• April 24, 2018

    Blue Cross Must Face Suit Over $40M Hospital Deal At Trial

    A Rhode Island federal judge on Monday rejected Blue Cross & Blue Shield of Rhode Island’s motion to dismiss an antitrust suit brought by Steward Health Care System, saying a trial will be needed to determine if Blue Cross sank a $40 million hospital purchase to keep Steward out of the state.

  • April 24, 2018

    LabMD Says Judge Biased, Must Recuse In Tiversa Suit

    LabMD said Monday in a defamation suit against Tiversa, which allegedly made false claims about it to the Federal Trade Commission, that the magistrate judge handling the case is biased because she has consistently ruled against it and in favor of the cybersecurity firm, requiring a recusal.

  • April 24, 2018

    LabMD Prez Says Tiversa Lied Its Way Into Gov't Contracts

    LabMD has added to its multifront battle with Tiversa stemming from the exposure of a patient data file, with a recently unsealed False Claims Act suit lodged by the now-shuttered laboratory’s former president that accuses the cybersecurity firm of fabricating breaches to land lucrative government contracts.

  • April 24, 2018

    Cigna's Plan Reading Faulty In $8M ERISA Suit, Court Told

    Two Cigna units' bid to recoup money they shelled out for alleged overpayments to ambulatory surgical centers is based on a legally faulty interpretation of their plan, the centers told a Texas federal judge Monday, seeking a quick partial win in the insurer's $8 million lawsuit.

  • April 24, 2018

    Aspire Universal Unveils $300M Precision Medicine Fund

    Lancaster, Pennsylvania-based private equity and venture capital firm Aspire Universal on Tuesday said it had launched a $300 million fund aimed at speeding up investment, testing and approval for startups and existing ventures focused on precision medicine.

  • April 24, 2018

    Ballard Can't Arbitrate IP Malpractice Suit, Judge Told

    A medical supply company is urging a Pennsylvania state judge to find that its arbitration agreement with Lindquist & Vennum LLP, which was acquired by Ballard Spahr LLP last year, did not bar it from pursuing malpractice claims over allegedly bad legal advice about its ability to rent out patented laser technology.

  • April 23, 2018

    Prince Estate Sues Walgreens, Hospital For Wrongful Death

    On the two-year anniversary of Prince’s death by accidental opioid overdose, the singer’s family filed a wrongful death suit in Illinois state court against Walgreens and an Illinois hospital that treated Prince for a separate overdose one week earlier.

  • April 23, 2018

    Call Center Workers Tell DOL General Dynamics Stole Wages

    The Communications Workers of America on Monday filed complaints with the U.S. Department of Labor on behalf of workers at five call centers operated by a General Dynamics unit that handle calls for the Centers for Medicare and Medicaid Services, accusing the company of “widespread wage theft.”

  • April 23, 2018

    Whistleblower Says Gov’t Stiffed Him On $1M FCA Reward

    A whistleblower from a False Claims Act lawsuit involving a Michigan doctor and the hospital where he practiced is looking to recover $980,000 from the U.S. government, saying he is entitled to a cut from a $3.2 million deal between the hospital and the U.S. Department of Health and Human Services.

  • April 23, 2018

    Advocate Hospital, Physician Must Face FCA Claims

    Advocate Medical Group and one of its doctors were released from a False Claims Act whistleblower suit in Illinois federal court Monday, but an Advocate hospital and some staff members still must face the bulk of the claims related to their alleged practice of charging the government for operations performed by assistants.

  • April 23, 2018

    HR Rep Loses Wrongful Termination Suit At 6th Circ.

    The Sixth Circuit affirmed a decision to toss allegations that a Michigan health system fired a human resources representative because she complained about discrimination against black applicants, saying Monday the company had good reasons for denying these applicants and for firing her.

  • April 23, 2018

    Widower Loses Bid For Review Of Left-Behind Catheter Suit

    The U.S. Supreme Court declined Monday to hear a medical malpractice suit brought by the widower of a woman who claimed a Dallas County hospital knew for years that a piece of a plastic catheter had been left inside her body after a heart procedure but didn’t tell her.

  • April 23, 2018

    Covington Hires Ex-Wilson Sonsini Tech Deals Pro

    Covington & Burling LLP said it has bolstered its technology transactions practice in Silicon Valley with the hire of a former longtime Wilson Sonsini Goodrich & Rosati partner who has advised on intellectual property matters in multiple billion-dollar transactions.

