Health

  • July 3, 2019

    Health Hires: Carlson & Jayakumar, Baker Donelson, Ropes

    Carlson & Jayakumar picked up a former health sciences general counsel for the University of Southern California, Ropes & Gray has picked up a veteran attorney from the National Institute of Health, and Baker Donelson hired a former Medicare Appeals Court judge, headlining Law360's latest roundup of personnel moves in the health care and life sciences arena.

  • July 3, 2019

    Next Supreme Court Term Already Filled With Headliners

    The U.S. Supreme Court will have only a few months out of the spotlight before it reconvenes to hear a number of blockbuster cases in the fall, including a historic LGBT rights issue and whether the Trump administration can rescind legal protections for thousands of young immigrants.

  • July 3, 2019

    9th Circ. Seeks Nevada's Help With Defense Recoup Riddle

    The Ninth Circuit has asked the Nevada Supreme Court to decide whether a reservation of rights letter is enough to let an insurance company recoup defense costs from an insured after a court finds it never owed any coverage in the first place.

  • July 3, 2019

    Trans Professor Wants Title VII Sex Bias Claim Kept Alive

    A transgender University of Arizona professor has hit back at a federal magistrate judge’s recommendation to toss his claim that his health plan's failure to cover gender reassignment violates federal anti-discrimination law, arguing the statute’s sex discrimination bar extends to bias based on gender nonconformity.  

  • July 3, 2019

    Prison Health Contractor Shorted Therapists' OT, Suit Says

    Therapists contracted to work at Pennsylvania prisons said their employer had improperly classified them as exempt from overtime pay, despite some who put in 70-plus hours a week providing mental health services to prisoners, according to a proposed collective action lawsuit filed Wednesday in a Pittsburgh federal court.

  • July 3, 2019

    The Top Injury And Med Mal Cases Of 2019: Midyear Report

    With the first six months of 2019 in the books, the personal injury bar has seen a newly conservative-leaning Florida Supreme Court adopt a new expert witness admissibility standard, the U.S. Supreme Court issue a big win for shipowners and a Brooklyn jury hand up a record injury verdict. Here, Law360 looks back at some of the top personal injury and medical malpractice decisions from the first half of the year.

  • July 3, 2019

    The Top Antitrust Conduct Cases Of 2019: Midyear Report

    The world’s dominant chipmaker saw part of its business model deemed illegal, the Federal Trade Commission added a new kind of generic drug patent settlement to the list of banned deals, and the European Commission slapped Google and Mastercard with more than $2 billion in fines. Here, Law360 looks at some of the biggest antitrust cases in the first half of 2019 and what they mean for the future.

  • July 2, 2019

    J&J Opioid Sales Rep Wooed 'Pill Mill' Doctors, Judge Hears

    A lawyer representing Oklahoma in its landmark opioid crisis trial against Johnson & Johnson questioned a longtime sales rep Tuesday in a bid to show the drugmaker prioritized dollars over human life, questioning the state's final witness about the parade of doctors on her beat who saw their patients overdose.

  • July 2, 2019

    Md. Jury Awards Whopping $229M In Birth Injury Suit

    A Maryland jury has awarded a family more than $229 million in a suit accusing a Johns Hopkins Health System hospital of causing an infant’s permanent brain damage and other serious injuries, which an attorney for the family said is the largest medical malpractice award in state history.

  • July 2, 2019

    Union Asks To Yank NLRB Charge That Caught GC's Eye

    An SEIU local wants to withdraw a National Labor Relations Board charge claiming a New Jersey senior care center illegally punished certain workers before giving it the chance to bargain, potentially signaling an end to a case the NLRB's general counsel highlighted as a possible vehicle for changing board precedent. 

  • July 2, 2019

    Tiversa Wants LabMD Sanctioned Over Deposition Questions

    Cybersecurity company Tiversa on Tuesday urged a Pennsylvania court to sanction LabMD for engaging in "fishing expeditions" during recent depositions that allegedly strayed from the confines of a recent court order.

  • July 2, 2019

    4th Circ. Lifts Ban On Abortion 'Gag Rule'

    The Fourth Circuit ruled 2-1 on Tuesday to lift a lower court's block of a Trump administration rule that bans federally funded health care providers from giving abortion referrals, becoming the latest appeals court to reverse an injunction against the "gag rule."

  • July 2, 2019

    Feds, Drugmakers Grilled Over Rule Mandating Prices In Ads

    A D.C. federal judge asked sharp questions Tuesday as to whether the government can require manufacturers' drug prices in TV ads, as several drugmakers argued that a new rule mandating the disclosures would mislead consumers and step outside the feds' authority.

