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October 21, 2025
Food Co. Strikes $4.7M Deal To End ERISA Tobacco Fee Suit
Food distributor Performance Food Group will pay $4.7 million to settle a proposed class action alleging it violated federal benefits law by charging tobacco users in its health plan an extra fee, according to a filing in Virginia federal court.
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October 20, 2025
USCIS Guidance Gives Scope Of New $100K H-1B Fee
The $100,000 fee requirement for H-1B visas that took effect last month applies to new H-1B petitions filed on behalf of applicants who are outside the United States, U.S. Citizenship and Immigration Services said Monday.
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October 20, 2025
Novo Nordisk Trial Kicks Off Over Kickback Allegations
Lawyers in a federal whistleblower lawsuit against drugmaker Novo Nordisk Inc. on Monday offered to take jurors "behind the curtain" of what they claimed was an illegal scheme by the pharmaceutical company to bribe doctors and patients in order to boost sales of a pricey hemophilia drug, NovoSeven.
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October 20, 2025
NJ Asks If Experts Are Needed For Mental Defenses
New Jersey's Supreme Court on Monday heard arguments on whether expert testimony is needed to advance insanity or diminished capacity defenses in two murder cases, with defense attorneys and the American Civil Liberties Union arguing state lawmakers intended juries, with or without doctors, to evaluate evidence regarding state of mind.
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October 20, 2025
Drugmakers Say Conn. Law Illegally Extends Beyond State
A group of generic drug manufacturers has asked a Connecticut federal court to block the enforcement of a new price-control law against sales that occur outside of Connecticut, claiming that the law violates the U.S. Constitution.
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October 20, 2025
Colo. High Court Upholds $40M Award In Med Mal Cap Suit
The Colorado Supreme Court Monday unanimously ruled that a jury retains its authority to award damages exceeding the state's $1 million cap on medical malpractice damages subject to certain court authority, upholding a nearly $40 million judgment against a state hospital.
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October 20, 2025
Ex-Cano Health CEO Settles $70M Suit Over Failed Dental Deal
The ex-CEO of formerly bankrupt Cano Health Inc. has settled a $70 million lawsuit in Florida state court by a dental services provider that sought to hold him personally liable for the collapse of its business after a deal with Cano Health went sour.
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October 20, 2025
Sterigenics Nears Win In Georgia Ethylene Oxide Litigation
Sterigenics Inc. notched two significant wins in sprawling litigation over its alleged emissions of carcinogenic ethylene oxide at an Atlanta-area plant, as a Georgia state court judge tossed residents' specific causation claims and allegations that the plant's activities constituted a private nuisance.
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October 20, 2025
Tylenol Maker Tells FDA Not To Add Autism Warning
Tylenol maker Kenvue on Friday told the U.S. Food and Drug Administration to reject a call to add warnings about the risk of using acetaminophen during pregnancy, saying that "expansive" scientific evidence shows there is no proven link between the over-the-counter drug and autism.
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October 20, 2025
'A Total Mess': Judge Slams Calif. Privacy Law's Ambiguity
California's Invasion of Privacy Act "is a total mess" that routinely requires courts to make "borderline impossible" decisions about how to apply the law's language to new technologies, a San Francisco federal judge commented in an order Friday, pleading for state lawmakers to bring the law into the 21st century.
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October 20, 2025
Lab Cos. Seek $542M For COVID Testing Reimbursement
Three New York-based COVID-19 testing companies sued the federal government in the U.S. Court of Federal Claims seeking more than $542 million in damages over the government's alleged refusal to reimburse them for providing testing services to uninsured individuals.
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October 20, 2025
21 AGs Back Planned Parenthood In Funding Freeze Fight
A coalition of attorneys general from 21 Democrat-led states chimed in on Monday in support of Planned Parenthood's case challenging the Trump administration's push to cut off Medicaid reimbursements to its centers and affiliates, saying more than a million people could lose healthcare access if the First Circuit doesn't halt the move.
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October 20, 2025
More Fed. Workers Added To TRO Blocking Shutdown Layoffs
A California federal judge who blocked the Trump administration from laying off workers from two unions representing thousands of federal workers has expanded her temporary restraining order to include three more unions and also clarified that the order covered workers with union contracts that the administration is seeking to ditch.
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October 20, 2025
Catching Up With Delaware's Chancery Court
This past week, the Delaware Chancery Court and Supreme Court handled a crowded corporate docket, weighing blockbuster merger appeals, shareholder settlement objections, fights over control involving an NBA franchise and a high-profile appeal from Elon Musk involving a massive payday from Tesla.
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October 20, 2025
Justices Won't Review Repeat Indictment For Medicare Fraud
The U.S. Supreme Court let stand Monday the repeat indictment of a health clinic manager for what the Second Circuit called a massive, yearslong scheme to submit false claims to Medicare and Medicaid, effectively rejecting the manager's claims that his original trial was irreparably delayed.
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October 20, 2025
Top Court Won't Hear Chicago Hospital's Medicaid Dispute
The U.S. Supreme Court on Monday refused to review a decision by the full Seventh Circuit holding that a Chicago hospital can't sue the state of Illinois to force the managed care organizations it contracts with to make timely Medicaid payments, rejecting a petition that argued another case on the high court's docket "will likely decide the outcome" in this one.
