Health

  • January 26, 2023

    9th Circ. Rules UBH Doesn't Have To Reprocess 67,000 Claims

    The Ninth Circuit held Thursday that United Behavioral Health doesn't have to reprocess some 67,000 claims for mental health and substance use disorder treatments from participants in employee health plans who alleged the denials violated federal benefits laws, finding UBH didn't abuse its discretion in interpreting workers' plans.

  • January 26, 2023

    Investors Say Cannabis REIT Should Have Known About Ponzi

    Investors in a real estate investment trust that purportedly fell prey to fraud said the REIT and its management can't escape a proposed class action by claiming they were upfront with investors, telling a New Jersey federal court that just a bit of required diligence would've uncovered a major tenant was a Ponzi scheme.

  • January 26, 2023

    6th Circ. Vexed By Ex-Smuckers Workers' COVID-19 Vax Suit

    A Sixth Circuit panel on Thursday questioned why a lawsuit alleging that J.M. Smucker Co. violated the constitutional rights of workers who were denied religious exemptions from its COVID-19 vaccine mandate targeted just the company and not the Biden administration, given that the employees likened the company officials to "state actors."

  • January 26, 2023

    Ariz. Tribe Sues McKinsey Over Opioid Crisis

    The White Mountain Apache Tribe on Wednesday hit McKinsey & Co. with a RICO suit over the firm's alleged role in the tribe's opioid epidemic in San Francisco federal court, claiming it aided opioid makers in executing a marketing strategy to boost sales of the addictive painkillers, joining a number of jurisdictions in the growing multidistrict litigation.

  • January 26, 2023

    NC Dems Defy GOP Majority With Bill To Codify Roe V. Wade

    Democratic lawmakers in both houses of North Carolina's state legislature have introduced a bill that would protect abortion access by enshrining the U.S. Supreme Court's since-overturned Roe v. Wade and Planned Parenthood v. Casey decisions into law.

  • January 26, 2023

    RFK Jr.-Repped Doc Wins Halt Of COVID Misinformation Law

    A California federal judge has halted implementation of a state law that could punish medical professionals for disseminating misinformation about COVID-19 to patients, giving a temporary win to two lawsuits that challenged the law, including one set of plaintiffs represented by Robert F. Kennedy Jr.

  • January 26, 2023

    NC Judge Kicks Claim After Doctors Call In 2 States' Laws

    A North Carolina state court judge scrapped a claim that a doctor was engaging in unfair and deceptive practices after a "messy divorce" from his medical partners, ruling that Tar Heel State law excludes doctors in certain commerce claims.

  • January 26, 2023

    PTAB Upholds Testing Patents After Ravgen's $272M Jury Win

    The Patent Trial and Appeal Board has rebuffed biotechnology company Illumina's bid to ax two genetic testing patents that have been asserted against it and others by rival Ravgen in federal suits, buttressing a product at the center of a $272 million infringement verdict Ravgen won last year.

  • January 26, 2023

    Zantac Suits Consolidated In NY After Fla. MDL Tossed

    New York's Litigation Coordinating Panel on Thursday consolidated more than 40 suits alleging that the heartburn medication Zantac, or ranitidine, contains cancer-causing chemicals just over a month after a Florida federal judge threw out most claims in a sprawling nationwide multidistrict litigation against pharmaceutical companies that make or distribute the drug.

  • January 26, 2023

    Pa. Nursing Home Hit With $19M Verdict In Death Suit

    A Pennsylvania jury has returned a $19 million verdict against a nursing home that was sued for the death of a resident who died after falling and injuring her hip, something her daughters said was allowed to happen due to neglect.

  • January 26, 2023

    Teva Can't Get HHS Docs For Kickback Defense

    Teva Pharmaceuticals can't obtain a large volume of documents relating to two nonprofits that the government alleges it used to funnel illegal kickbacks to Medicare patients, a Massachusetts federal judge has said.

  • January 26, 2023

    FCC Aims To Improve Outage Reporting For 988 Hotline

    The Federal Communications Commission voted Thursday to propose rules that would require phone service outages affecting the 988 Suicide and Crisis Lifeline to be reported in a timely fashion to multiple federal agencies.

