Health

  • October 21, 2020

    AIDS Treatment Provider Seeks Redo On Fla. Bidding Process

    A former state contractor for HIV/AIDS Medicaid services urged a state appeals court Wednesday to force Florida's Agency for Health Care Administration to redo its procurement process for two South Florida regions after the agency deviated from evaluation guidelines and awarded the contracts to a competitor.

  • October 21, 2020

    Facing COVID-19 Scams, Companies Turn To Trademark Law

    Seven months into the COVID-19 pandemic, business owners like Abbott Laboratories have found that federal trademark law is a pretty handy tool to go after alleged coronavirus grifters.

  • October 21, 2020

    8 Firms Steer 5 Blank-Check IPOs Exceeding $1.3B Total

    Five issuers on Wednesday joined this year's tsunami of blank-check companies after raising a combined $1.35 billion in initial public offerings, guided by eight law firms, that could fund acquisitions in industries including the fintech, technology, health care and other sectors.

  • October 21, 2020

    Union Funds Lose Bid To Pause Akorn's Ch. 11 Confirmation

    A group of labor union benefit funds lost their bid Wednesday to stay the order confirming biopharmaceutical firm Akorn Inc.'s Chapter 11 plan pending an appeal of a Delaware bankruptcy judge's approval of the plan.

  • October 21, 2020

    11th Circ. Nixes Ex-NFLer's 20-Year Tricare Fraud Sentence

    The Eleventh Circuit on Wednesday vacated former NFL player Monty Grow's 20-year prison sentence for his role in a $40 million scheme to charge Tricare for expensive, unnecessary drugs, ruling that while his conviction was correct, the court's sentence exceeded the statutory maximum allowed by the jury's verdict.

  • October 21, 2020

    CVS Slams Suit Over Effectiveness Of Hand Sanitizer

    CVS Health wants to end a federal suit alleging the company misleadingly states its store-brand hand sanitizers kill 99.99% of all germs, calling the customer pushing the case an "opportunist" who hasn't even said he used the product, let alone that he was injured by the so-called false advertisement.

  • October 21, 2020

    Real Estate Rumors: Stateside, Silverstein, Sunview Medical

    A Stateside Capital Group venture is reportedly hoping to build 122 apartments in Florida, Silverstein Properties is said to have landed $165 million in CMBS debt for a Manhattan office tower, and Sunview Medical Center has reportedly paid $11 million for seven Florida properties.

  • October 21, 2020

    Calif. Nurses Win Class Cert. In Staffing Agency Overtime Row

    A California judge certified a group of 300 traveling nurses' proposed class action Tuesday, in a suit alleging overtime violations related to how the company pays per diems.

  • October 21, 2020

    Princess Cruise Passengers Denied Cert. In COVID-19 Suit

    A California federal judge has refused to certify a proposed class action against Princess Cruise Lines that claims it let passengers board a ship although it knew people on a previous voyage had COVID-19 symptoms, ruling that a class action waiver in the passengers' contract is well communicated.

  • October 21, 2020

    Ill. Health Exec Gets 1.5 Years For Medicare Fraud Scheme

    The former president of an Illinois health care company was sentenced in federal court Wednesday to 18 months in prison after he admitted to submitting false bills in a three-year Medicare fraud scheme that cost the U.S. government nearly $4.3 million.

  • October 21, 2020

    MVP: Jones Day's Alexis S. Gilroy

    Alexis S. Gilroy of Jones Day helped virtual diabetes clinic Onduo build out its telehealth offerings across the U.S., earning her a spot as one of Law360's 2020 Health Care MVPs.

  • October 21, 2020

    FCC Still Ignores Wireless Harms, 5G Critics Tell DC Circ.

    The Federal Communications Commission backfilled its reasoning for last year's decision not to toughen its wireless exposure limits, two groups have told the D.C. Circuit, saying the agency based its decision on the "unsubstantiated" opinions of some health and safety organizations.

  • October 21, 2020

    Medical Pot Patient Sues Pa. County After Failed Drug Test

    A Pennsylvania medical marijuana patient and U.S. Army veteran has sued a county government for employment discrimination in federal court, claiming he was wrongly denied a job as a corrections officer because he failed a drug test.

  • October 21, 2020

    Harris, Others Urge 9th Circ. Not To Revive 'Conscience Rule'

    A coalition of lawmakers and public health experts are backing California's attempt to convince the Ninth Circuit not to restore a rule that would have protected health care workers from refusing to participate in abortions and other procedures at odds with their religious beliefs.