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October 20, 2025
High Court Won't Hear Hospital Vax Mandate Case
The U.S. Supreme Court said Monday it won't review a decision backing a hospital's termination of a group of workers who refused to get COVID-19 vaccinations.
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October 20, 2025
Justices Won't Review Merck's Immunity From Vaccine Claims
The U.S. Supreme Court refused Monday to review a decision immunizing Merck & Co. from claims that it blocked competition by making false submissions to federal regulators for its mumps vaccine.
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October 17, 2025
Nursing Exec Denied New Trial On Wage-Fixing Claims
A Nevada federal judge has denied a new trial to a nursing executive convicted of wage-fixing conspiracy and wire fraud after he claimed the U.S. Department of Justice misled the jury about sweetheart terms of a cooperation deal with another company.
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October 17, 2025
Injury Law Roundup: Uber Wins Bellwether Sex Assault Trial
In our inaugural Injury Law Roundup, juries in the Golden State were busy as Uber won a closely watched sexual assault trial and Johnson & Johnson got crushed with a near $1 billion verdict in a talc case, while Boies Schiller Flexner LLP admitted to an artificial intelligence gaffe in a sex-assault-related case. Here, we put Law360 readers on notice of what's been recently trending in personal injury and medical malpractice news.
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October 17, 2025
Mixed Discretionary Denial Batch Caps Off Big Week For PTAB
Deputy U.S. Patent and Trademark Office Director Coke Morgan Stewart allowed 19 Patent Trial and Appeal Board petitions to go forward while denying 21 others on Friday, concluding a week that saw major reforms at the PTAB.
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October 17, 2025
Insys Ex-CEO Babich Agrees To $30M Trustee Deal In Del.
Former Insys Therapeutics CEO Michael Babich has consented to a $30 million settlement amid a bankruptcy trustee's efforts to recover tens of millions in damages from company officials tied to Insys' aggressive marketing of the opioid painkiller Subsys, according to a Delaware Court of Chancery settlement filed early on Friday.
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October 17, 2025
Texas Appeals Court Revives Yelp Abortion Notice Suit
The statewide Texas appeals court revived Texas' claims that Yelp misled customers about crisis pregnancy centers' limited services, finding that a lower court got it wrong by tossing the suit for lack of personal jurisdiction.
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October 17, 2025
Atty Quits Ga. Bar's 'Facade' Committee On Client Solicitation
A Georgia attorney resigned Friday as head of the state bar's committee on attorney-client solicitation, accusing the bar of not even "reaching for a garden hose" while unlawful solicitation of accident victims has spread "like wildfire" across the Peach State.
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October 17, 2025
CVS Can't Dodge Tobacco Surcharge Suit, Employee Says
CVS shouldn't be allowed to escape a proposed class action claiming it illegally charged higher fees to health plan participants and their spouses due to their use of tobacco, an employee argued Friday, urging a California federal court to reject the company's assertion that he didn't have standing.
Expert Analysis
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Psychedelic Treatment Regs May Be At A Tipping Point
Recent scientific and public attention suggest that development of psychedelics as treatment for some conditions may be at a tipping point, which could bring on more rapid change and opportunities for stakeholders who may in the future benefit from greater access to safe and effective psychedelic medicines, say attorneys at King & Spalding.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Focusing On Fluoride: From FDA To Class Action
A class action filed two days after the U.S. Food and Drug Administration announced plans to remove ingestible fluoride prescription drug products for children from the market may be the tip of the iceberg in terms of the connection between government pronouncements on safety and their immediate use as evidence in lawsuits, says Rachel Turow at Skadden.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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How Ore. Law Puts New Confines On Corp. Health Ownership
A newly enacted law in Oregon strengthens the state’s restrictions on corporate ownership of healthcare practices, with new limitations on overlapping control, permissible services, restrictive covenants and more making it necessary for practices to review decades-old physician practice arrangements, say attorneys at Ropes & Gray.
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Handling Revenue Cycle Management Disputes In The AI Age
As healthcare providers and revenue cycle management vendors face an increasing use of artificial intelligence in claims adjudication, it's important for providers and their general counsel to plan in advance for potential disagreements with vendors and investigate the root causes behind any underperformance that arises, say consultants at AlixPartners.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Trump Antitrust Shift Eases Pressure On Private Equity Deals
Enforcement actions and statements by Trump administration antitrust officials forecast a shift away from specifically targeting private equity activity, which should be welcome news to dealmakers, but firms shouldn't expect to escape traditional antitrust scrutiny, says Nathaniel Bronstein at Fried Frank.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Prepare For Increased FDA Inspections Of Foreign Facilities
In light of the U.S. Food and Drug Administration's recently announced plans to expand use of unannounced inspections of foreign drug manufacturing factories, foreign firms should implement best practices in anticipation of an imminent increase in enforcement activity, say attorneys at McGuireWoods.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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Opinion
Legacy Of 3 Justices Should Guide Transgender Rights Ruling
Three Republican-appointed U.S. Supreme Court justices — Anthony Kennedy, Sandra Day O'Connor and David Souter — gave rise to a jurisprudence of personal liberty that courts today invoke to protect gender-affirming care, and with the court now poised to decide U.S. v. Skrmetti, it must follow the path that they set, says Greg Fosheim at McDermott.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.