Health

  • March 08, 2024

    7th Circ. Wants 'Roadmap' For Ill. Workplace Disease Law

    The Seventh Circuit has asked the Illinois Supreme Court to weigh in on the state's Workers' Occupational Diseases Act, saying it needs a "roadmap" to handle claims for asbestos and other diseases that manifest belatedly as it considers a widow's suit alleging her husband's exposure to a toxic chemical while working for Goodrich Corp. led to his death.

  • March 08, 2024

    Sorrento Gets OK For $2M Ch. 11 Funding Infusion, Asset Sale

    A Texas bankruptcy judge on Friday approved drug developer Sorrento Therapeutics Inc.'s bid for an asset sale and $2 million in funds to fuel its Chapter 11 case, saying they represented the only option outside of a transition to Chapter 7.

  • March 08, 2024

    Kaiser Doesn't Want To Underwrite Seattle Soccer Site

    Kaiser Foundation Health Plan says a real estate company is trying to make the health insurer "a de facto financier" of a massive development plan that includes a Seattle Sounders FC soccer training facility, according to a complaint filed in Washington state court.

  • March 08, 2024

    Widener U. Hit With COVID Campus Fee Refund Suit

    Pennsylvania private school Widener University has been hit with a proposed class action seeking prorated tuition and fee reimbursements over its decision to close its campus in spring 2020 in response to the COVID-19 pandemic, a move which the suit says deprived students of resources they paid for.

  • March 08, 2024

    Exclusion Bars Coverage For Ga. Fair E. Coli Suit

    Nautilus Insurance Co. has no duty to defend or indemnify a harvest fair accused in an underlying state court suit of exposing two children to E. coli, a Georgia federal court has ruled, saying an infectious disease exclusion unambiguously precludes coverage.

  • March 08, 2024

    Pa. Court Grants Seizure Of Nursing Homes In 'Dire' Condition

    A Pennsylvania federal court has granted an emergency request for a receiver to take control of six nursing homes in the state that Revere Tactical Opportunities REIT LLC claims were left in a "dire financial condition" by the properties' owners, who had also allegedly defaulted on a $30 million loan.

  • March 07, 2024

    Abortion, Drug Costs Top Health Issues in State Of The Union

    President Joe Biden laid out a forceful healthcare agenda in his State of the Union address on Thursday, promising to ramp up efforts to control drug prices and pledging to reinstate the federal right to an abortion if voters elect a pro-abortion Congress.

  • March 07, 2024

    Judges Say Facing Threats And Vitriol Now Part Of The Job

    Federal judges spoke Thursday about the challenges of the profession in the 21st century, describing how they've either received threats or know of warnings against colleagues, with one jurist saying she received 11 death threats during her first three months on the bench.

  • March 07, 2024

    Judge Doubts Medicare Drug Pricing Amounts To 'Taking'

    A New Jersey federal judge on Thursday bristled at the position by pharmaceutical companies that Medicare's drug price negotiation program is an unconstitutional "taking" that undercuts their bottom line, suggesting that the drug powerhouses needed more numbers to back their argument.

  • March 07, 2024

    Wash. Justices Won't Hear Unions' Wage Clawback Case

    Washington's highest court has rejected three unions' request for justices to decide how private employers may respond when they erroneously overpay employees, clearing the way for a jury to hear the case contesting a healthcare system's wage clawback after its payroll system was hit by a cyberattack.

  • March 07, 2024

    5th Circ. Backs NLRB On Nurse Fired Over COVID Complaints

    The Fifth Circuit upheld on Thursday a National Labor Relations Board ruling finding a Texas home health company unlawfully fired a nurse who raised concerns about the company's handling of the COVID-19 pandemic, but cleared the company on the claim that it barred workers from discussing wages.

  • March 07, 2024

    2nd Circ. Keeps Nurse's Win In 'Loser Pays' Arbitration Row

    The Second Circuit said Thursday that a worker advanced "sufficiently serious" questions of whether a staffing company's arbitration provision requiring him to pay if he lost would impede on his rights, keeping a New York federal court's ruling.

