetic privacy law protects against disclosing information about people who have taken genetic tests, with a DNA testing company accused of unlawfully sharing such information with Google arguing Wednesday the statute applies only to disclosure of actual test results.

  • September 16, 2026

    1st Circ. Seems Torn Over Health Plan Surcharge For Smokers

    A First Circuit panel appeared divided Wednesday over whether a casino company is required to refund tobacco use fees after smokers on the company's health plan complete a tobacco cessation program.

  • September 16, 2026

    NJ Judge Likens Hospital's NDA Rule To Soviet Policy

    A New Jersey state judge on Wednesday signaled uncertainty about whether a state-owned hospital can lawfully direct employees to keep quiet during internal investigations, at one point suggesting the nondisclosure agreement at issue looked like something written by a Cold War-era Soviet leader.

  • September 16, 2026

    McLaren Patients' Web Tracking Privacy Claims Advance

    A Michigan federal judge has allowed patients to move forward with claims that McLaren Health Care Corp. and the Barbara Ann Karmanos Cancer Institute allegedly intercepted their electronic communications and benefited from sensitive health information collected through tracking technology embedded in their websites.

  • September 16, 2026

    9th Circ. Revives Doctor's Medicare Sanctions Challenge

    A Ninth Circuit panel revived a doctor's constitutional due process challenge to a 10-year bar the Centers for Medicare and Medicaid Services imposed on his Medicare billing privileges, finding a district court wrongly concluded he had to first exhaust his administrative remedies.

  • September 16, 2026

    80 Hospitals End Suit Over Now Vacated HHS Payment Rule

    A group of 80 hospitals has voluntarily ended a lawsuit against the U.S. Department of Health and Human Services over denied Medicare payment appeals after a D.C. federal court vacated a 2023 rule affecting how those payments were calculated.

  • September 16, 2026

    6th Circ. Ruling Puts Cannabis Deals In Question

    The Sixth Circuit's decision reversing a $31.8 million jury judgment against cannabis giant Curaleaf on the grounds that marijuana is federally illegal is bound to have ramifications for industry players who seek redress in federal courts, attorneys told Law360.

  • September 16, 2026

    11th Circ. Asked To Overturn $184K ACA Employer Penalty

    A commercial laundry services company asked the Eleventh Circuit to reverse a Florida federal court's ruling that upheld a $184,000 payment to the IRS under the Affordable Care Act's employer shared responsibility provisions, saying it didn't receive notice of the penalty soon enough to lodge an effective appeal.

  • September 15, 2026

    States Say DOJ Trans Care Crackdown Is Unconstitutional

    States suing the Trump administration have urged a Massachusetts federal judge to strike down directives calling for providers of gender-affirming care to be investigated and prosecuted by the U.S. Department of Justice, arguing the directives are arbitrary and capricious and violate the Tenth Amendment.

  • September 15, 2026

    Express Scripts Accused Of Shorting Independent Pharmacies

    A dozen independent Arkansas pharmacies on Tuesday hauled Express Scripts into Missouri state court, accusing the pharmacy benefit management giant of continuously shorting them on prescription reimbursements despite Arkansas' efforts to combat underpayments.

  • September 15, 2026

    8th Circ. Revives Doctor's Suit Over COVID Speech Probes

    An Eighth Circuit panel on Tuesday revived a doctor's suit seeking an order limiting a Minnesota state medical board's ability to investigate him for his public statements related to the COVID-19 pandemic, finding a district court "set the bar too high" at the dismissal stage.

  • September 15, 2026

    Urology Tech Co. Can't Duck Antitrust Suit

    A New Hampshire federal judge has refused to let Laborie Medical Technologies Corp. escape a proposed class action accusing it of anticompetitively locking healthcare providers already using its urology devices into also using its single-use catheters instead of cheaper alternatives.

  • September 15, 2026

    CareTrust REIT Pays $400M For Southwest US Portfolio

    Real estate investment trust CareTrust said Tuesday that it has purchased a 2,622-bed portfolio of skilled nursing facilities located in the Southwest for $400 million.

  • September 15, 2026

    NJ Court Backs Judgment Tossing Wrongful-Death Claims

    A New Jersey appeals court panel on Tuesday affirmed judgments throwing out a woman's claims that Jersey City Medical Center, RWJBarnabas Health, Emergency Medical Associates and their employees caused the death of her husband, finding that her experts failed to link their actions with his death.

  • September 15, 2026

    Connecticut Wins Fight Over School Vaccine Exemptions

    Connecticut has won the dismissal of a challenge to its mandatory school vaccination laws, beating through both litigation and legislative amendments allegations by parents that the state's rollback of vaccine exemptions violated religious freedom statutes and the state and federal constitutions.

  • September 15, 2026

    Meet The Attys In The 340B Battle At 1st Circ.

    Gibson Dunn and Dunn Isaacson Rhee attorneys presented arguments Tuesday at the First Circuit over whether drug manufacturers can intervene in a challenge to a now-suspended drug rebate program for hospitals. Law360 profiles the attorneys.

  • September 15, 2026

    Mich. AG Says PBMs Put Opioid Profits Before Patient Safety

    Michigan Attorney General Dana Nessel has asked a federal court not to dismiss the state's lawsuit accusing pharmacy benefit managers including Express Scripts and Optum of abetting the opioid epidemic, arguing the PBMs are not passive administrators, but profit-driven architects of the crisis.

