Health

  • October 16, 2020

    Workers Agree To Drop $320M Suit Against Hospital Network

    Franciscan Alliance Inc.'s current and former workers agreed Friday to drop their proposed class action claiming the hospital network exaggerated its connection with the Catholic Church to obtain an Employee Retirement Income Security Act exemption that let it underfund its pension plan by $320 million.

  • October 16, 2020

    Harvard Prof Says Spy Rhetoric May Have Tainted Grand Jury

    A Harvard University professor charged with lying about his ties to the Chinese government and additional tax offenses claimed in a hearing Friday that salacious rhetoric about spying and espionage may have tainted the grand jury that indicted him.

  • October 16, 2020

    Lowenstein Sandler Adds Antitrust Partner Jonathan Lewis

    Lowenstein Sandler LLP has bolstered its antitrust practice with the addition of Jonathan L. Lewis as a partner in its Washington, D.C., office, where he will serve clients in the manufacturing, chemicals, pharmaceuticals, health care and technology sectors.

  • October 15, 2020

    DC Circ. Skeptical Hospital Price Disclosure Rule Is Unlawful

    A D.C. appeals panel pushed a health care trade group Thursday to explain why the Trump administration's upcoming hospital price transparency rule runs afoul of the First Amendment and federal procedural law, since medical centers already must disclose standard patient costs.

  • October 15, 2020

    NJ Nursing Home Must Pay Workers For 401(k) Lapse

    A New Jersey nursing home that botched its employees' 401(k) plan must pay missed matching contributions — but not amounts workers would have contributed from their paychecks — a three-member National Labor Relations Board panel wrote Wednesday, partially reversing an agency judge's earlier decision.

  • October 15, 2020

    Coronavirus Litigation: The Week In Review

    State Farm has been accused of charging excessive and unfair premiums during the coronavirus pandemic, Six Flags faces claims that it kept collecting monthly membership fees despite its theme parks being closed and a consumer advocacy group says the Trump administration is shrouding the federal government's billion-dollar contracts for COVID-19 vaccine development in secrecy.

  • October 15, 2020

    Ropes & Gray Nabs Health Partner From Hogan Lovells

    Ropes & Gray LLP has boosted its Washington, D.C., presence by snapping up a transactional and regulatory attorney from Hogan Lovells with expertise in the drug pricing and managed care fields.

  • October 15, 2020

    Pot Co. Says Stock Buys Disprove $144M 'Sham' Asset Plot

    Canadian cannabis company Aphria asked a Manhattan federal judge to reconsider his decision to keep a proposed securities class action against the company alive, arguing stock purchases by executives prove they didn't knowingly mislead investors.

  • October 15, 2020

    Text-Messaging Health Provider Scores $118M From PE Firms

    Digital health care platform 98point6, working with Wilson Sonsini, said Thursday it landed $118 million in its latest funding round as the company, which allows patients to seek treatment via text messages, is seeing a rise in demand amid the coronavirus pandemic.

  • October 15, 2020

    Comcast Faces Proposed Class Action Over Outdoor Therapy

    Comcast Corp. and Magellan Health Services Inc. are facing a proposed class action from a former employee who says the companies violated federal benefits law by refusing to cover her daughter's wilderness therapy.

  • October 15, 2020

    Trump Admin. Sued For Withholding Virus Vaccine Contracts

    The Trump administration is stonewalling a consumer advocacy group's request for details about the federal government's billion-dollar contracts with Moderna, Pfizer and other pharmaceutical giants for COVID-19 vaccine development and manufacturing, according to a lawsuit filed Thursday.

  • October 15, 2020

    11th Circ. Gives Ex-NFL Player Another Shot At Disability Suit

    The Eleventh Circuit on Thursday revived former defensive lineman Darren Mickell's bid to get disability benefits from a National Football League retirement plan, ruling the plan's retirement board wrongly ignored evidence that supported the player's claim.

  • October 14, 2020

    State AGs Bash DOJ's Proposed Opioid Deal With Purdue

    Dozens of state attorneys general on Wednesday slammed the U.S. Department of Justice's plan to preserve Purdue Pharma as a public beneficiary trust through a proposed settlement that could end federal liability the company faces for its alleged role in the opioid epidemic.