  • March 07, 2024

    Harpoon Shareholder Sues For Records On $680M Merck Buy

    A shareholder of Harpoon Therapeutics Inc. sued in Delaware's Court of Chancery Thursday for corporate documents related to the company's proposed $680 million cash buyout by Merck, saying the proposed deal appears to unfairly "lock in a windfall for select Harpoon investors."

  • March 07, 2024

    Cano Health's Ch. 11 Financing Approved Consensually

    Primary care group Cano Health Inc. told a Delaware bankruptcy judge Thursday that productive talks with a recently appointed creditors' committee had enabled it to submit a consensual order to gain final approval for its $150 million Chapter 11 loan.

  • March 07, 2024

    Wash. Appeals Panel Won't Revive Workers' Vaccine Bias Suit

    A Washington state appeals court refused Thursday to revive a disability bias suit alleging a hospital system unlawfully fired dozens of healthcare workers who did not get the COVID-19 vaccine, finding the workers' unvaccinated status didn't qualify as a disability under the law.

  • March 07, 2024

    Conn. Psychologist Agrees To Repay $2.65M For Billing Fraud

    A Connecticut psychologist already sentenced to 27 months in federal prison for his second alleged healthcare fraud scheme has agreed to a plan to repay $2.65 million in restitution under a proposed order that awaits approval from a federal judge.

  • March 07, 2024

    Moses & Singer Healthcare Atty Joins Day Pitney In Hartford

    Day Pitney LLP has added an experienced attorney to its Hartford office as counsel from Moses & Singer LLP in New York.

  • March 07, 2024

    Activist Caligan Sets Sights On Anika Therapeutics Again

    New York-based activist investor Caligan Partners LP disclosed a nearly 10% stake in Anika Therapeutics and nominated two director candidates, a move that comes a year after the hedge fund urged the biotech company to consider "urgent changes" to its operations and structure.

  • March 06, 2024

    Top Calif. Antitrust Atty Says Criminal Cases On The Horizon

    California is poised to start prosecuting criminal antitrust cases under a Golden State law that is "broader" than federal law, a senior assistant attorney general for the California Department of Justice said Wednesday at a San Francisco conference.

  • March 06, 2024

    Garland On AI Crime, And A Taylor Swift Tune For DOJ

    U.S. Attorney General Merrick Garland on Wednesday told a group of lawyers gathered in San Francisco that the U.S. Department of Justice is ramping up its hiring of computer scientists to fight artificial intelligence-driven crime and also revealed which Taylor Swift song he thought should be the department's anthem.

  • March 06, 2024

    CBP Details Apple Watch Redesign OK In Masimo Patent Row

    U.S. Customs and Border Protection has released its January decision finding that redesigned Apple Watches do not infringe Masimo Corp.'s blood oxygen monitor patents, explaining that while the new versions can access the patented feature, doing so requires "significant alteration."

  • March 06, 2024

    J&J Seeks Exit From Suit Over Stelara Exclusivity

    Johnson & Johnson told a Virginia federal court Tuesday it shouldn't have to face a proposed class action claiming it has been trying to stifle competition in the market for the immunosuppressive drug Stelara, saying there was no "scheme" to enforce its patents as the suit alleges.

  • March 06, 2024

    5th Circ. Weighs 'Very Complex' Chemo Hair Loss Dispute

    The Fifth Circuit is weighing whether two drug manufacturers had an obligation to expedite changing the label on their chemotherapy medications to warn of permanent hair loss in a case one justice describes as "a very complex situation" that will have far-reaching consequences for drugmakers and patients.

  • March 06, 2024

    FTC Can Depose Hospitals' Execs In Merger Challenge

    A North Carolina federal magistrate judge has overruled two hospital systems' objections to the depositions of six Novant Health employees by the Federal Trade Commission in its antitrust action against a proposed $320 million merger, rejecting the healthcare providers' arguments that such depositions would be duplicative.

