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Health
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March 15, 2024
'Cobra Venom' Painkiller Co. Inks Deal To Settle SEC Claims
A penny stock company that previously held itself out as a maker of cobra venom-infused pain drugs has agreed to resolve U.S. Securities and Exchange Commission fraud claims, according to court filings that note the company's two principals have also reached a settlement.
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March 15, 2024
Ohio Ambulance Co. Says HR Firm Botched Tax Returns
An Ohio ambulance company accused its human resources management firm of failing to accurately prepare and submit amended tax returns that would have allowed the company to claim pandemic-era tax credits, according to a complaint filed in an Ohio federal court.
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March 15, 2024
Pa. University Knocks Out Surgeon's $15M Sex Bias Win
A Pennsylvania federal judge has erased a $15 million verdict won by a surgeon who said Thomas Jefferson University ignored his claims that a female resident sexually assaulted him, ruling that text messages he sent warranted a new trial.
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March 15, 2024
Hospitals Say Constitutional Defenses Valid In FTC Merger Row
Two North Carolina hospital systems shot back at the Federal Trade Commission's contention that constitutional defenses are immaterial to the agency's challenge of a $320 million merger plan, arguing that case law shows that striking the positions would be premature.
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March 15, 2024
Ex-Fugitive Behind Fake Silver COVID Cure Pleads Guilty
A former fugitive who was accused of peddling a phony, silver-based treatment for diseases such as COVID-19 pled guilty Thursday just before opening statements were set to begin at his fraud trial.
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March 15, 2024
Conservative Law Group Asks Justices To Hear FDA Vape Suit
A free-market advocacy group and a vape industry association are urging the U.S. Supreme Court to upend the U.S. Food and Drug Administration's decision denying a manufacturer permission to sell flavored vapes, arguing that the FDA is "moving the goalposts" when it comes to what kind of data is needed when applying.
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March 14, 2024
Dallas Hospital Says Woman Wasn't Fired For Blowing Whistle
Methodist Hospital of Dallas says it didn't retaliate against an employee who accused the hospital of undercounting patients who acquired conditions while hospitalized, asking a federal judge Wednesday to rule that it followed the Texas Health and Safety Code.
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March 14, 2024
Lawmakers Secure $1.3B For Native American Housing
A record $1.34 billion will go toward Native American housing programs as part of an appropriations package passed by Congress, a $324 million increase over last year's funding.
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March 14, 2024
Feds Say Healthcare Ruling Could Upset Tribal Relationships
The federal government is urging the U.S. Supreme Court to overturn a lower court's ruling that ordered Indian Health Services to reimburse millions in administrative healthcare costs, saying if the two tribes prevail in the litigation, it would upend 35 years of practice between the agency and its contracting tribes.
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March 14, 2024
Judge Applauds Attys' 'Very Awesome' Use Of Google AI Bot
A California federal judge told counsel Thursday it's "very awesome" that their recently amended putative class action complaint alleging privacy violations against Google used Google's own AI tool to argue that Google Analytics illegally scoops personal data from healthcare providers' websites, but he doubted the viability of other pleadings.
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March 14, 2024
NC Tells Appeals Court Worker Was Transferred, Not Demoted
The state of North Carolina has asked a state appeals court to uphold a state agency's determination that a Department of Health and Human Services employee was not unlawfully demoted, arguing that the facts indicate that the worker was merely reassigned.
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March 14, 2024
Colo. Surgery Center Can't Undo Contract Breach Verdict
A Colorado appellate panel saw no reason to disturb a jury's half-million-dollar verdict finding a surgery center breached a contract with a management firm and failed to pay for work outside the contract, concluding that even if jurors got the wrong instructions, they wouldn't have made a different decision.
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March 14, 2024
Extended Workers' Comp Needs High Bar, NC Justices Told
The North Carolina Department of Public Safety told the state's top court Wednesday that injured workers must clear a higher hurdle to keep collecting disability benefits after their initial workers' compensation runs out, saying an appellate court got it wrong by applying a more lax standard.
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March 14, 2024
Cannabis Cos. Say Federal Position On Pot Is Irrational
The federal ban on marijuana is plainly irrational and negatively affects operators in state-regulated cannabis markets, depriving them of their constitutional rights, a group of marijuana companies told a Massachusetts federal judge on Friday.
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March 14, 2024
PE-Backed Latin American Healthcare Firm Prices $420M IPO
Private equity-backed Latin American hospital operator Auna SA on Thursday set a price range on an estimated $420 million U.S. initial public offering, with plans to use the proceeds to repay debt and financing agreements.
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March 14, 2024
NJ Urologist Keeps Win In Prostate Procedure Med Mal Suit
A New Jersey appeals panel won't let a man revive his claims alleging a urologist botched a prostate procedure resulting in his inability to ejaculate, finding the trial court was correct in finding that his standard of care expert should be excluded.
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March 14, 2024
8th Circ. Questions Patient Standing In ERISA Claims Dispute
An Eighth Circuit panel appeared skeptical Thursday of reviving a suit from patients insured by UnitedHealth Group alleging a billing practice known as cross-plan offsetting violated federal benefits law, with judges questioning whether the patients sufficiently established injury.
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March 14, 2024
Health Co. Says Future Harm Risk Falls Short In Breach Suit
New Jersey healthcare provider Capital Health System urged a Garden State federal judge on Wednesday to toss a proposed class action seeking damages as a result of a 2023 data breach, arguing that the plaintiffs failed to allege their personal identifying information was actually misused.
