Health

  • October 22, 2020

    Shkreli Says FTC Can't Nix Challenge To Authority

    Martin Shkreli urged a New York federal judge Wednesday not to let the Federal Trade Commission and several state attorneys general block him from arguing they lack the authority to sue the incarcerated "Pharma Bro" for monopolizing sales of the anti-parasitic drug Daraprim.

  • October 22, 2020

    Ex-NJ Official Sees Claim Cut From Virus-Related Firing Suit

    A former New Jersey health official who alleged he was fired for complaining about being asked to administer private COVID-19 tests to relatives of a Gov. Phil Murphy staffer had a retaliation claim dismissed from his suit, according to a state court order made available Wednesday.

  • October 22, 2020

    2nd Circ. Won't Revive Bias Lawsuit Against Mount Sinai

    The Second Circuit ruled Thursday that a lower court correctly tossed a longtime Mount Sinai Health System worker's retaliation suit, saying the only actions he complained about that could have qualified as retaliation either lacked a connection to protected activity or had an apparently legitimate justification.

  • October 22, 2020

    'Habit' Instructions Void Doctors' Trial Win In Heart Attack Suit

    A New York appellate panel on Thursday vacated a defense verdict in a suit accusing two physicians of causing a patient's heart attack, saying the trial judge gave erroneous instructions to the jury regarding "habit," or a physician's usual practice when treating patients.

  • October 22, 2020

    Kirkland Steers PE Firm's Buy Of Medical Co. Worth $321M

    Kirkland-guided private equity investor Oakley Capital unveiled plans to buy German pharmaceutical business WindStar Medical from a German broadcasting company's General Atlantic-backed subsidiary in a deal that values the medical device and over-the-counter drug maker at €280 million euros ($320.9 million) including debt.

  • October 22, 2020

    Philly Hospital Aims For Smoother Path Toward Ch. 11 Plan

    Center City Healthcare LLC told a Delaware judge Thursday that it hopes for a smoother ride throughout the rest of its Chapter 11 as it seeks to reconcile claim disputes and pursue potential liability actions on the path toward finalizing a Chapter 11 plan.

  • October 22, 2020

    11th Circ. May Call On Ga. Justices In Emory Indemnity Suit

    The Georgia Supreme Court may need to weigh in on whether Emory University can duck liability in a $20.5 million medical malpractice verdict over the death of a sleep study participant, the Eleventh Circuit said Thursday.

  • October 22, 2020

    Coronavirus Litigation: The Week In Review

    The nation's top court has upheld Pennsylvania's three-day mail-in ballot extension, a group of North Carolina restaurants are the first to win "physical loss" insurance coverage in court in light of state-mandated COVID-19 shutdowns, and CVS wants out of a suit challenging its claims to the effectiveness of its hand sanitizer.

  • October 22, 2020

    Insurer Says Judge Erred In Sending Virus Suit To State Court

    Allstate Insurance Co. fired back at a Texas federal judge's order to send a dentist's COVID-19 coverage suit back to state court, saying it was wrong for the policyholder to add the claim adjuster to the suit to defeat federal jurisdiction.

  • October 22, 2020

    Trans Librarian's Attys Get $167K After $70K Benefits Deal

    The lawyers for an Alaska legislative librarian who sued over the state's refusal to cover her gender transition-related surgery are walking away with an attorney fees award of more than double the total settlement, according to paperwork filed in Alaska federal court.

  • October 22, 2020

    In Reversal, Nurse's OT Suit Tossed Over Missing Plaintiff

    A "highly unusual" wage-and-hour collective action hit a snag when a Maryland federal judge nixed a nurse's claims because the suit lacked a lead plaintiff, reversing course after previously allowing the worker to proceed as the solo party.

  • October 22, 2020

    Ala. Optometrist Loses Bid For COVID-19 Coverage

    Continental Casualty Co. does not have to pay an optometrist office's losses due to the COVID-19 shutdown, an Alabama federal judge has ruled, finding that the policyholder did not allege any covered tangible alteration to its property.

  • October 22, 2020

    MVP: King & Spalding's Jim Boswell

    King & Spalding LLP partner Jim Boswell successfully defended Prime Healthcare against allegations that it submitted false claims, landing him a spot as one of Law360's 2020 Health Care MVPs.

