Health

  • January 26, 2023

    Ariz. Tribe Sues McKinsey Over Opioid Crisis

    The White Mountain Apache Tribe on Wednesday hit McKinsey & Co. with a RICO suit over the firm's alleged role in the tribe's opioid epidemic in San Francisco federal court, claiming it aided opioid makers in executing a marketing strategy to boost sales of the addictive painkillers, joining a number of jurisdictions in the growing multidistrict litigation.

  • January 26, 2023

    NC Dems Defy GOP Majority With Bill To Codify Roe V. Wade

    Democratic lawmakers in both houses of North Carolina's state legislature have introduced a bill that would protect abortion access by enshrining the U.S. Supreme Court's since-overturned Roe v. Wade and Planned Parenthood v. Casey decisions into law.

  • January 26, 2023

    RFK Jr.-Repped Doc Wins Halt Of COVID Misinformation Law

    A California federal judge has halted implementation of a state law that could punish medical professionals for disseminating misinformation about COVID-19 to patients, giving a temporary win to two lawsuits that challenged the law, including one set of plaintiffs represented by Robert F. Kennedy Jr.

  • January 26, 2023

    NC Judge Kicks Claim After Doctors Call In 2 States' Laws

    A North Carolina state court judge scrapped a claim that a doctor was engaging in unfair and deceptive practices after a "messy divorce" from his medical partners, ruling that Tar Heel State law excludes doctors in certain commerce claims.

  • January 26, 2023

    PTAB Upholds Testing Patents After Ravgen's $272M Jury Win

    The Patent Trial and Appeal Board has rebuffed biotechnology company Illumina's bid to ax two genetic testing patents that have been asserted against it and others by rival Ravgen in federal suits, buttressing a product at the center of a $272 million infringement verdict Ravgen won last year.

  • January 26, 2023

    Zantac Suits Consolidated In NY After Fla. MDL Tossed

    New York's Litigation Coordinating Panel on Thursday consolidated more than 40 suits alleging that the heartburn medication Zantac, or ranitidine, contains cancer-causing chemicals just over a month after a Florida federal judge threw out most claims in a sprawling nationwide multidistrict litigation against pharmaceutical companies that make or distribute the drug.

  • January 26, 2023

    Pa. Nursing Home Hit With $19M Verdict In Death Suit

    A Pennsylvania jury has returned a $19 million verdict against a nursing home that was sued for the death of a resident who died after falling and injuring her hip, something her daughters said was allowed to happen due to neglect.

  • January 26, 2023

    Teva Can't Get HHS Docs For Kickback Defense

    Teva Pharmaceuticals can't obtain a large volume of documents relating to two nonprofits that the government alleges it used to funnel illegal kickbacks to Medicare patients, a Massachusetts federal judge has said.

  • January 26, 2023

    FCC Aims To Improve Outage Reporting For 988 Hotline

    The Federal Communications Commission voted Thursday to propose rules that would require phone service outages affecting the 988 Suicide and Crisis Lifeline to be reported in a timely fashion to multiple federal agencies.

  • January 26, 2023

    In Blow To Hemp Industry, FDA Punts On CBD Rules

    The U.S. Food and Drug Administration announced on Thursday that it would not develop rules to allow hemp-derived CBD to be sold in dietary supplements or foods, sending shockwaves through the hemp industry, which has been pushing for CBD regulations for years.

  • January 26, 2023

    AstraZeneca Sales Reps See Pay Bias Suit Axed, For Now

    Three female AstraZeneca sales representatives didn't deliver enough facts to support their claims that the company paid them less than men, an Illinois federal judge ruled in dismissing their suit.

  • January 26, 2023

    SPAC Buys Longevity In $236.2M Deal Led By 2 Firms

    Biopharmaceutical company Longevity and special purpose acquisition company Denali Capital announced on Thursday that they had reached an agreement to combine in a deal valuing Longevity Biomedical Inc. at $236.2 million, advised by Nelson Mullins Riley & Scarborough LLP and Sidley Austin LLP.

  • January 26, 2023

    Investor Sues For Docs On $300M Stake In Script Relief

    A member of an investment company managed by co-founders of New York venture capital group Loeb.nyc has sued in Delaware's Court of Chancery for books and records, alleging that the company sold a $300 million stake in pharmacy discount card business Script Relief LLC without notifying other investors.

