Health

  • October 20, 2020

    Surgery Center Says 'Detailed' Contract Voids Doc's $8M Win

    A Houston surgery center told a Texas appellate panel on Tuesday that its contract couldn't be clearer in stating that a departing doctor was only entitled to a reimbursement of his initial investment toward the center and not the $8 million a lower court awarded him.

  • October 20, 2020

    DC Circ. Won't Rethink HHS Cuts To Medicare Drug Program

    The full D.C. Circuit won't rethink a panel's decision that the U.S. Department of Health and Human Services lawfully cut billions of dollars from reimbursements for drugs bought through a discount program for hospitals in low-income areas.

  • October 20, 2020

    Ga. Gov. Slams 'Baseless' Block On Abortion Law At 11th Circ.

    Georgia Gov. Brian Kemp urged the Eleventh Circuit to undo a block on the state law banning abortions after a fetus' heartbeat is discovered, arguing that the lower court ignored decades of precedent by failing to weigh the state's interest in the law.

  • October 20, 2020

    Tribes Back Up Shawnee Appeal In Virus Funding Row

    Two Native American tribes are backing up the Shawnee Tribe of Oklahoma before the D.C. Circuit, saying a lower court should not have shied away from reviewing the U.S. Treasury Department's faulty method for allocating $8 billion in coronavirus relief funding this spring.

  • October 20, 2020

    Health Insurer Says Fired Exec Never Requested FMLA Leave

    A health insurance company on Monday urged a Florida federal court to dismiss a former executive's claims that she was fired for taking medical leave and requesting to work remotely during the COVID-19 pandemic, arguing she never asked for any kind of medical leave and was never forced to come into the office.

  • October 20, 2020

    Trulieve Slams 'Ham-Fisted' Sanction Bid In Hiring Dispute

    Cannabis company Trulieve slammed a motion for sanctions it is facing from a man who claims the company illegally pulled his employment offer based on a consumer report, saying the motion should be stricken from the record and his counsel should be sanctioned instead.

  • October 20, 2020

    MVP: Hooper Lundy's Mark Johnson

    Mark Johnson of Hooper Lundy & Bookman PC helped a nursing home management company secure a big win in a dispute with a California health regulator involving tens of millions of dollars in withheld reimbursements, earning him a spot as one of Law360's 2020 Health Care MVPs.

  • October 20, 2020

    Health Worker Unions Want COVID-19 Vaccine Vetted

    Three unions representing 2 million health care workers said it's "impossible for us to take or promote" a COVID-19 vaccine that hasn't been vetted by "independent experts" Tuesday as the president's foes continue to question whether a Trump administration-approved drug can be trusted.

  • October 19, 2020

    Idaho Supreme Court Revives Late Cancer Diagnosis Suit

    The Idaho Supreme Court on Monday revived a suit accusing a hospital of failing to timely diagnose a patient's cancer that caused death, saying the trial judge erred by determining that the plaintiff's two out-of-state medical experts were not familiar with the standard of care in Idaho.

  • October 19, 2020

    Kan. County Settles DOL's COVID-19 Leave Claims

    A Kansas county will pay back wages to an employee wrongly denied paid sick leave to care for a child whose school closed due to the coronavirus pandemic, according to a U.S. Department of Labor settlement announcement Monday.

  • October 19, 2020

    Health Execs Must Do Time, Pay $1.5M In Benefits Scheme

    Two Kentucky health care executives were each sentenced to over two years in prison and ordered to pay a combined $1.5 million in restitution for pocketing employees' benefit contributions, the U.S. Department of Labor said Monday.

  • October 19, 2020

    NJ Panel Says 2 Judges Erred, Revives Med Mal Suit

    A New Jersey appeals court on Monday revived a suit accusing healthcare providers of causing a patient's injuries from an improperly placed medical device, saying two judges' decisions regarding the patient's purported discovery failures resulted in "draconian consequences."

  • October 19, 2020

    CDC Tightens Guidance For Masks On Planes, Public Transit

    The U.S. Centers for Disease Control and Prevention on Monday strongly recommended that passengers and workers wear face masks on airplanes, trains, subways, buses and other modes of transportation in newly released guidance intended to curb the spread of COVID-19.