  • October 14, 2020

    Ill. Medical Group Can't Duck Ex-Worker's Stock Cash Out Suit

    An Illinois federal judge on Tuesday refused to let a physicians group defeat accusations that it unlawfully failed to pay a former employee the fair $1 million value of her shares in the company because she challenged an impending asset sale.

  • October 14, 2020

    Full Texas Court Mostly Affirms $14.1M Med Mal Verdict

    An en banc Texas appellate court on Wednesday largely upheld a $14.1 million award in a suit accusing a doctor of botching a woman's care following gastric bypass surgery which caused permanent brain damage, saying certain evidence was properly admitted.

  • October 14, 2020

    Top Mallinckrodt Creditor Opposes Del. Ch. 11 Strategy

    A top Mallinckrodt PLC lender group warned Wednesday that it opposes the bankrupt global drugmaker's "flawed" plan to shed $1 billion of its debt in a Delaware Chapter 11 that also seeks nearly $2 billion in multiyear settlements for opioid suits and other claims.

  • October 14, 2020

    Whistleblower In Merit Medical Case Gets Closure, And $2.7M

    The chief compliance officer who blew the whistle on an alleged kickback scheme involving his former employer Merit Medical Systems, resulting in an $18 million settlement announced Wednesday by the U.S. Department of Justice, told Law360 he's glad to have closure following his ordeal and that he stands by his decision to do what he said was right.

  • October 14, 2020

    Allergan, Teva Sanctioned For Flouting Opioid MDL Discovery

    An Ohio federal judge sanctioned Allergan and Teva Pharmaceuticals after concluding Wednesday that they didn't search diligently for a damning internal audit of efforts to spot suspicious opioid orders and likely would have done so if the audit helped their legal defense in multidistrict litigation.

  • October 14, 2020

    SEC Seeks To Restore Judgment Nixed By 9th Circ. Over Liu

    The U.S. Securities and Exchange Commission asked a California federal judge on Tuesday to largely restore a $15.5 million judgment reversed by the Ninth Circuit earlier this year in light of a high court ruling on the regulator's disgorgement powers.

  • October 14, 2020

    Justices Urged To Block Arbitration In Dental Suppliers' Fight

    A dental supplier has urged the U.S. Supreme Court to reject a rival's bid to force an antitrust suit into arbitration, saying a contract between the two sides does not require such a move.

  • October 14, 2020

    Green Groups Call EPA Chemical Emissions Rule 'Weak'

    Eleven environmental groups have asked the D.C. Circuit to review the U.S. Environmental Protection Agency's rule regulating toxic emissions for roughly 200 chemical plants, saying the "weak" rule leaves still leaves those living in areas surrounding those plants exposed to unacceptable cancer risks.

  • October 14, 2020

    New Mexico Can't Block Nonresidents' Medical Pot Access

    A New Mexico judge has thrown out a rule from the state's health department that restricted nonresidents' access to the state's medical marijuana program.

  • October 14, 2020

    NY Court Dismantles Suit Over Patient's Paralysis And Death

    A New York appeals court on Wednesday reversed the denial of quick wins to three doctors accused of causing a patient's paralysis and death, saying the patient's wife's experts engaged in speculation.

  • October 14, 2020

    AstraZeneca Inks $486M COVID-19 Antibody Deal With Gov't

    The Trump administration announced a deal to fund two Phase 3 clinical trials of AstraZeneca's investigational COVID-19 antibody cocktail Wednesday at a total cost of $486 million as part of the government's Operation Warp Speed program.

  • October 14, 2020

    5th Circ. Deems Texas Abortion Law Unconstitutional

    A split Fifth Circuit on Tuesday ruled that a Texas law banning a common second-trimester abortion procedure violates the 14th Amendment by overburdening women who want to obtain a previability abortion.

Expert Analysis

  • The Unique Challenges Of Protecting A Law Firm Brand

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    Recent law firm trademark disputes highlight how the tension between legal ethics rules and trademark law can make it difficult for firms to select brands that are distinctive and entitled to protection, say Kimberly Maynard and Tyler Maulsby at Frankfurt Kurnit.

  • SmileDirect Decision Reveals Antitrust Risk For State Boards

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    The Eleventh Circuit's recent decision in SmileDirectClub v. Battle, denying the Georgia Board of Dentistry's argument for state action immunity from an antitrust suit, highlights the liability that state board members may be exposed to unless actively supervised by the government, say Steven Fellman and Richard Bar at GKG Law.