  • January 26, 2023

    FCC Reworks Payment Model For Rural Health Connectivity

    The Federal Communications Commission voted Thursday to jettison a 3-year-old payment model for rural health care connectivity and eventually replace it with new rules to subsidize providers.

  • January 26, 2023

    10th Circ. Wants Feds' Input In Oklahoma PBM Lawsuit

    The Tenth Circuit asked the U.S. government to provide input on an appeal before the court brought by a pharmaceutical industry group hoping to overturn a district court's finding that an Oklahoma state law regulating pharmacy benefit managers wasn't preempted by federal benefits laws or Medicare rules.

  • January 25, 2023

    Pfizer Bid To Shield FBI Talks Meets Skeptical Judge

    Questioning the lack of a key affidavit and the sufficiency of a deposition, a federal magistrate judge seemed inclined to reject at least some of Pfizer's arguments to shielding its communications with the FBI from two former executives the company has accused of stealing drug research.

  • January 25, 2023

    DC Circ. Questions FDA Appeal Process In E-Cig Case

    The D.C. Circuit didn't seem like a big fan of the U.S. Food and Drug Administration's method for handling administrative appeals Wednesday morning, as it heard from an e-cigarette company claiming that the agency wrongly denied its marketing application for vaping products.

  • January 25, 2023

    NC Trans Care Exclusion Draws Tough Questions At 4th Circ.

    A Fourth Circuit panel on Wednesday seemed skeptical of a North Carolina state health plan's efforts to reverse an order blocking it from refusing to cover treatments related to gender dysphoria and gender transition, appearing inclined to back the decision finding that the exclusion was discriminatory.

  • January 25, 2023

    Jury To Decide If Allergan Sale Included Arbitration Clause

    A jury must decide whether Allergan has a binding arbitration agreement with a medical spa unhappy with the CoolSculpting machine it bought, a North Carolina federal judge has ruled.

  • January 25, 2023

    Fla. Court Axes Punitives In Fatal Brain Injury Med Mal Suit

    A Florida appeals court on Wednesday tossed a punitive damages claim in a suit seeking to hold Cleveland Clinic Florida liable for a patient's fatal brain injury, saying the plaintiff failed to meet the high bar of establishing gross negligence required for the claim.

  • January 25, 2023

    Personal Injury Atty Won't Pay Client's Medical Bill, Suit Says

    A Texas medical provider says it is owed north of $336,000 by a personal injury attorney and his client for procedures incurred based on promises of payment with the eventual settlement money, claiming in court that the lawyer reversed course by refusing to pay while profiting from the treatment provided.

  • January 25, 2023

    Regeneron Gets Novartis Syringe Patent Axed At PTAB

    The Patent Trial and Appeal Board has found that more than two dozen claims in a Novartis pre-filled eye injection syringe patent weren't patentable, handing Regeneron a win in a larger legal fight between the parties.

  • January 25, 2023

    Nurse Fired After Reporting Racist Remark, 11th Circ. Told

    An attorney representing a Florida nurse who complained of a supervisor saying to her face that "Blacks are lazy" told the Eleventh Circuit on Wednesday the remark was discriminatory and that she was allegedly wrongly fired, despite a lower court ruling that found in favor of her former employer.

  • January 25, 2023

    Shareholders Sue Sotera After $363M Emissions Verdict

    Sotera Health Co. was hit with a securities class action Tuesday accusing it of making false and misleading statements about its environmental controls and liability exposure from numerous lawsuits against subsidiary Sterigenics, ultimately causing shareholders to lose millions when stocks tanked following a $363 million jury verdict.

  • January 25, 2023

    6th Circ. Judge 'Baffled' By 'Casual' Mich. Mistrial Decision

    A Sixth Circuit judge on Wednesday said he was stumped by a district court judge's decision to declare a mistrial after his wife and a material witness tested positive for COVID-19, seeming to side with a business owner accused of payroll tax evasion who said there were ways to continue the trial safely.

Expert Analysis

  • Potential Upheaval For FDA Regulation Of Stem Cell Clinics

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    If upheld by the Ninth Circuit, a recent California federal court ruling that a stem cell clinic's products are not subject to the Federal Food, Drug and Cosmetic Act could fundamentally alter the U.S. Food and Drug Administration's ability to regulate stem cell therapies, say attorneys at Ropes & Gray.