  • October 19, 2020

    WTO Holds Off On Waiving IP For COVID-19 Vaccines

    The World Trade Organization has failed to reach an agreement that would have temporarily waived intellectual property rights for vaccines and treatments related to COVID-19 as the pandemic continues worldwide.

  • October 19, 2020

    No Big Payday For Home Health Aides Despite Wage Rule

    The take-home pay of in-home health care workers has only inched upward in the four years since the Labor Department extended federal minimum wage and overtime protections to the industry, the U.S. Government Accountability Office said Monday.

  • October 19, 2020

    Justices Urged Not To Let Arbitrator Decide Venue Question

    Clauses allowing an arbitral body to decide whether it has jurisdiction over a dispute shouldn't be enough to strongarm the courts out of the picture, an arbitration scholar told the U.S. Supreme Court on Monday.

  • October 19, 2020

    What BigLaw Can Do To Actually Retain Female Attorneys

    Even as BigLaw firms are recruiting women into their ranks in larger numbers, their presence in leadership and equity partnerships remains stubbornly low. Here’s a look at why this is happening — and what firms can do.

  • October 19, 2020

    Female Attorneys Gain Ground In Battle For Clerkships​

    More female attorneys are landing highly sought-after U.S. Supreme Court clerkships, and the experience can turbocharge their careers.

  • October 19, 2020

    These Firms Have The Most Women In Equity Partnerships

    At most U.S. law firms, equity partnerships are still overwhelmingly male, but women at some firms are starting to shake up that reality and smash the glass ceiling that has prevented them from advancing to the uppermost ranks. Here are this year’s Ceiling Smashers — the firms that are outpacing their peers as the legal industry works toward closing the gender gap in its top ranks.

  • October 19, 2020

    Wearing Natural Hair In BigLaw

    In this video, four Black women share their thoughts about wearing natural hair as BigLaw attorneys. In order of appearance, the attorneys are: Rukayatu Tijani, founder of Firm for the Culture and a former BigLaw associate; Delilah Clay, legislative & regulatory advisor at Manatt Phelps & Phillips LLP; Rachel Boyce, associate at Cooley LLP; and Crystal Nwaneri, associate at Fenwick & West LLP.

  • October 19, 2020

    NJ Doc Loses Appeal In Sex Harassment Arbitration Fight

    A chiropractor cannot force a former employee's sexual harassment lawsuit into arbitration, a New Jersey appeals court ruled Monday, finding the worker did not willingly sign an arbitration agreement included in her hiring paperwork.

  • October 19, 2020

    Duane Morris, Nelson Mullins Steer Cannabis Software Merger

    Cannabis software company Helix Technologies Inc. and a health care analytics company on Monday said they will merge in an all-stock deal guided by Duane Morris LLP and Nelson Mullins Riley & Scarborough LLP.

  • October 19, 2020

    6th Circ. Lifts Block On Kentucky Abortion Facility Law

    The Sixth Circuit has voided a permanent block of a Kentucky law requiring abortion facilities to have agreements with an ambulance service and a nearby hospital, finding that a lower court wrongly found that the law's enforcement would leave the commonwealth with no abortion facility.

  • October 19, 2020

    6 Russian Officers Indicted Over Massive Cyberattack

    A Pennsylvania grand jury has indicted six Russian military officers for cyberattacks, including the destructive 2017 NotPetya malware attack, from the same intelligence unit accused of interfering with the 2016 presidential election, the U.S. Department of Justice said Monday.

  • October 19, 2020

    Indicted Harvard Professor Can't See Grand Jury Minutes

    A Harvard professor charged with lying about his ties to China and additional tax offenses will not be able to review secret grand jury minutes despite his claim that prosecutors' charged rhetoric about spying may have tainted the proceedings.

Expert Analysis

  • Series

    AGs In A Pandemic: Grewal Talks NJ Price-Gouging

    Author Photo

    New Jersey Attorney General Gurbir Grewal explains how his office adapted its enforcement playbook to unexpected challenges in order to crack down on unconscionable pricing amid the pandemic.

  • Law Firm Social Responsibility Strategies In The New Normal

    Author Photo

    Law firm leaders and marketers should consider several fundamental questions as they develop their corporate social responsibility programs amid the pandemic with reduced available time, money and personnel, including identifying a realistic charitable spending budget and seeking input from firm lawyers, clients and nonprofit partners, says Tina van der Ven at NewStar Media.

