Health

  • June 27, 2019

    Indian Man Charged With Drug Smuggling, Money Laundering

    A Pennsylvania grand jury has indicted a Mumbai, India-based businessman on charges of smuggling drugs into the United States and laundering money, the U.S. attorney's office in Pittsburgh announced Thursday.

  • June 27, 2019

    FCA Suit Doesn't Show ManorCare Lied About Hospice: Judge

    An Ohio federal judge has extinguished a False Claims Act suit accusing HCR ManorCare Inc. of fraudulently billing Medicare for hospice services, finding that a whistleblower consultant failed to show that patients weren't actually dying.

  • June 27, 2019

    2 Firms Steer Bracco's $450M Diagnostic Imaging Biz Buy

    Italy's Bracco Imaging SpA, a manufacturer of agents and tracers used in diagnostic imaging, said Thursday it will pay $450 million to take over molecular imaging diagnostics business Blue Earth Diagnostics, with Greenberg Traurig and the Santa Maria Law Firm steering the buyer.

  • June 27, 2019

    Mass. AG Fines Nursing Home Operators For Wage Violations

    Massachusetts Attorney General Maura Healey on Thursday announced that the owners and operators of five nursing homes in the state have been hit with nearly $85,000 in penalties for allegedly failing to pay their workers.

  • June 27, 2019

    Willkie, Wilson Sonsini Lead Benefits Provider Deal Worth $2B

    HealthEquity has agreed to buy consumer-directed benefits provider WageWorks in an all-cash deal led by Willkie and Wilson Sonsini that boasts a roughly $2 billion enterprise value, the companies said Thursday, two months after the health savings account custodian first lobbed an offer for California-based WageWorks.

  • June 26, 2019

    Google Pulled Medical Record 'Heist' With U Of Chicago: Suit

    Google LLC pulled off "the greatest heist of consumer medical records in history" when it got de-identified electronic health records from the University of Chicago Medical Center, which it could then re-identify using its data-mining skills, a patient said in a putative class action filed in Illinois federal court Wednesday.

  • June 26, 2019

    J&J Can't Blame Okla. For Opioid Crisis, Official Testifies

    The head of Oklahoma's drug treatment efforts took offense Wednesday to a Johnson & Johnson attorney's suggestion during a combative cross-examination that the state itself bears some responsibility for the opioid crisis, fighting back tears as she said J&J was "dropping bombs" with its drug marketing and then blaming its victims for not building bomb shelters.

  • June 26, 2019

    LabMD Names Reed Smith In $150M Suit Over Tiversa Row

    LabMD Inc. launched a suit Wednesday seeking more than $150 million from Reed Smith LLP and others, saying the law firm helped cybersecurity company Tiversa Holding Corp. carry out an illegal scheme that led to a Federal Trade Commission lawsuit that put LabMD out of business.

  • June 26, 2019

    5th Circ. Asks If ACA's Invalidation Can Be Appealed

    The Fifth Circuit raised the question Wednesday of whether the Democrat-controlled U.S. House of Representatives and blue states can continue to defend the Affordable Care Act in the appeal of a district court’s invalidation of the landmark law.

  • June 26, 2019

    McKesson Dodges Generic Drug Price-Fix MDL For Now

    A Pennsylvania federal judge nixed claims Wednesday that McKesson Corp. earned billions of dollars by cooperating with an industry-wide price-fixing conspiracy among generic-drug makers, ruling that a putative class’ allegations in the multidistrict litigation are impermissible suppositions.

  • June 26, 2019

    ND Air Ambulance Regs Not Preempted, 8th Circ. Told

    Insurance regulators have asked the Eighth Circuit to uphold a North Dakota law limiting air ambulance companies from charging consumers excessive fees, saying the state law isn’t preempted by federal law governing air carrier’s prices, routes or services because it’s aimed at protecting policyholders.

  • June 26, 2019

    Doc Behind $215M USC Settlement Charged With Sex Assault

    A former University of Southern California staff gynecologist, whose alleged sexual abuse of female students prompted the university to reach a $215 million settlement with thousands of former patients, was arrested Wednesday and charged with 29 felonies, the Los Angeles County District Attorney's Office said.

  • June 26, 2019

    Medical Device Co. Gets Access To $20M In Bankruptcy Loans

    Durable medical device maker Joerns Healthcare LLC received court approval Wednesday in Delaware to access a quarter of an $80 million debtor-in-possession financing package to help fund its trip through bankruptcy and give it a cash cushion once it exits Chapter 11.