  • 6 Ways To Avoid Compounding Errors When Practicing Law

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    For lawyers and law firms, inevitable human error can lead to claims of malpractice or ethical violations, but the key is to avoid exacerbating mistakes by adding communication failures, conflicts of interest or insurance coverage losses, says Mark Hinderks at Stinson.

  • Top 10 Whistleblowing And Retaliation Events of 2022

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    From huge whistleblower bounty awards to the U.S. Securities and Exchange Commission's renewed focus on employer restrictions and adoption of new whistleblower-friendly rules, 2022 saw highly impactful whistleblower and retaliation events that will have far-reaching impact, say attorneys at Proskauer.

  • What Will Keep Legal Talent Professionals Up At Night In 2023

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    Hybrid work environments, high demand for lateral hires and a potential slowdown of the economy defined 2022 in the always-busy marketplace for legal talent, and as BigLaw looks at the year ahead, there are five major sources of concern for the teams charged with securing and retaining that talent, say advisers at Baretz+Brunelle.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2022

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from the "great resignation" to potential expansion of attorney-client privilege.

  • Key Developments From State Attorneys General In 2022

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    For lawyers and observers of state attorneys general, 2022 brought a year full of advocacy, enforcement actions and politics, including departures from the National Association of Attorneys General, bipartisan data privacy and consumer protection issues, a continued focus on public health crises and more, say attorneys at Troutman Pepper.

  • 2022 Law And Policy Highlights In Digital Health Care

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    This year, federal regulators made good on several commitments to create new opportunities for digital health innovators, and a number of promising cybersecurity bills are on the horizon, but not all virtual health care law and policy developments have been positive, say attorneys at Arnold & Porter.

  • What 3 Legal Industry Trends From 2022 Mean For Next Year

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    Kate Reder Sheikh at Major Lindsey & Africa looks back on the year in legal recruiting, including practice areas that saw the most movement, which regions seemed most ripe for new office openings and who was promoted to partner, and makes some look-ahead predictions for 2023.

  • Next Compliance Steps For Health Cos. Using Tracking Tech

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    In light of the U.S. Department of Health and Human Services Office for Civil Rights' expansive view of what constitutes protected health information, regulated entities seeking to provide websites and mobile apps for patients may need to choose between several imperfect compliance pathways if they wish to continue using tracking technologies, say attorneys at Ropes & Gray.

  • Learning From This Year's Legal Industry Discrimination Suits

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    To limit the risk of lawsuits and make the workplace a more welcoming environment for female attorneys, it is important to reflect on lawyers' recent discrimination and sexual harassment claims against law firms and public employers, says Hope Comisky at Griesing Law.

  • Series

    The Future Of Legal Ops: AI Has Important Role To Play

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    Though the debut of OpenAI's ChatGPT has prompted some fears about negative impact on lawyers, artificial intelligence technology can be a powerful tool for legal operations professionals if used effectively to augment their work, say Justin Ben-Asher and Gwendolyn Renigar at Steptoe, and Elizabeth Matthews at TotalEnergies.

  • Top Trends And Challenges For Health Care Financing In 2022

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    Rising inflation, interest hikes, supply chain issues and public market disruption are just some of the factors that made 2022 a challenging year for financing health care deals, and all indications point to continued headwinds next year, say Stephanie McCann and Samantha Koplik at McDermott.

  • 4 Proactive Strategies For 'Rocket Docket' Discovery In SDNY

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    With more than half of Southern District of New York judges now allowing four or fewer months for fact discovery, civil litigators in this aspiring "rocket docket" jurisdiction should prioritize case management methods that make the most of this compressed timeline, say Jaclyn Grodin and Nicholas Cutaia at Goulston & Storrs.

  • Florida's Medical Marijuana Industry: 2022 In Review

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    2022 saw the medical marijuana market in Florida continue with several measured steps forward, bringing with it a host of new business opportunities and litigation challenges — and leaving open questions about adult-use legalization, says Richard Blau at GrayRobinson.

  • 2022 Data Privacy Suits Tested New Liability Theories

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    In the absence of a comprehensive federal data privacy law, plaintiffs lawyers are testing new theories of liability under state laws, and a look at recent lawsuits against online companies that have resulted in large settlements shows these attempts are more frequently being met with success, say attorneys at Quinn Emanuel.

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