  • July 2, 2019

    Insys Reaches Ch. 11 Deal To Pause State Opioid Suits

    A Delaware bankruptcy judge on Tuesday gave his nod to a deal that Insys Therapeutics Inc. has brokered with a handful of state attorneys general to pause opioid litigation as the company moves forward with plans for its Chapter 11 sale.

  • July 2, 2019

    NJ To Phase Out Sales Tax On Medical Pot, Allow Local Tax

    New Jersey will phase out the state sales tax on medical cannabis by 2022 and allow towns that host dispensaries to impose up to a 2% local transfer tax as part of a bill Gov. Phil Murphy signed Tuesday.

  • July 2, 2019

    Sens. Probe Tax-Exempt Medical Groups' Ties To Drugmakers

    The leaders of the Senate Finance Committee have opened an investigation into whether tax-exempt pain advocacy groups, professional associations and medical associations had ties to opioid manufacturers and whether those relationships posed conflicts of interest.

  • July 2, 2019

    Doctor Training Programs Spark Fight In Philly Hospital Ch. 11

    The fate of more than 500 doctors participating in residency training programs at Hahnemann University Hospital in Philadelphia could be decided next week after attorneys for Drexel University College of Medicine expressed concerns Tuesday about the lack of communication as the hospital pursues a wind down in Delaware bankruptcy court.

  • July 2, 2019

    Aviacode To Pay Coders Over $1.5M To End Wage Suit

    Medical coding services provider Aviacode Inc. has agreed to shell out over $1.5 million to resolve a suit claiming it shorted more than 1,000 current and former coders on pay and overtime by calling them independent contractors instead of employees.

  • July 2, 2019

    Esformes Can't Get Forfeiture Verdicts Tossed

    A Florida federal judge has rejected convicted nursing home mogul Philip Esformes' bid to overturn a verdict ordering him to forfeit his interests in operating companies for seven Miami-area facilities after his conviction for money laundering.

  • July 2, 2019

    DaVita Workers Missed Chance At OT Suits, 10th Circ. Says

    The Tenth Circuit on Tuesday refused to revive several suits from DaVita workers alleging that their employer flouted the Fair Labor Standards Act by shorting them on overtime, holding that the employees already had a chance to bring the claims but failed to do so.

  • July 2, 2019

    2nd Circ. Sends Home Care Worker's Wage Suit To Arbitration

    The Second Circuit ruled Tuesday that a New York City home health care provider can push claims that it stiffed a worker on overtime and premium pay into arbitration, saying a trial court misinterpreted a mandatory arbitration clause in a collective bargaining agreement.

  • July 2, 2019

    Trans Librarian Seeks Quick Win In Alaska Surgery Bias Suit

    A transgender librarian with the Alaska State Legislature has told a federal judge that the state's health plan violates federal anti-discrimination law by refusing to cover gender reassignment surgery because the exclusion of transgender individuals is unlawful sex stereotyping.

  • July 2, 2019

    Inovia Leads $25M Fundraise For Health Tech Biz AlayaCare

    AlayaCare, a Canadian provider of health care software, on Tuesday said investors led by Inovia Capital poured CA$33 million ($25.1 million) through an equity fundraise, while also acquiring stock from early investors in the business.

  • July 2, 2019

    Davis Polk Assists On RoundTable's $700M Health Care Fund

    RoundTable Healthcare Partners, a Lake Forest, Illinois-based private equity firm focused exclusively on health care investments, said Tuesday it has wrapped up its fifth equity fund after securing $700 million from limited partners, with help from Davis Polk.

  • July 1, 2019

    J&J's Addiction Expert Slammed For Touting Screening Tools

    A UCLA addiction expert called by Johnson & Johnson in Oklahoma's landmark opioid crisis trial testified Monday that doctors have effective screening tools they should use to identify patients with addiction risks, but faced tough cross-examination questions about whether he'd misrepresented the usefulness of such tools.

Expert Analysis

  • Rebuttal

    What HHS Questions About Negotiated-Rate Disclosure Mean

    Author Photo

    A recent Law360 guest article appears to conflate questions the U.S. Department of Health and Human Services asked about potential disclosure of payer-negotiated health care rates with an Affordable Care Act provision, and neglects to reference contemporary data on hospital price growth, says Melinda Hatton of the American Hospital Association.