  • 4 Issues To Watch In Philly FTC Hospital Merger Trial

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    On Monday, a Pennsylvania federal court will hear the first-ever hospital merger challenge based on alleged harm to the inpatient rehabilitation services market in Federal Trade Commission v. Thomas Jefferson University, a case that highlights critical market definition, efficiencies and competition issues for parties considering mergers, say Douglas Litvack and David Maas at Davis Wright.

  • Avoiding Internal Legal Conflict When A Payor Is A Provider

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    With COVID-19 likely accelerating vertical consolidation and the blurring of lines between health payors and providers, hybrid organizations should take steps to prevent internally inconsistent legal positions and make decisions based on their broader interests, says Elliot Gordon at JAMS.

  • What Rejection Of EPA Immunity In Flint Suits Means For Cos.

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    After a Michigan federal court's ruling that the U.S. Environmental Protection Agency is not immune from negligence claims over the water crisis in Flint, Michigan, companies facing lawsuits related to their actions following EPA guidance should consider whether the agency shares some fault, say attorneys at Faegre Drinker.

  • Takeaways From DOJ Civil Division's Inability-To-Pay Memo

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    Guidance issued last week at the U.S. Department of Justice is helpful insofar as it clarifies the Civil Division's inability-to-pay process and criteria, but many open questions remain, say Matthew Miner and Amanda Robinson at Morgan Lewis.

  • China's Talent Recruiting Plans Pose New Risks For Academia

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    Although recent U.S. Department of Justice enforcement related to China's Thousand Talents Plan has, thus far, focused on individuals, it is not unforeseeable that the DOJ could pursue universities for criminal or civil liability for violations associated with federal research grants, say Ivan Boatner and William Beasley at Baker Donelson.

  • What To Know When Making Dispositive Motions In Arbitration

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    As practitioners increasingly turn to dispositive motion practice within arbitration, they should be aware of the underlying authority for these motions and consider practical guidance for their use, says arbitrator and mediator Janice Sperow.

  • ERISA Ruling Shows Daunting Review Standard For Claimants

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    The Eighth Circuit’s recent decision to overturn a reinstatement of disability benefits in McIntyre v. Reliance Standard Life Insurance highlights claimants’ ongoing battle to mitigate the harsh impact of the arbitrary and capricious standard of judicial review for Employee Retirement Income Security Act disputes, says Mark DeBofsky at DeBofsky Sherman.

  • Virus Relief Bill Could Harm Lending, Collections Landscape

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    The Health and Economic Recovery Omnibus Emergency Solutions Act's proposed stay on debt collection and enforcement efforts, though well-intentioned, is fraught with unintended consequences that could limit access to credit and exacerbate already-distressed economic conditions during the pandemic, say attorneys at Montgomery McCracken.

  • Assessing Health Data Privacy Damages During A Pandemic

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    Class action litigation related to data privacy in the health care industry is expected to trend upward during the COVID-19 era due to increased reliance on telehealth and contact tracing initiatives, heightening the importance of understanding the different economic approaches and challenges to valuing damages, say analysts at Cornerstone Research.

  • 5 Common Virus-Related Employment Claims To Know

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    Jessica Shpall Rosen and Keli Liu at Greenwald Doherty discuss trending pandemic-related employment law claims, and explain how companies can mitigate risk by focusing on compliance and defense strategy.

  • 4 Ways Amicus Briefs Can Support An Overall Legal Strategy

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    The strategic use of amicus briefs can help an appellate court think about a case in a new way and lift an organization's own cause or reputation for legal thought, say Mark Chopko and Karl Myers at Stradley Ronon.

  • The Enforcement Vacuum Surrounding 340B Drug Pricing

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    The Health Services and Resources Administration recently disclaimed the authority to enforce its guidance on the 340B Drug Pricing Program, opening the door to opposing interpretations of the law, but some legal strategies may help with navigating the current industry confusion, say Emily Cook and Steven Schnelle at McDermott.

  • 2 FCA Defenses Can Address Vague Pandemic-Related Rules

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    Government contractors should anticipate False Claims Act suits alleging failure to comply with ambiguous regulatory and contractual requirements related to COVID-19 by maintaining records needed to mount lack of falsity and lack of scienter defenses, says Marc Van Allen at Jenner & Block.

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