  • June 26, 2019

    NJ Gov. Berates College Grant Cut As July 1 Shutdown Looms

    With four days before a threatened government shutdown, New Jersey's governor continued his budgetary publicity blitz Wednesday, using community college funding as a backdrop for his vision of tax policy that he says favors citizens over special interests.

  • June 26, 2019

    Express Scripts Calls MTA Prescription Fraud Suit 'Fantasy'

    The New York City Transit Authority resorted to "fantasy" by fudging contract terms in its lawsuit accusing Express Scripts of failing to root out millions of dollars in excessive prescription drug claims, the nation's largest pharmacy benefits manager told a Manhattan federal court Tuesday.

  • June 26, 2019

    Deals Rumor Mill: Magellan, HDFC Bank, Everest Medicines

    Centerbridge Partners is close to snapping up managed care company Magellan Health, HDFC Bank has tapped Morgan Stanley and Bank of America to lead its nonbank finance business’ initial public offering and CBC Group is considering taking Everest Medicines public.

  • June 26, 2019

    NJ Governor Knocks Lawmakers For Dropping Opioid Fee

    Saying New Jersey's Legislature has given opioid manufacturers a pass by dropping a proposed opioid fee from the state budget, the governor has taken to the bully pulpit to urge increased fees on companies that manufacture and distribute opioids.

  • June 26, 2019

    Debt Collector Sued Over Medical Provider Data Breach

    Bankrupt collections firm Retrieval-Masters Creditors Bureau Inc. is facing a proposed class action in New York bankruptcy court claiming it knew of a data breach affecting millions of patients, including 11.9 million Quest Diagnostics Inc. patients, months before it became public.  

  • June 26, 2019

    DOJ Had Its Shot In CVS-Aetna Review, AMA Says

    The American Medical Association urged a D.C. federal judge Tuesday not to permit the U.S. Department of Justice to call "rebuttal" witnesses to defend its deal clearing CVS' purchase of Aetna, arguing the DOJ has already gotten a fair shake.

  • June 26, 2019

    4 Benefits Policy Developments To Watch In 2nd Half Of 2019

    In the coming months, lawmakers and regulators will be working on proposals that could rescue the ailing multiemployer pension system, let small businesses band together to buy retirement and health care plans, and allow workers to fund parental leave using their Social Security accounts. Here, Law360 tracks four policy developments benefits attorneys should watch in 2019's second half.

  • June 26, 2019

    Geisinger Urges Pa. Panel To Ax $5.5M Wrongful Firing Award

    Geisinger Health System had the absolute right to fire an obstetrician who won a $5.5 million verdict against the hospital chain after claiming his termination violated the terms of his employment contract, a Pennsylvania appeals court heard Wednesday.

  • June 26, 2019

    HHS Sued For Medicare Payout Formula After Justices' Ruling

    More than two dozen hospitals have urged a D.C. federal court to invalidate a formula the federal government uses to calculate Medicare payments to those caring for a large number of low-income patients, just weeks after the U.S. Supreme Court ruled it had not been properly implemented.

  • June 26, 2019

    2nd Of 5 NY Docs Eyed For Taking Insys Kickbacks Cops Plea

    A doctor admitted Wednesday to taking cash from Insys Inc. to prescribe its Subsys painkiller to patients, becoming the second of five New York physicians charged in Manhattan federal court to admit guilt in an anti-kickback prosecution.

  • June 25, 2019

    Opioid Deaths Will Rise Without J&J Fix, Okla. Judge Told

    The head of Oklahoma's Department of Mental Health and Substance Abuse Services took the stand Tuesday as the state's final witness in its trailblazing trial seeking to hold Johnson & Johnson liable for the opioid crisis, testifying that without a J&J-funded abatement plan, "more Oklahomans will die."

  • June 25, 2019

    FTC, States Crack Down On Robocallers With 94 New Cases

    The Federal Trade Commission and enforcers from California, Florida and 15 other states on Tuesday ramped up their growing scrutiny of illegal robocalling activities, announcing 94 new cases and settlements targeting a range of telemarketing operations that have been tied to more than 1 billion unsolicited calls. 

Expert Analysis

  • Gov't Contractors, Be Prepared For FCA Parallel Proceedings

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    The continued sprawl of False Claims Act cases warrants scrutiny of one of the statute's less understood characteristics — one set of facts can lead to concurrent or successive proceedings initiated by a combination of criminal, civil or administrative authorities, as well as private plaintiffs, say attorneys at DLA Piper.