  • What To Expect On Key Civil Procedure Issues From Barrett

    Author Photo

    Judge Amy Coney Barrett's prolific opinion writing on the Seventh Circuit reveals a clear picture of what we can expect from this jurist on issues such as state court personal jurisdiction over out-of-state defendants, Article III standing and the application of federal law in diversity actions, says James Wagstaffe at Wagstaffe von Loewenfeldt Busch.

  • How DOL Proposal Changes Independent Contractor Analysis

    Author Photo

    Attorneys at Littler break down the U.S. Department of Labor’s recently proposed independent contractor rule, explaining how it alters the U.S. Supreme Court's so-called economic reality test, the key factors of its new tiered analysis, and how the November elections could influence its ultimate fate.

  • A Likely Tipping Point For Nonlawyer Ownership Of Law Firms

    Author Photo

    The Arizona Supreme Court's recent decision to eliminate prohibitions on nonlawyer ownership of law firms may show that the organized bar's long-standing rhetoric that such rules are essential to protecting the legal profession's core values is overblown, say Anthony Sebok at Cardozo School of Law and Bradley Wendel at Cornell Law School.

  • The Challenges Facing Trump's Drug Pricing Order

    Author Photo

    President Donald Trump's executive order on international reference pricing for Medicare drugs is likely to either languish in Congress or die in court, but more modest drug pricing reform measures may be viable in the coming year, say attorneys at Ropes & Gray.

  • Beware DOJ's Statutory Tool For Fighting COVID-19 Fraud

    Author Photo

    Companies engaged in commerce related to COVID-19 or that have received Paycheck Protection Program funding should familiarize themselves with a fraud statute, under which the U.S. Department of Justice has been successful in obtaining injunctions even before defendants are charged with a crime, say attorneys at V&E.

  • Breaking Down The Top 3 COVID-19 Workplace Claims

    Excerpt from Practical Guidance
    Author Photo

    Attorneys at Fisher Phillips identify litigation trends in the three most common types of COVID-19 claims filed against employers to date, and discuss risk-reduction and defense strategies.

  • A Road Map For Drafting Persuasive Discovery Motions

    Author Photo

    Best practices that can help litigators write convincing discovery motions include thinking about the audience, addressing a few key questions, and leaving out boilerplate from supporting briefs, says Tom Connally at Hogan Lovells.

  • How Congress Can Depoliticize The Supreme Court

    Author Photo

    Congress has multiple means to take the politics out of federal judicial nominations and restore the independence of the U.S. Supreme Court — three of which can be implemented without a constitutional amendment, says Franklin Amanat at DiCello Levitt.

  • Opinion

    1st Circ. ERISA Benefit Ruling Misapplies Review Standard

    Author Photo

    The First Circuit’s recent decision in Doe v. Harvard Pilgrim Health Care — affirming denial of health insurance coverage based on the de novo review standard under the Employee Retirement Income Security Act — is dubious because it deviates markedly from civil procedure requirements and conflicts with U.S. Supreme Court jurisprudence, says Mark DeBofsky at DeBofsky Sherman.

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

    Author Photo

    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • Trump's Drug Pricing Order Is More Bark Than Bite

    Author Photo

    President Donald Trump's new executive order addressing pricing for drugs covered by Medicare Parts B and D glosses over enormous difficulties in restructuring Medicare operations and is unlikely to lead to any imminent changes, say attorneys at Debevoise.

  • Key Regulatory Concerns For Cos. Making COVID-19 Products

    Author Photo

    Recent enforcement actions by federal agencies against businesses making products intended to protect against COVID-19 highlight why companies must understand which regulators they are answerable to, and what standards they must follow when producing, advertising, labeling and selling their goods, say attorneys at Crowell & Moring.

  • Anthem-Cigna Merger Ruling Highlights Post-Deal Issues

    Author Photo

    The Delaware Chancery Court's recent decision to halt the Anthem-Cigna merger on antitrust grounds is most notable for not holding Cigna liable for breaching its obligation to support the transaction, and underscores the vulnerability of merger-of-equals transactions to post-signing issues, say attorneys at Fried Frank.

Want to publish in Law360?


Submit an idea
Can't find the article you're looking for? Click here to search the Health archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!