  • October 22, 2020

    5th Circ. Says Ex-Hospital Worker Can't Pursue Arbitration

    A former radiologist at Baylor Scott & White Health who accused his employer of age bias can't pursue arbitration against the hospital chain, the Fifth Circuit has ruled, agreeing with a lower court that he gave away the right to arbitrate when he sued in federal court.

  • October 22, 2020

    Doc's Guilty Plea Bars Insurance Coverage, 9th Circ. Says

    The Ninth Circuit has found that a doctor cannot get coverage for a wrongful death suit after admitting to a willful violation of the law, saying his guilty plea in a related criminal case triggers an exclusion in his policy.

  • October 22, 2020

    Judiciary Panel Sends Barrett Nomination To Full Senate

    Republicans on the Senate Judiciary Committee voted Thursday to advance U.S. Supreme Court nominee Amy Coney Barrett to the Senate floor despite a Democratic boycott, setting the stage for a final confirmation vote as soon as Monday.

  • October 21, 2020

    Trans Teens Denied New Judge In Health Care Case

    An Arizona federal judge nixed a bid by two transgender teenagers to move a lawsuit alleging that their health plan's refusal to cover transition-related surgery violates federal discrimination law into the hands of a judge already handling a similar suit, saying the cases contain too many differences.

  • October 21, 2020

    Pa. Nursing Home Hit With Suit Over COVID-19 Deaths

    A COVID-19 outbreak that ripped through a Pittsburgh-area nursing home and led to hundreds of infections and dozens of deaths was caused by the home's reckless, willful and wanton conduct, according to a suit filed Wednesday in Pennsylvania state court on behalf of 15 patients, 10 of whom died.

  • October 21, 2020

    Meet The Attys Guiding Purdue On $8B DOJ Opioid Plea Deal

    The top attorneys guiding embattled OxyContin maker Purdue Pharma LP through Wednesday's historic plea deal include a handful of former federal prosecutors and an attorney who investigated the NFL's "Deflategate" controversy.

  • October 21, 2020

    Where DOJ's Opioid Blitz Stands After Purdue's Criminal Case

    The U.S. Department of Justice's multibillion-dollar felony case blaming Purdue Pharma for "a national tragedy of addiction and deaths" involving narcotic painkillers is just one part of the DOJ's fast-growing criminal crackdown on the drug industry's opioid-crisis profiteering.

  • October 21, 2020

    1-800 Contacts Gets Final Approval On $15M Antitrust Deal

    1-800 Contacts will walk away from claims that it worked with rivals to keep search engine users from finding cheaper contact lens options after a Utah federal judge granted final approval to a $15.1 million settlement.

  • October 21, 2020

    After Final Queries, Barrett Hints Again ACA Could Survive

    U.S. Supreme Court nominee Amy Coney Barrett has fielded hundreds more written questions from Democratic senators, largely declining to address topics ranging from presidential power and birthright citizenship to climate change and same-sex marriage — although she did discuss the Affordable Care Act.

  • October 21, 2020

    Nevada Pot Regulators Collect $63K In Fines Over Violations

    Nevada's cannabis regulator has approved five settlements with marijuana businesses over compliance lapses, collecting roughly $63,000 in fines from companies that failed to properly track products, keep employees licensed or adhere to pandemic safety mandates.

  • October 21, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    Staffers in New Jersey Gov. Phil Murphy's office became the latest high-profile government workers to test positive for COVID-19 over the past week, just as the Garden State, New York and Connecticut added states to their joint pandemic travel advisory list.

  • October 21, 2020

    Whistleblower's Claims Against ICE Contractor Set For Trial

    A whistleblower's suit claiming she was fired for reporting fraud at a health care contractor for U.S. Immigration and Customs Enforcement will go to trial after a Texas federal judge found unanswered questions in her complaint and the contractor's response.

Expert Analysis

  • What Ohio COVID-19 Liability Shield Means For Employers

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    Because a new Ohio law that shields businesses from civil liability related to COVID-19 provides narrow protections, employers should continue to follow Occupational Safety and Health Administration, state and local guidance to demonstrate reasonable protective measures, says Jeffrey Smith at Fisher Phillips.

  • How The State And Local Regulatory Landscape Is Expanding

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    States and localities are employing creative methods to emerge as key players in regulatory enforcement traditionally dominated by the federal government, including False Claims Act investigations, unfair and deceptive acts and practices claims, and pharmaceutical sector regulation, say attorneys at Troutman Pepper.