  • January 26, 2023

    In Blow To Hemp Industry, FDA Punts On CBD Rules

    The U.S. Food and Drug Administration announced on Thursday that it would not develop rules to allow hemp-derived CBD to be sold in dietary supplements or foods, sending shockwaves through the hemp industry, which has been pushing for CBD regulations for years.

  • January 26, 2023

    AstraZeneca Sales Reps See Pay Bias Suit Axed, For Now

    Three female AstraZeneca sales representatives didn't deliver enough facts to support their claims that the company paid them less than men, an Illinois federal judge ruled in dismissing their suit.

  • January 26, 2023

    SPAC Buys Longevity In $236.2M Deal Led By 2 Firms

    Biopharmaceutical company Longevity and special purpose acquisition company Denali Capital announced on Thursday that they had reached an agreement to combine in a deal valuing Longevity Biomedical Inc. at $236.2 million, advised by Nelson Mullins Riley & Scarborough LLP and Sidley Austin LLP.

  • January 26, 2023

    Investor Sues For Docs On $300M Stake In Script Relief

    A member of an investment company managed by co-founders of New York venture capital group Loeb.nyc has sued in Delaware's Court of Chancery for books and records, alleging that the company sold a $300 million stake in pharmacy discount card business Script Relief LLC without notifying other investors.

  • January 26, 2023

    FCC Reworks Payment Model For Rural Health Connectivity

    The Federal Communications Commission voted Thursday to jettison a 3-year-old payment model for rural health care connectivity and eventually replace it with new rules to subsidize providers.

  • January 26, 2023

    10th Circ. Wants Feds' Input In Oklahoma PBM Lawsuit

    The Tenth Circuit asked the U.S. government to provide input on an appeal before the court brought by a pharmaceutical industry group hoping to overturn a district court's finding that an Oklahoma state law regulating pharmacy benefit managers wasn't preempted by federal benefits laws or Medicare rules.

  • January 25, 2023

    Pfizer Bid To Shield FBI Talks Meets Skeptical Judge

    Questioning the lack of a key affidavit and the sufficiency of a deposition, a federal magistrate judge seemed inclined to reject at least some of Pfizer's arguments to shielding its communications with the FBI from two former executives the company has accused of stealing drug research.

  • January 25, 2023

    DC Circ. Questions FDA Appeal Process In E-Cig Case

    The D.C. Circuit didn't seem like a big fan of the U.S. Food and Drug Administration's method for handling administrative appeals Wednesday morning, as it heard from an e-cigarette company claiming that the agency wrongly denied its marketing application for vaping products.

  • January 25, 2023

    NC Trans Care Exclusion Draws Tough Questions At 4th Circ.

    A Fourth Circuit panel on Wednesday seemed skeptical of a North Carolina state health plan's efforts to reverse an order blocking it from refusing to cover treatments related to gender dysphoria and gender transition, appearing inclined to back the decision finding that the exclusion was discriminatory.

  • January 25, 2023

    Jury To Decide If Allergan Sale Included Arbitration Clause

    A jury must decide whether Allergan has a binding arbitration agreement with a medical spa unhappy with the CoolSculpting machine it bought, a North Carolina federal judge has ruled.

  • January 25, 2023

    Fla. Court Axes Punitives In Fatal Brain Injury Med Mal Suit

    A Florida appeals court on Wednesday tossed a punitive damages claim in a suit seeking to hold Cleveland Clinic Florida liable for a patient's fatal brain injury, saying the plaintiff failed to meet the high bar of establishing gross negligence required for the claim.

  • January 25, 2023

    Personal Injury Atty Won't Pay Client's Medical Bill, Suit Says

    A Texas medical provider says it is owed north of $336,000 by a personal injury attorney and his client for procedures incurred based on promises of payment with the eventual settlement money, claiming in court that the lawyer reversed course by refusing to pay while profiting from the treatment provided.

  • January 25, 2023

    Regeneron Gets Novartis Syringe Patent Axed At PTAB

    The Patent Trial and Appeal Board has found that more than two dozen claims in a Novartis pre-filled eye injection syringe patent weren't patentable, handing Regeneron a win in a larger legal fight between the parties.

Expert Analysis

  • New Compensation And Benefits Rules Demand Early Action

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    Considering the extent of recent changes to the compensation and benefits legal landscape, employers should work early to allocate responsibility and resources instead of waiting until the fourth quarter, as has been viable in previous years, say attorneys at King & Spalding.

