• August 16, 2017

    J&J, Woman Spar Over Science At Cancer Trial's Close

    A woman alleging Johnson & Johnson’s talcum powder products caused her terminal ovarian cancer attacked the company’s credibility during Wednesday's closing arguments in the California trial, and J&J fired back that its opponent was misinterpreting scientific studies in her bid to win the case.

  • August 16, 2017

    Tenn. Court Backs Whistleblower's Win Against Nursing Home

    A Tennessee appellate panel on Wednesday affirmed a $425,000 award in an employment suit accusing a nursing home of firing a nurse for reporting the neglect of an in-home hospice patient, saying the nurse was a whistleblower serving a public purpose by reporting illegal activity.

  • August 16, 2017

    Sen. Harris Beats Claim She Was Bribed To Block Health Deal

    A California federal judge on Wednesday dismissed a hospital system’s suit accusing Sen. Kamala Harris, D-Calif., of bowing to a union’s demands and blocking the hospital’s planned merger with a nonprofit chain, finding that Harris was entitled to qualified immunity in making the decision.

  • August 16, 2017

    10th Circ. Ruling Backs Tribal Court In Opioid Suit: Cherokees

    Cherokee Nation Attorney General Todd Hembree told an Oklahoma federal court Wednesday that a recent Tenth Circuit ruling offers a "new and alternative basis" for the tribe's claim its own courts should hear the tribe's suit against CVS, Walgreens, McKesson and other companies over the tribe's opioid crisis.

  • August 16, 2017

    Trump To Extend ACA Subsidies After CBO Warning

    The Trump administration on Wednesday said it will fund Affordable Care Act subsidies for copays and deductibles this month, a move that came one day after the Congressional Budget Office warned of insurer exits and premium hikes if funding were curtailed.

  • August 16, 2017

    EB-5 Investor Not Worried About Atty Trading With His Cash

    An Iranian man who invested with an immigration attorney accused of using the EB-5 visa program to defraud more than 200 people told an Illinois federal judge Wednesday he was not concerned by claims the attorney may have used his money to trade securities.

  • August 16, 2017

    LA Hospital Appeals Order To Release Rate Info In BCBS MDL

    A Los Angeles hospital on Tuesday hit back at an Alabama magistrate judge’s order to turn over negotiated rate information in multidistrict litigation accusing Blue Cross Blue Shield of price-fixing, arguing that the insurer's plans haven’t proven "substantial need" for the trade secrets.

  • August 16, 2017

    8th Circ. Won't Shield Planned Parenthood Medicaid Pay

    The Eighth Circuit on Wednesday wiped out injunctions barring Arkansas from cutting off Medicaid funding for a Planned Parenthood affiliate, splitting with four other circuit courts on whether Medicaid beneficiaries can sue to access certain health care providers.

  • August 16, 2017

    Del. Rehab Center Loses Bid To Shift Suit To Arbitration

    A Delaware court declined to force arbitration in a case alleging that staff at a rehabilitation center failed to respond to a patient's post-hip-replacement pain, ruling Tuesday that the convalescent's daughter did not have power of attorney when she signed an arbitration agreement.

  • August 16, 2017

    Ares Injects $1.45B Into DuPage Medical Group

    DuPage Medical Group Ltd. has received a $1.45 billion investment from private equity firm Ares Management LP as the Chicago-area physicians group seeks to expand its business in all areas, according to a Wednesday statement.

  • August 16, 2017

    Firing Needlephobic Pharmacist Violates ADA, Justices Told

    The Second Circuit used an oversimplified test when judging whether the Americans with Disabilities Act protects a veteran Rite Aid Corp. pharmacist who was fired when he was suddenly required to give vaccinations even though he’s severely afraid of needles, the pharmacist told the U.S. Supreme Court.

  • August 16, 2017

    Trump Disbands Deteriorating CEO Advisory Councils

    President Donald Trump disbanded two of his advisory councils on Wednesday as CEOs rapidly abandoned them in response to Trump’s refusal to exclusively blame white supremacists for a fatal rally they held in Charlottesville, Virginia, over the weekend.

  • August 15, 2017

    Hemophilia Groups Accuse Iowa Blue Cross Affiliate Of Bias

    Three groups representing people with hemophilia filed a civil rights complaint against a Blue Cross Blue Shield affiliate on Tuesday, claiming the company violated the Affordable Care Act and the Health Insurance Portability and Accountability Act by pulling out of Iowa marketplaces and improperly disclosing information about a patient’s health.