  • March 06, 2024

    Quinn Emanuel's 2nd $185M Fee Bid Blasted As 'Indefensible'

    Quinn Emanuel Urquhart & Sullivan LLP's second attempt to win $185 million in attorney fees in $3.7 billion litigation over the Affordable Care Act still fails to justify the "indefensible" amount and barely pays "lip service" to a reevaluation ordered by the Federal Circuit, health insurers told the federal claims court.

Expert Analysis

  • Grant Compliance Takeaways From Ga. Tech's FCA Settlement

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    Georgia Tech’s recent False Claims Act settlement over its failure to detect compliance shortcomings in a grant program was unique in that it involved a voluntary repayment of funds prior to the resolution, offering a few key lessons for universities receiving research funding from the government, says Jonathan Porter at Husch Blackwell.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Potential Defendant Strategies Amid Calif. Privacy Questions

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    Although the current case law surrounding the California Consumer Privacy Act is in its infancy, courts have begun addressing important issues related to the notice-and-cure provisions of the statute, and these decisions show defendant-businesses would be wise to assert their notice rights early and repeatedly, say Viola Trebicka and Dan Humphrey at Quinn Emanuel.

  • How Facilities Can Address Legal Risk Of Wandering Patients

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    Wandering behavior in acute care facilities is a challenging healthcare issue rife with legal ramifications, so it's crucial for facilities to perform the correct risk assessments and appropriate interventions, says legal nurse consultant Marilyn McCullum.

  • How Poor Governance, Weak Contracts Harm Cannabis Cos.

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    Decades into cannabis decriminalization and legalization, many companies in the industry still operate on a handshake basis or fail to keep even minimally required records, which can have devastating effects and lead to costly, business-killing litigation, says Griffen Thorne at Harris Bricken.

  • Del. Ruling Adds Momentum For Caremark Plaintiffs

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    The Delaware Supreme Court's recent opinion in Lebanon County Employees' Retirement Fund v. Collis could be viewed as expanding plaintiffs' ability to viably plead a Caremark claim against directors, so Delaware companies should be on heightened alert and focus on creating a record of board oversight, say attorneys at V&E.

  • How Biotech Cos. Can Utilize Synthetic Royalty Financing

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    Synthetic royalty transactions have been on the rise as a funding structure for biotechnology companies, but questions have arisen surrounding how such transactions work, and structuring them correctly requires a nuanced understanding, say Todd Trattner and Ryan Murr at Gibson Dunn.

  • 2 SEC Orders Illuminate Bribery Risks For US-China Cos.

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    The U.S. Securities and Exchange Commission’s foreign bribery-related resolutions with 3M and Clear Channel offer important takeaways on compliance risks for companies with operations in China, from the role of traditionally low-risk vendors to gaps in internal accounting controls, say attorneys at Miller & Chevalier.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • Best Practices For Untangling Mass Tort Claimants' Liens

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    Recent litigation over faulty earplugs produced by 3M is just one example of a mass tort where settlement payouts to claimants will likely be complicated by the number of liens and lienholders involved — but claimants' attorneys can speed up the lien resolution process by keeping a few key strategies in mind, says Mark Eveland at Verus.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • How Biotech Deals May Help Competition, Despite FTC View

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    The Federal Trade Commission's complaint against Sanofi's proposed partnership with Maze Therapeutics highlights increasing skepticism of so-called killer acquisitions, but a closer look reveals potentially legitimate reasons behind why entities might decide to delay or abandon the development of acquired products, say consultants at Analysis Group.

  • Health Policy Legislative Landscape May Remain Frozen

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    With Congress again delaying the full resolution of fiscal year 2024 federal spending legislation, there is now an additional window in which Congress could work through several priority issues for healthcare stakeholders, though these issues are unlikely to be resolved in time, say attorneys at Faegre Drinker.

  • Expediting Psychedelics Approvals In The US And Canada

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    Accelerated regulatory pathways for psychedelics in the U.S. and Canada play a pivotal role in the progression of drugs, devices and novel therapies toward commercialization, say Kimberly Chew at Husch Blackwell, and Ana Dukic and Sabrina Ramkellawan at AxialBridge.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

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