  • October 21, 2020

    Supplement Makers Must Face Joint Pill False Ad Suit

    A California federal judge has denied a bid by Nutra Manufacturing LLC and International Vitamin Corp. to escape a suit alleging their joint health supplements don't contain a key ingredient, saying another pending suit about the same pills doesn't preempt this case.

  • October 21, 2020

    5 States Poised To Legalize Pot At The Ballot

    On Election Day, voters will have the opportunity to turn the most densely populated state in the U.S. into the next haven for adult-use cannabis, while deep-red Republican strongholds may make medical marijuana a reality.

  • October 21, 2020

    Advocates Urge FCC To Make Suicide Hotline More Accessible

    A group of disability advocates, including the National Association of the Deaf, asked the Federal Communications Commission to consider requiring carriers to support texts to the 988 nationwide three-digit suicide hotline by 2022 in order to increase accessibility to hard-of-hearing and speech-disabled individuals.

  • October 20, 2020

    Scientist Says USCIS Ignored Reputation Of Washington Univ.

    A neuroscientist from India who is in the U.S. on a temporary worker visa and who applied for a green card as an "alien of extraordinary ability" told a D.C. federal judge Tuesday that U.S. Citizenship and Immigration Services wrongly dismissed his leading role at Washington University in St. Louis in denying his application.

  • October 20, 2020

    Opioid Settlements Stymied By Atty Fee Demands, AGs Say

    Massive fee demands from plaintiffs attorneys in multidistrict opioid litigation are the main reason settlements haven't been finalized with major drug companies in a broader wave of opioid cases, two state attorneys general said Tuesday, a provocative claim that drew a fast and fiery backlash.

  • October 20, 2020

    Man Jailed Over Sabotage That Led To Virus PPE Delay

    A former employee of a medical packaging company was sentenced to one year behind bars for sabotaging business records that delayed the shipment of much-needed personal protective equipment to health care workers dealing with the coronavirus pandemic, the U.S. Department of Justice said Tuesday.

  • October 20, 2020

    Addiction Center Chain's Ch. 11 Reorganization OK'd In Del.

    American Addiction Centers Inc. secured confirmation in Delaware late Tuesday for a Chapter 11 plan that will reorganize rather than sell its multistate drug rehabilitation and behavioral treatment chain, with creditors gaining a larger stake in the venture.

  • October 20, 2020

    Inmate Health Co. Says Tenn. 'Went Rogue' On Contract Rules

    The Tennessee Department of Corrections has instituted a new set of competition-killing rules for those seeking to contract with the department, according to a suit filed by a company that claims it was unfairly passed over to provide mental health services for the state.

  • October 20, 2020

    Pa. Port Authority Says 'Black Lives Matter' Mask Suit Is Moot

    The Port Authority of Allegheny County, Pennsylvania, has pushed a federal judge to toss a union's suit claiming that its members' constitutional rights were violated by a ban on masks that say "Black Lives Matter" since the policy has already been jettisoned.

  • October 20, 2020

    4 Tips To Help Benefits Plans Achieve Mental Health Parity

    As federal benefit regulators turn their focus toward plans' mental health offerings and California lawmakers expand plans' obligations in that area, now is a great time for employers to ensure their plan approaches mental health treatment the same way as traditional medical care. Here, Law360 offers four tips on complying with mental health parity laws.

  • October 20, 2020

    Pa. Hospital Beats Med Mal Trial Over Patient Death

    A Pennsylvania jury has cleared Wilkes-Barre General Hospital over allegations it failed to immediately intubate a patient who later died and that it altered records of the episode, saying neither a physician group nor a Wilkes-Barre nurse was negligent in the care they provided.

Expert Analysis

  • What Hiring Law Firms Should Consider Instead Of Grades

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    With law schools forgoing traditional grading due to the pandemic, hiring firms that have heavily weighted first-year grades during the on-campus interview process should turn to metrics that allow a more holistic view of a candidate, says Kate Reder Sheikh at Major Lindsey.

  • Evidence Ruling Highlights Spoliation Claim Concerns

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    A Colorado federal court recently denied the plaintiff’s motion for spoliation of evidence in Bragg v. Southwest Health, reminding counsel of their duty to discuss with clients the specifics of what information they allege is missing from the provided discovery, says Deena Duffy at Spencer Fane.