  • April 23, 2018

    United Healthcare Fights Fees Over Coverage Row Venue

    United Healthcare Insurance Co. on Friday said it shouldn’t have to pay fees over confusion about the proper venue for a coverage dispute brought by a pair of California public school teachers, defending its initial belief that the teachers were suing under an employee benefit plan governed by ERISA.

  • April 23, 2018

    Burt Barr Gets $3M Legal Malpractice Suit Tossed

    A Texas federal judge on Monday granted Burt Barr & Associates LLP's bid to toss the remaining claims in a $3 million malpractice suit brought by a former client, writing in a brief order that the woman had dropped her fight for the funds in a filing with the court earlier this month.

  • April 23, 2018

    Trump Admin. Bombarded For Backing Skimpy Health Plans

    The Trump administration is getting blitzed with warnings that its proposal to allow lengthier sales of bare-bones health insurance policies could harm patients and drive up premiums in Affordable Care Act marketplaces, newly released letters show.

  • April 23, 2018

    3 Sentenced In $16.6M Fraudulent Medical Device Scheme

    The leader of a $16.6 million health scheme targeting the elderly got 12 years in prison and two co-defendants received lesser terms when they were sentenced by a South Dakota federal judge, the U.S. Department of Justice said Monday.

  • April 23, 2018

    Pediatrix Accuses Aetna Of Pressure To Lower Claims

    National pediatric services provider Pediatrix Medical Services Inc. on Friday sued Aetna Inc. in Texas state court and Florida federal court, alleging that the insurer has engaged in a systematic scheme to pressure and manipulate medical providers to reduce claims payments.

  • April 23, 2018

    Calif. Hospital Can't Bar Union Pins Or Badges, NLRB Says

    The National Labor Relations Board held Friday that a California hospital maintained two illegal uniform-and-appearance rules that effectively barred nurses from wearing pins and badge reels with union insignia on them.

  • April 23, 2018

    Allergan To Pay $500K To End Calif. Faulty Lap-Band Claims

    Allergan has agreed to pay $500,000 to end allegations that the drugmaker sold defective surgically implanted stomach bands and that it incentivized doctors to continue to use and subsequently bill private California insurers for the faulty product, the state’s insurance commissioner said Monday.

Expert Analysis

  • The Puzzle Of Enforcing Class Action Bars Post-Shady Grove

    Daniel Fong

    It's been eight years since the U.S. Supreme Court’s ruling in Shady Grove Orthopedic Associates v. Allstate Insurance, but courts continue to wrestle with whether state statutory class action bars are enforceable in federal court, say Daniel Fong and Robert Guite of Sheppard Mullin Richter & Hampton LLP.

  • How States, Federal Agencies Are Challenging Drug Prices

    Tom Bulleit

    High prescription drug prices are increasingly a focal point in the discussion of U.S. health care spending. While there is little consensus in Congress, there has been considerable recent activity in the federal executive branch and in state legislatures, say Tom Bulleit and Rebecca Williams of Ropes & Gray LLP.

  • Medical Device Cybersecurity: Preparing For The Worst

    Sonali Gunawardhana

    Connected medical technology improves the lives of patients, but serious concerns can arise when hackers exploit security holes in these devices. Attorneys should advise their medical device manufacturer clients to develop and test detailed recall plans, and find better ways to reach consumers when a recall happens, say Sonali Gunawardhana of Shook Hardy & Bacon LLP and Chris Harvey of Stericycle Expert Solutions.

  • FDA’s Essure Order Affirms Role Of Learned Intermediary

    Robert Friedman

    The U.S. Food and Drug Administration's order to restrict sales of Bayer's birth control device Essure represents a significant reordering of the old "doctor knows best," paradigm and continues the trend toward greater patient autonomy and participation in one's own medical treatment, say Robert Friedman and Mark Sentenac of King & Spalding LLP.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Avoiding Pitfalls In Physician Practice Acquisitions

    Excerpt from Lexis Practice Advisor
    William Eck

    The past few years have seen a resurgence in the acquisition of physician practices, both by hospitals and by private equity firms. However, acquiring a physician group carries special challenges in view of the heavy regulation of the health care provider industry, says William Eck of Seyfarth Shaw LLP.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • Finance-Savvy Millennials Are Shifting Business Of Law

    Michael Perlich

    The impact of millennials has already been felt within the legal community by our eagerness to embrace new technologies. One way that we will have potentially even more impact lies in our willingness to embrace new ways of developing business and financing law, says Michael Perich of Burford Capital LLC.