  • August 15, 2017

    FDA Warning Wire: Another Co. Blasted For Belladonna

    The U.S. Food and Drug Administration laid into another homeopathic company over children’s teething products containing belladonna, upbraided a Chinese drugmaker for slack quality control, and scolded a bakery’s management for not knowing basic sanitation practices.

  • August 15, 2017

    Talc-Cancer Link Is Weak, J&J Expert Says At Trial's End

    Johnson & Johnson on Tuesday called an epidemiologist to testify that the statistical association between talcum powder use and ovarian cancer is “by definition” a weak one, as the California trial on a woman’s claims that J&J’s products caused her terminal ovarian cancer draws to a close.

  • August 15, 2017

    Judge Rejects Theranos Investors' Bid To Pause Settlements

    A proposed class of Theranos Inc. investors is moving forward with a securities fraud suit against the health technology startup after losing a bid to pause the company's settlements with Walgreen Co. and others, deals the investors called a “preferential transfer of assets.”

  • August 15, 2017

    Polsinelli Picks Up Texas-Based Bankruptcy Shareholder

    Polsinelli PC announced it has hired a former K&L Gates LLP bankruptcy and financial restructuring attorney with experience in the energy and health care sectors as a shareholder in Texas.

  • August 15, 2017

    Highmark Must Face Antitrust Suit Over Insurance Rates

    A Pennsylvania federal judge said Tuesday that Highmark Inc.’s efforts to win state approval for its allegedly inflated small-group health insurance rates could not shield it from potential liability in a class action claiming it conspired with the University of Pittsburgh Medical Center to exclude competitors from the market.

  • August 15, 2017

    Kaufman Dolowich Snags Ex-Fowler White Duo In Florida

    Kaufman Dolowich & Voluck LLP expanded its Florida practice with the hires of two former Fowler White Burnett PA attorneys, who together defended against labor law violation claims and litigated contract disputes for insurers at their previous firm.

  • August 15, 2017

    Trump's ACA Threat Would Send Insurers Fleeing, CBO Says

    President Donald Trump’s threatened defunding of Affordable Care Act subsidies would cause insurers to flee a significant number of marketplaces, the Congressional Budget Office said Tuesday.

Expert Analysis

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • What Providers Need To Know About NJ's Telemedicine Law

    Nathaniel Lacktman

    New Jersey's latest telemedicine law, effective last month, cements the validity of telehealth services, establishes practice standards and imposes telehealth coverage requirements for state-funded health insurance. Passage of this legislation is welcome news for companies and health care providers looking to offer telemedicine services in New Jersey, says Nathaniel Lacktman of Foley & Lardner LLP.

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.

  • 2nd Circ. Lowers Bar For Employee FMLA Retaliation Claims

    Amy Traub

    In its recent decision in Cassandra Woods v. START Treatment & Recovery Centers, the Second Circuit applied a lower causation standard to determine whether employers have retaliated against employees for exercising their rights under the Family and Medical Leave Act. The likely result is an increase in the number of FMLA retaliation claims surviving summary judgment and proceeding to trial, say Amy Traub and Saima Sheikh of BakerHostetler.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 2

    Max Kennerly

    Proportionality is often a question of whether discovery production has reached a point of diminishing returns, and about the marginal utility of additional discovery once the core discovery in the case has been completed. In other words, proportionality is a method to avoid going in circles or getting sidetracked, not an excuse for cutting corners, says Max Kennerly of Kennerly Loutey LLC.

  • Roundup

    Notes From A Law Firm Chief Privacy Officer


    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 1

    Max Kennerly

    In December 2015, the parts of the Federal Rules of Civil Procedure concerning proportionality in discovery were amended. The amendments changed the language defining the scope of relevance, but substantively, this remains the same as it has been for nearly 40 years, says Max Kennerly of Kennerly Loutey LLC.

  • Series

    Notes From A Law Firm Chief Privacy Officer: New Demands

    Phyllis Sumner

    For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.

  • Why UnitedHealthcare's Litigation Against CMS Is Unique

    Ursula Taylor

    UnitedHealthcare's efforts to challenge a Centers for Medicare and Medicaid Services overpayment rule has the potential to benefit other Medicare Advantage organizations. However, those hoping to ride on UHC's coattails and benefit from a swift and clean victory should understand UHC's unique litigation position, says Ursula Taylor of Butler Rubin Saltarelli & Boyd LLP.

  • Escobar Provides New Grounds For Seeking Gov't Discovery

    Ethan Posner

    The U.S. Supreme Court’s decision last year in Escobar should alter the way the government, defendants and courts approach discovery into the government’s knowledge and deliberations in False Claims Act cases, say Ethan Posner and Noam Kutler of Covington & Burling LLP.