  • Employer ADA Considerations Under EEOC Opioid Guidance

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    Following new U.S. Equal Employment Opportunity Commission guidance on opioid users’ workplace rights, Vista Lyons at FordHarrison discusses employer procedures for responding to Americans with Disabilities Act accommodation requests, the types of modifications that may be available, and the medical information that can be requested.

  • FCA Materiality Standard's Odd Application To Payment Terms

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    A recent Pennsylvania federal court's decision in U.S. v. Sanofi highlights a puzzling aspect of False Claims Act materiality, under which failure to satisfy a condition of payment does not necessarily satisfy the materiality requirement to trigger FCA liability, says Geoffrey Kaiser at Kaiser Law.

  • Opinion

    Trump Should Revisit Flawed Plan To Lower Drug Prices

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    President Donald Trump has no legal authority to enact his proposed drug reform linking Medicare payments to prices paid in other countries, and should instead ease regulatory burdens on new drugs and demand that foreign governments pay their fair share for medicine, says Joel White at the Council for Affordable Health Coverage.

  • Series

    Judging A Book: Schroeder Reviews 'Collegiality'

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    Mark Barringer's new book, "Collegiality and the Constitution," is an engaging, vibrant work of judicial history in Texas' Eastern District, and reveals an atmosphere of civility and respect among all those involved in the business of the court, says U.S. District Judge Robert W. Schroeder III.

  • Now Is The Time To Go Digital With Compliance Training

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    To properly meet the U.S. Department of Justice's latest corporate compliance expectations and adapt to the current remote working environment, consider collaborating with a client on an e-learning solution tailored to its employees, says Alexander Holtan at Eversheds Sutherland.

  • Medicare Entitlement Rulings Help Bankrupt Health Providers

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    A series of recent federal court decisions in health care bankruptcy proceedings have found Medicare and Medicaid provider agreements to be statutory entitlements, rejecting the Centers for Medicare & Medicaid Services' position on the matter and potentially giving reorganizing providers additional arguments for favorable treatment, say attorneys at Arent Fox.

  • Overcoming The Pandemic's Hurdles To Pro Bono Work

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    Sarah McLean at Shearman & Sterling looks at how attorneys and law firms can partner with nonprofits to leverage their collective resources, sharpen their legal skills and beat the unique pandemic-induced challenges to providing free legal services to low-income individuals.

  • What A Biden Win Could Mean For Employer Health Insurance

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    Eric Schillinger and Anne Hall at Hall Benefits discuss how a Biden administration's potential legislative and regulatory changes to employer-sponsored health insurance — such as expansion of the Affordable Care Act's nondiscrimination rules and withdrawal of the Trump administration's association health plan regulations — would impact employers.

  • The Crushing Cost Of HIPAA Security Rule Noncompliance

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    The U.S. Department of Health and Human Services recently announced three major settlements for Health Insurance Portability and Accountability Act security rule violations in a single week, highlighting the importance of creating a plan and performing risk analysis to avoid paying the price of noncompliance, says Dena Castricone at DMC Law.

  • Best Practices For Presenting Exhibits In A Remote Deposition

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    In this era of fully remote depositions, attorneys must carefully consider whether they want to deliver exhibits to opposing counsel in advance or on the day of the deposition, and think creatively about the technological resources available to them, say Helene Wasserman and Nathaniel Jenkins at Littler.

  • Key Contractual Protections For Cos. In The PPE Space

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    The market for personal protective equipment has evolved rapidly during the COVID-19 pandemic, so companies operating in this space should insist on certain contractual protections to minimize risk and address fraud, quality control, government regulations and other important legal issues, say James Chou and Alex Corey at Moritt Hock.

  • What We Know About How Judicial Bias Can Influence Rulings

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    The struggle to replace Justice Ruth Bader Ginsburg raises the question whether U.S. Supreme Court justices and federal judges are able to separate their political beliefs and world views from their judicial opinions, with studies in political science and social psychology providing clear answers, says Drury Sherrod at Mattson and Sherrod.

  • Employers Should Plan For Vaccine Religious Exemptions

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    While employers can't develop a disability exemption protocol for COVID-19 vaccinations ahead of U.S. Food and Drug Administration approval, they can establish a religious exemption process now by looking to case law and regulatory guidance developed in the flu vaccine context, says Andrea Kirshenbaum at Post & Schell.

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