  • September 15, 2026

    Takeda Can't Decertify Amitiza Class After $885M Jury Loss

    A Massachusetts federal court refused Takeda's request to decertify a class of Amitiza buyers, after a jury awarded groups of purchasers a total of $885 million for claims that the drugmaker conspired to delay the launch of a rival generic version of the anti-constipation drug.

  • September 15, 2026

    7th Circ. Debates Federalism, Bad-Faith Prosecution Limits

    A case deemed moot by the Seventh Circuit nonetheless drew commentary Monday from several judges on the court, with four calling an injunction that blocked Florida from pursuing a state court suit over youth gender-affirming care a "grievous blow" to federalism, while others said federal intervention is a "constitutional safety valve" against bad-faith prosecutions.

  • September 15, 2026

    FDA Seeks Applications For Project To Speed Up Human Trials

    Federal regulators on Tuesday launched a pilot program that will pair pharmaceutical companies with research institutions in an effort to make it faster and easier to conduct clinical trials on humans in the United States.

  • September 15, 2026

    1st Circ. Suggests Appeal In Drug Rebate Case May Be Moot

    A First Circuit panel raised mootness concerns as it heard arguments Tuesday from drug companies appealing a ruling that prevented them from intervening in a now-dismissed case to defend a rebate model for a federal drug-pricing program. 

  • September 15, 2026

    Insurers Can't Nix $195M Opioid Coverage Bid, Trustee Says

    Chubb, Liberty Mutual and Lloyd's of London units and other insurers can't get off the hook for covering the remainder of third-party payor opioid lawsuits against Endo International, a representative for a trust of the bankrupt pharmaceutical company told a Pennsylvania federal court.

  • September 15, 2026

    ITC To Eye Part Of Judge's Decision In Medical Dilation Row

    The full U.S. International Trade Commission is set to look at parts of an agency judge's ruling in favor of medical technology company Stryker Corp. in a fight against imports it said infringed its patents on balloon dilation products used in ear, nose and throat procedures.

  • September 15, 2026

    Tax Court Can't Override Insurance Regulators, 5th Circ. Told

    The U.S. Tax Court incorrectly overstepped state insurance regulators in holding that an ophthalmology practice's microcaptive insurance arrangements lacked economic substance, an eye doctor and his wife told the Fifth Circuit in asking for a reversal of the ruling.

  • September 15, 2026

    Molina Escapes Investor Action Over Guidance Cuts, For Now

    Health insurance provider Molina Healthcare and two of its executives have, for now, escaped a shareholder suit accusing them of misleading investors about medical costs and internal controls before the company repeatedly slashed its 2025 earnings guidance, with a California federal judge finding that none of the suit's challenged statements are actionable.

Expert Analysis

  • Class Actions At The Circuit Courts: May Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from cases involving allegations of Title VII violations, the Employment Retirement Income Security Act, prison dental care violations and overcharging for PACER access.

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Engaging With FDA's New Complete Response Letter Policy

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    A citizen petition filed with the U.S. Food and Drug Administration last month puts renewed focus on the agency's practice of releasing complete response letters in near real time, materially altering the context in which life sciences companies communicate with investors regarding regulatory developments, say attorneys at Debevoise.

  • Tracking Tech Suit Is A Risk Management Reminder For Cos.

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    The Fifth Circuit recently heard oral argument in Rand v. Eyemart Express — an appeal that could reshape the legal landscape for businesses that deploy tracking tech on their websites — underscoring the importance of proactive risk management for companies across multiple industries, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • Trump's Psychedelics EO Creates A Regulatory Collision

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    Sponsors pursuing U.S. Food and Drug Administration approval for psychedelic drug access must tackle how to generate regulatory-grade safety and efficacy data in controlled trials when President Donald Trump's recent executive order on psychedelics mandates uncontrolled access through Right to Try, say Kimberly Chew at Husch Blackwell and Odette Hauke at Odette Alina.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • AI Regulatory Gaps May Fuel FCA Enforcement Action

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    The intersection of artificial intelligence and False Claims Act enforcement presents legal risk for government contractors across several industries, particularly in the absence of a federal regulatory framework explicitly governing its development and use, say attorneys at O’Melveny.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • 'Skinny Label' Arguments Spotlight Induced Infringement Risk

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    Recent oral arguments before the U.S. Supreme Court in Hikma Pharmaceuticals v. Amarin Pharma highlight the uncertain boundary between lawful generic competition through so-called skinny labels and induced patent infringement, with potential implications for patent holders’ communication, enforcement and causation strategies across industries, says Anton Hopen at Trenam.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • EPA Listing Signals New Scrutiny Of Drugs In Drinking Water

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    The recent publication of the U.S. Environmental Protection Agency's latest draft drinking water contaminant list highlights pharmaceuticals as a category of concern, marking the start of a process that could shape future research priorities, monitoring requirements, and federal and state actions, say attorneys at Morgan Lewis.

  • Opinion

    5th Circ.'s Abortion Pill Order Is Shaky On Multiple Grounds

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    The Fifth Circuit's recent order in Louisiana v. U.S. Food and Drug Administration, reinstating an in-person dispensing requirement for the abortion medication mifepristone, seems to turn federalism upside-down, and is also questionable for several other reasons, says Gregory Curtner at Curtner Law.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

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    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

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