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March 14, 2024
2nd Circ. Backs Health System's Win In COVID Vax Bias Suit
The Second Circuit declined Thursday to reopen a former NYC Health and Hospitals employee's suit alleging he was fired because he refused to get the COVID-19 vaccine in accordance with his Christian beliefs, saying his new arguments on appeal can't be considered.
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March 14, 2024
Feds Seek 20 Mos. For Aegerion Fraud 'Puppet Master'
A pharmaceutical sales representative who gloated about being a "puppet master" for false insurance claims for Aegerion's cholesterol drug should serve 20 months in prison, the U.S. government has told a Boston federal judge.
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March 14, 2024
Ariz. AG Says Delta-8 THC Products Unlawful For General Sale
Arizona's attorney general has issued a formal legal opinion finding that retailers who are not approved to sell marijuana cannot lawfully sell intoxicating products derived from hemp, such as products containing delta-8 THC and delta-10 THC.
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March 14, 2024
Drug Wholesalers Want Preliminary OK On $265M Sandoz Deal
A group of direct purchasers of generic drugs has asked a Pennsylvania federal court for approval of a $265 million settlement with Swiss drugmaker Sandoz over allegations of federal antitrust violations.
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March 14, 2024
Trial Challenging NC Abortion Restrictions Pushed To July
A July trial date has been set in a closely watched constitutional challenge seeking to dismantle a state law that restricts access to abortions in North Carolina after 12 weeks, marking a pushback from the court's earlier projected spring timetable for the trial.
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March 14, 2024
EPA Slashes Ethylene Oxide Emissions Levels For Sterilizers
The U.S. Environmental Protection Agency on Thursday finalized new Clean Air Act standards that it said will reduce emissions of ethylene oxide from commercial sterilization facilities by 90%, an action the agency said is necessary to help reduce the impact of the carcinogen on communities.
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March 13, 2024
TriZetto's $200M Jury Awards Thrown Out In Syntel Dispute
A New York federal judge on Wednesday vacated roughly $200 million in damages awards Cognizant affiliate TriZetto won in a trade secret misappropriation and copyright infringement suit against Syntel, ruling that the awards were improperly calculated.
Expert Analysis
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Bid Protest Spotlight: Conflict, Latent Ambiguity, Cost Realism
In this month's bid protest roundup, Markus Speidel at MoFo examines a trio of U.S. Government Accountability Office decisions with takeaways about the consequences of a teaming partner's organizational conflict of interest, a solicitation's latent ambiguity and an unreasonable agency cost adjustment.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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Valeant Ruling May Pave Way For Patent-Based FCA Suits
The Ninth Circuit’s recent ruling in Silbersher v. Valeant marks a significant development in False Claims Act jurisprudence, opens new avenues for litigation and potentially raises the stakes for patent applicants who intend to do business with the government, say Joshua Robbins and Rick Taché at Buchalter.
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What's New In FDA's Updated Data Monitoring Guidance
The U.S. Food and Drug Administration's new guidance on the use of data monitoring committees in clinical trials is set to replace the agency's 2006 guidance on the topic, with notable updates including stronger language indicating a more stringent stance against financial conflicts of interest and adaptation to recent changes in DMC structure, say attorneys at Hogan Lovells.
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Opinion
Suits Against Insulin Pricing Are Driven By Rebate Addiction
A growing wave of lawsuits filed by states, cities and counties against insulin manufacturers and pharmacy benefit managers improperly allocate the blame for rising insulin costs, when in actuality the plaintiffs are partially responsible, says Dan Leonard at Granite Capitol Consulting.
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Conn. Data Privacy Enforcement Takeaways For Cos.
In light of the Connecticut attorney general's recently released report on its enforcement of the Connecticut Data Privacy Act, which focuses on companies' privacy policies, protections of sensitive data and more, businesses can expect increased enforcement scrutiny — especially in areas that are the subject of consumer complaints, say Paul Pittman and Abdul Hafiz at White & Case.
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Lessons For D&O Policyholders From Pharma Co. Ruling
A California federal court's recent decision in AmTrust v. 180 Life Sciences, requiring insurers to advance defense costs for a potentially covered claim, provides a valuable road map for directors and officers insurance policyholders, rebutting the common presumption that a D&O insurer's duty to advance costs is more limited than under other policies, say attorneys at Pasich.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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When Physician Retirement Arrangements May Be Legal
A recent advisory opinion from the Office of Inspector General regarding physician retirement arrangements sheds light on key considerations and mitigating factors that may be useful when attempting to balance healthcare operational needs with statutory conformity, says Magda Rodriguez at Day Pitney.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Keeping Up With Class Actions: Data Breach Litigation In Flux
In this monthly look at notable class action decisions, Gerald Maatman at Duane Morris examines a recent mixed-bag data breach ruling from an Illinois federal court — in the context of case law developments over the last year — which illustrates the range of issues confronting litigants going forward.
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Args In APA Case Amplify Justices' Focus On Agency Power
In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.
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Series
ESG Around The World: Gulf Cooperation Council
The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.
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Navigating ACA Reporting Nuances As Deadlines Loom
Stephanie Lowe at Liebert Cassidy walks employers through need-to-know elements of Affordable Care Act reporting, including two quickly approaching deadlines, the updated affordability threshold, strategies for choosing an affordability safe harbor, and common coding pitfalls.