  • 5 Keys To A Productive Mediation

    Excerpt from Practical Guidance
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    Cortney Young at ADR Partners discusses factors that can help to foster success in mediation, including scheduling, preparation, managing client expectations and more.

  • Preparing For An Era Of Regulated Artificial Intelligence

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    In light of developing regulatory activity aimed at governing the use of artificial intelligence, companies should implement best practices that focus on the fundamental principles that are driving regulators' actions, say attorneys at Troutman Pepper.

  • New Clinical Trial Law Promotes Diversity And Modernization

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    The Food and Drug Omnibus Reform Act, signed into law last month, will likely encourage more equitable subject recruitment and enrollment in clinical trials, and also could create a pathway toward clarifying ambiguities that have historically been left for regulated entities to piece together, say attorneys at Ropes & Gray.

  • Evaluating The Legal Ethics Of A ChatGPT-Authored Motion

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    Aimee Furness and Sam Mallick at Haynes Boone asked ChatGPT to draft a motion to dismiss, and then scrutinized the resulting work product in light of attorneys' ethical and professional responsibility obligations.

  • Lessons On Prior Art From PTAB's Genetic Testing Decisions

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    The Patent Trial and Appeal Board's recent finding that none of the challenged claims in LabCorp v. Ravgen were unpatentable shows that practitioners should avoid cherry-picking prior art references, and know what the art does and doesn't teach, say Jameson Gardner and Thomas Irving at Finnegan.

  • 7 Tips To Increase Your Law Firm's DEI Efforts In 2023

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    Law firms looking to advance their diversity, equity and inclusion efforts should consider implementing new practices and initiatives this year, including some that require nominal additional effort or expense, say Janet Falk at Falk Communications and Gina Rubel at Furia Rubel.

  • Series

    Keys To A 9-0 High Court Win: Get Back To Home Base

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    When I argued for the petitioner in Morgan v. Sundance before the U.S. Supreme Court last year, I made the idea of consistency the cornerstone of my case and built a road map for my argument to ensure I could always return to that home-base theme, says Karla Gilbride at Public Justice.

  • Incorrect Inventorship On Patents Is A Tough Claim To Prove

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    The Federal Circuit's recent decision to reverse and remand a district court's ruling that patents were invalid in Plastipak Packaging v. Premium Waters highlights the difficulties of sustaining claims of misjoinder or nonjoinder of inventors as a strategy to invalidate patents, says Andrew Berks at Gallet Dreyer.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2022

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2022, and explain how they may affect issues related to antitrust, the False Claims Act,​ ​federal jurisdiction and more.

  • Atty-Client Privilege Arguments Give Justices A Moving Target

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    Recent oral arguments before the U.S. Supreme Court in a case regarding the scope of the attorney-client privilege appeared to raise more questions about multipurpose counsel communications than they answered, as the parties presented shifting iterations of a predictable, easily applied test for evaluating the communications' purpose, say Trey Bourn and Thomas DiStanislao at Butler Snow.

  • 5 Gen X Characteristics That Can Boost Legal Leadership

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    As Generation X attorneys rise to fill top roles in law firms and corporations left by retiring baby boomers, they should embrace generational characteristics that will allow them to become better legal leaders, says Meredith Kahan at Whiteford Taylor.

  • Mallinckrodt Ruling Holds Creditor Lessons For IP Sellers

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    A District of Delaware court's recent ruling in Mallinckrodt — which affirmed that the debtor could discharge certain royalty obligations — should induce intellectual property sellers to strengthen their creditor status in the event purchasers file for bankruptcy, say Mark Dendinger and Jonathan Lozano at Bracewell.

  • What To Expect From Justices' FCA Scienter Standard Review

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    Whichever side prevails, the U.S. Supreme Court’s decision in U.S. v. Supervalu will clarify the standard for proving a government contractor's claims for payment were “knowingly" false and will present strategic considerations that affect all phases of False Claims Act investigations and litigation, say Michael Huston and Nathanael Andrews at Perkins Coie.

  • Predictions For The 2023 Drug Pricing Landscape

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    2022 was the year of legislative action around drug pricing, while 2023 is likely to serve up precedential judicial action — including active legal challenges with respect to the government's programs covering outpatient prescription drugs, accumulators and third-party funders, says Margaux Hall at Ropes & Gray.

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