  • What We Heard At The FTC Hearings: Day 22

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    The 13th hearing in the Federal Trade Commission’s series on competition in the 21st century focused on evaluating the FTC’s merger retrospective program. Jon B. Jacobs and Jeremy Keeney of Perkins Coie discuss some of the recurring themes, innovative concepts and key takeaways.

  • Justice Department's ACA Reversal Raises FCA Questions

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    The U.S. Department of Justice's about-face on Affordable Care Act constitutionality may discourage potential whistleblowers from coming forward unless the DOJ clarifies its plans to enforce the False Claims Act, says Cleveland Lawrence III of Mehri & Skalet.

  • Rebuttal

    Jury Trials, Though In Decline, Are Well Worth Preserving

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    In a recent Law360 guest article, the author applauded the disappearance of jury trials as an inefficient, costly mechanism, but in doing so he overlooked the greater value of jury trials for our justice system, says Stephen Susman, executive director of the Civil Jury Project at NYU School of Law.

  • Measles Vaccine Mandates Have Strong Legal Footing

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    In response to the recent measles outbreak, more cities and states are expected to follow New York City's lead with orders for mandatory measles vaccinations, and challenges to those orders are unlikely to be successful, say Michael Hoernlein and Rebecca Gauthier of Alston & Bird.

  • A Broader View Of The US Supreme Court Bar

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    During the past 15 years, three widely read articles bolstered by starstruck media have promulgated the incorrect perception — sorely in need of revision — that the U.S. Supreme Court bar is limited to a handful of elite lawyers, says Lawrence Ebner of Capital Appellate Advocacy.

  • Health Care Cos. Should Beware Usurpation Of Opportunity

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    A recent Delaware Court of Chancery decision, Personal Touch v. Glaubach, may prompt corporate leadership to be more attentive to the legal risks associated with the usurpation of corporate opportunity, especially in the health care sector, says Michael Peregrine of McDermott.

  • Inside DOJ's Recent Charitable Copay Foundation Settlements

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    On April 4, the U.S. Department of Justice announced three settlements of False Claims Act cases, offering a glimpse into the ways the DOJ believes pharmaceutical companies have used charitable copay foundations to cover copays of government health program beneficiaries, circumvent anti-kickback laws and artificially bolster high drug prices, say attorneys with Skadden.

  • State Net

    Court Battles Slow Trump Health Care Rollbacks

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    A D.C. federal court recently struck down Trump administration waivers allowing two states to impose work requirements on Medicaid recipients. The case is part of a larger partisan struggle in which President Donald Trump and Republican state attorneys general continue their efforts to dismantle Obamacare, says Lou Cannon of State Net Capitol Journal.

  • In Virtual Teams For Mass Torts, The 'Law Team' Is Critical

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    A critical component of any virtual law team assembled for mass tort litigation is a dedicated "law team," which tackles the legal strategy and drafts the many necessary pleadings, motions and other submissions, say attorneys at Pepper Hamilton and Faegre.

  • Takeaways From DOJ Action Against Telemedicine Fraud

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    Recently unsealed indictments from the U.S. Department of Justice make clear that telemedicine will continue to be an enforcement focus at a time when telemedicine is expanding, and should remind providers to focus on compliance obligations, say Edgar Bueno and Matthew Wilmot of Morris Manning.

  • 5 Tips For Lawyers Entering The Cannabis Industry

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    As the cannabis industry continues to grow, it will need more legal professionals to help navigate the turbulent business landscape, but lawyers should understand the industry's unique limitations and characteristics before diving in, says Sabas Carrillo of consulting firm Adnant.

  • Opinion

    Jury Trials Are In Decline For Good Reason

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    A recent Law360 article reported on federal judges bemoaning jury trials' nationwide decline, but these laments are unfounded as jury trials have been replaced by better alternatives, says J.B. Heaton of J.B. Heaton Research.

  • Genetic Testing Is On FTC's Radar

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    Recent Federal Trade Commission blog posts suggest potentially increased interest in the genetic testing arena, and the vague recommendations they offer may give the FTC broad latitude from an enforcement perspective, say attorneys at Moses & Singer.

  • Biologic Manufacturers Should Expect Antitrust Scrutiny

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    Recently filed class actions against AbbVie and various biosimilar manufacturers, alleging that the U.S. Supreme Court's Actavis decision should be applied to supposedly anti-competitive biologic/biosimilar settlement agreements, indicate that the biologic space may be the next hotbed of pharmaceutical antitrust activity, say James Kovacs and Ankur Kapoor of Constantine Cannon.

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