  • 5th. Circ. Medicare Ruling Could Halt Pro-Provider Trend

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    The Fifth Circuit's recent decision in Sahara v. Azar likely forecloses the possibility of injunctive relief against recoupment for Medicare providers, ending the recent string of rulings in favor of providers seeking compensation for overpaid insurance claims, says Kent Hofmann at Locke Lord.

  • Takeaways From Calif.'s New Health Insurance Rules

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    A recently signed law fundamentally alters California's regulation of mental health and substance use disorder treatment and will likely lead to increased litigation and regulatory action based on new insurance coverage requirements, say attorneys at Manatt.

  • Insurer-Friendly COVID-19 Case Law Is No Silver Bullet

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    Three recent decisions confirm that individual or consolidated lawsuits regarding insurance coverage for business interruption caused by the pandemic will turn on their own unique circumstances, meaning that insurer-friendly decisions will not preclude coverage broadly, say Jason Rubinstein and Mark Packman at Gilbert.

  • Outside Whistleblowers Are Critical To Exposing Fraud

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    Outsiders like industry experts, competitors, public interest organizations and concerned citizens often have deep knowledge, industry data and financial incentives that put them in a better position than insiders to spot fraud, say attorneys at Youman & Caputo, Fox Rothschild, Goldstein & Russell and Herrera Purdy.

  • Opinion

    Lawyers Must Fight Voter Suppression This Election Season

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    Lawyers should use their unique skill sets, knowledge and spheres of influence to fight burdensome ID requirements and other voter suppression tactics that may influence the 2020 elections, and to participate in potential post-election litigation, say CK Hoffler and Allyce Bailey at the National Bar Association.

  • Why Online Mediation May Be Here To Stay

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    Videoconferenced mediation offers several advantages and helps cases settle faster and more cordially, making it hard to imagine going back to logistically difficult in-person dispute resolution after COVID-19 restrictions are gone, says Sidney Kanazawa at ARC.

  • How Nursing Homes Can Defend COVID-19 Criminal Charges

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    Following the first pandemic-related criminal prosecution of nursing home operators in Massachusetts, nursing homes can take steps to defend their decision-making and infection-control processes as similar cases emerge across the country, say attorneys at Hooper Lundy.

  • Early Takeaways From SEC's FY 2020 Fraud Enforcement

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    Ahead of the U.S. Securities and Exchange Commission's annual enforcement data release later this fall, emerging enforcement themes include fraud related to COVID-19, as well as individual accountability, misuse of reserves, revenue recognition, disclosure malfeasance and data analytics, say attorneys at Perkins Coie.

  • Clients Have The Power To Promote Wellness At Law Firms

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    Law firm clients can play a role in lowering mental distress in the legal profession by seeking lawyer wellness data from firms and factoring those responses into outside counsel hiring decisions, says Jonathan Prokup at Cigna.

  • Opinion

    Appellate Courts Should Welcome Well-Crafted Amicus Briefs

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    A Seventh Circuit judge's recent order granting leave for three organizations to file amicus curiae briefs in Prairie Rivers Network v. Dynegy Midwest Generation is a reminder that relevant, nonduplicative amicus briefs can provide courts with helpful perspective, important facts and legal arguments, says Lawrence Ebner at Capital Appellate Advocacy.

  • 11th Circ. Ruling Misinterprets FCA Materiality Standard

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    In Ruckh v. Salus, the Eleventh Circuit recently ignored the U.S. Supreme Court's rigorous standard for proving False Claims Act materiality, an unfortunate misinterpretation that will lead to an inconsistent precedential standard, say David Douglass and Keeley McCarty at Sheppard Mullin.

  • A Refresher For Gov't Contractors On Bid Protest Intervention

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    As bid protest filings peak in October following the end of the federal government’s fiscal year, government contractors should keep in mind their rights to intervene in protests and consider the important reasons for doing so, says Aron Beezley at Bradley Arant.

  • Employers Must Beware The Coming Union Organizing Storm

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    As economic unrest, layoff risks and other pandemic-related factors are likely to increase employee interest in union organizing once the public health emergency subsides, the best way companies can defend against worker unrest is by preparing management to respond quickly to concerns, says Daniel Johns at Cozen O'Connor.

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