  • Perspectives

    Calif. Lawmakers Should Stay Out Of USC Sex Abuse Case

    Author Photo

    A pending settlement between the University of Southern California and 17,000 former students would resolve claims over the actions of a sexually abusive gynecologist. But proposed state legislation could undermine the settlement, says Shook Hardy partner Phil Goldberg, director of the Progressive Policy Institute’s Center for Civil Justice.

  • New Regs, New Tech Bring New Medical Device Cyber Liability

    Author Photo

    As medical devices manufacturers rely on other parties, like software developers and cloud storage providers, to add functionality to products, recent draft guidance on medical device cybersecurity from the U.S. Food and Drug Administration provides the contours of how product liability suits may proceed, say Raymond Williams and Megan Krebs of DLA Piper.

  • 5 Myths In Legal Crisis Communications

    Author Photo

    Having worked at a boutique law firm, a crisis communications agency and in BigLaw, I have identified a number of common misconceptions across these disparate business models when it comes to crisis and litigation communications, says Robert Gemmill of Hogan Lovells.

  • Effective Hospital Policies Can Shield Nurses From Liability

    Author Photo

    Nurses are frequent targets of negligence lawsuits, but hospitals can mitigate that risk by establishing clear chain-of-command and incident-reporting policies, and ensuring that they are followed, says David Johnson of Burns White.

  • An Overview Of The Debate Over Litigation Finance Disclosure

    Author Photo

    In light of a New York federal court's recent decision in Benitez v. Lopez, which joins a growing body of case law denying forced disclosure of commercial litigation finance, Stephanie Spangler of Norris McLaughlin and Dai Wai Chin Feman of Parabellum Capital break down the arguments commonly raised for and against disclosure.

  • FCA Challenge Poses 2 Potential Questions For Justices

    Author Photo

    If the U.S. Supreme Court accepts Intermountain Healthcare v. U.S., it is unlikely to consider the constitutional challenge to the False Claims Act, but may address the Tenth Circuit's incorrect analysis of how Federal Rule of Civil Procedure 9(b) should apply to FCA cases, says Laurence Freedman of Mintz.

  • Health Care Cos. Should Beware DOJ's Use Of Travel Act

    Author Photo

    The recent case against Forest Park Medical Center highlights the U.S. Department of Justice's increasingly aggressive stance in bringing federal health care prosecutions and its willingness to extend its prosecutorial reach through the Travel Act, say attorneys at Holland & Knight.

  • How To Identify And Deal With Narcissists In Law

    Author Photo

    Given that a large swath of the legal profession may display some narcissistic tendencies, it is important for lawyers to know how to address the narcissist in the room — and it may be you, says Jennifer Gibbs of Zelle.

  • New Clarity From NLRB On Successor Bargaining Duties

    Author Photo

    The National Labor Relations Board's recent Ridgewood Health Care Center decision will benefit successor employers in escaping so-called perfectly clear successor liability, providing flexibility following an acquisition of a business with a unionized workforce, say Amber Rogers and Gary Enis at Hunton.

  • Tide May Be Turning For Prop 65 Free Speech Defense

    Author Photo

    Can you be forced to slap language that you disagree with on a product that you sell, even if that language may be false or misleading — and may scare your customers? In California, the answer is yes. But recent decisions may signal a change, says Dennis Raglin of Buchalter.

  • Looking For The Hows And Whys Of FCA Cooperation Credit

    Author Photo

    Recent statements from the U.S. Department of Justice hint that formal guidance regarding cooperation in False Claims Act cases is coming. Recurrent themes found in the Justice Manual and other agencies’ cooperation policies suggest how the DOJ may frame cooperation and its benefits, says Megan Jeschke of Holland & Knight.

  • AI Is Forcing FDA Medical Device Rules To Evolve

    Author Photo

    The U.S. Food and Drug Administration is looking to modernize its regulatory framework to keep up with the impact that adaptive artificial intelligence has had on medical devices, but the FDA has a lot of work to do to get from concepts to real regulation, say attorneys at Reed Smith.

  • HHS Rule Could Disrupt How Hospitals And Insurers Set Rates

    Author Photo

    Buried in the text of the U.S. Department of Health and Human Services' new proposed rule on health care information technology are potentially explosive questions about the publication of payer-negotiated rates for health care services, say attorneys at Brownstein Hyatt.

  • Q&A

    A Chat With Cleary Chief Talent Officer Hy Pomerance

    Author Photo

    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview management from top law firms about the increasingly competitive business environment. Here, Amanda Brady and Dustin Laws talk with Hy Pomerance, chief talent officer of Cleary.

Can't find the article you're looking for? Click here to search the Health archive.