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Health

  • December 14, 2018

    CNN Can’t Escape Libelous Hospital Stats Suit: 11th Circ.

    CNN must face a libel suit accusing the cable news network of publishing articles that misrepresented the mortality rate for pediatric surgery at a Florida hospital and cost the hospital’s CEO his job, after the 11th Circuit ruled Thursday that CNN cannot stand behind Georgia's anti-SLAPP law in federal court.

  • December 14, 2018

    Feds Fight To Keep Insys Grand Jury Instructions Secret

    Massachusetts federal prosecutors on Thursday fought a bid by Insys Therapeutics Inc. executives embroiled in an alleged conspiracy to bribe doctors into prescribing fentanyl-based drugs to disclose grand jury instructions, arguing the government did not wrongly explain the conspiracy charges.

  • December 14, 2018

    Texas Judge Strikes Down Entire ACA

    In a shocking decision, a Texas federal judge ruled late Friday that the entire Affordable Care Act must be invalidated because its individual mandate, a cornerstone of the landmark law, will soon become unconstitutional.

  • December 14, 2018

    Loeb & Loeb Leads Blank Check's $70M IPO To Buy Health Biz

    Chardan Healthcare Acquisition Corp., a blank check company formed by investment bank Chardan Capital Markets LLC for the purpose of acquiring a health care business, raised $70 million in an initial public offering that was guided by Loeb & Loeb LLP.

  • December 14, 2018

    Molina Escapes Investor's Suit Over Growth Misstatements

    A California federal court on Thursday dismissed an investor's proposed class action alleging shares of Molina Healthcare Inc. declined when it became apparent the health insurer wouldn’t achieve the growth executives had touted, saying the executives’ statements were forward-looking and inactionable.

  • December 14, 2018

    ‘No Need’ To Delay CVS-Aetna Merger, DOJ Says After Rebuke

    The U.S. Department of Justice urged a D.C. federal judge Friday not to keep CVS and Aetna apart while reviewing a proposed merger settlement the judge had blasted as having been pushed through without adequate judicial scrutiny, arguing that a delay is unnecessary and beyond the court’s authority.

  • December 14, 2018

    Fla. Court Delays Answering Privileged Hospital Comms Issue

    In a closely watched medical malpractice case, a Florida state appeals court on Friday declined to rule on whether a hospital’s privileged communications are discoverable under a 2004 state constitutional amendment, saying the judge’s order to produce the records wasn’t adequately explained.

  • December 14, 2018

    Pa.'s Challenge To Birth Control Rules Cleared To Proceed

    A Pennsylvania federal judge has given the state the go-ahead to seek a second injunction against Trump administration rules that weaken the Affordable Care Act’s birth control mandate, lifting a stay in the case Friday.

  • December 14, 2018

    Employee Of Mont. Tribe Program Pleads Guilty To Theft

    An employee of a Blackfeet Tribe early childhood health and education program overseen by the U.S. Department of Health and Human Services pled guilty to stealing money through a scheme where she and others falsely claimed thousands of overtime hours they did not work, the U.S. Department of Justice said Friday.

  • December 14, 2018

    Prison Contractors Can't Dodge Fla. Inmate's Amputation Suit

    A Florida federal court rejected bids by prison health contractors Corizon Health and Wexford Health Sources to toss a Florida inmate's suit alleging their inadequate and negligent treatment led to him suffering a heart attack and amputation of both legs, finding Thursday that he has sufficiently alleged a constitutional violation.

  • December 14, 2018

    The Medicines Co. Prices $150M Private Notes Offering

    The Medicines Co. said late Thursday that it priced a $150 million private convertible senior notes offering, the proceeds of which the New Jersey-based biopharmaceutical company plans to use to fund the development of a therapy that has been shown to significantly reduce cholesterol linked to heart attacks and strokes.

  • December 14, 2018

    9th Circ. Pares Nationwide Block Of ACA Birth Control Rules

    A split Ninth Circuit panel has narrowed a lower court’s nationwide ban on Trump administration rules exempting employers with moral or religious objections from providing birth control coverage otherwise required by the Affordable Care Act, but agreed that the states’ Administrative Procedure Act claims were likely to succeed.

  • December 14, 2018

    Judge Fed Up With 'Whiny' Letters In Least Favorite Case

    A long-running patent case over teeth-straightening technology has become the “oldest and least favorite” case of one Texas federal judge, who warned lawyers for two dental companies to stop writing her “whiny” letters.

  • December 14, 2018

    The Biggest Health Care Cases Of 2018

    Health care providers, insurers and investors in 2018 cheered and jeered remarkable rulings and cases involving False Claims Act liability, billions of dollars in Affordable Care Act funding and huge sums of Medicare Advantage reimbursement. Here, Law360 recaps the year’s biggest litigation developments.

  • December 14, 2018

    The Biggest Personal Injury And Med Mal Cases Of 2018

    Personal injury and medical malpractice attorneys saw yet another year of record jury verdicts and precedent-setting rulings in 2018, including a Texas Supreme Court ruling lowering the bar for video evidence in injury cases and a $115 million personal injury settlement paid by the city of Chicago. Here, Law360 looks back at some of the year’s top verdicts and decisions.

  • December 13, 2018

    Ky. High Court Reinstates Hospital's Med Mal Trial Win

    The Kentucky Supreme Court on Thursday reinstated a jury’s verdict finding a hospital not liable for a patient's death from an infection as a result of an alleged failure in treatment, saying that although the trial judge erred by granting a directed verdict against a doctor who previously settled, the error was harmless.

  • December 13, 2018

    Hospice Co. Accused Of Medicare Fraud Must Pay Feds $6M

    A hospice company accused of wrongly billing Medicare for unnecessary care will pay almost $6 million to clear up two cases against it, Pennsylvania federal prosecutors announced Thursday.

  • December 13, 2018

    Judge Denies Firm's Bid To Cut Kickback Claims In Report

    A Florida federal judge said Thursday that she would not delete references to allegations of a kickback scheme involving Bernstein Litowitz Berger & Grossmann LLP from her report and recommendation for a lead plaintiff in a class action against health care administration company Mednax.

  • December 13, 2018

    NJ Health Care Co. Execs Indicted In $300M Investment Fraud

    Four former executives of the bankrupt Constellation Healthcare Technologies Inc. have been indicted for bilking investors out of $300 million in connection with a merger designed to take their publicly traded company private, New Jersey federal prosecutors said Thursday.

  • December 13, 2018

    China's Wuxi Apptec Raises $1B In Hong Kong IPO

    Medical technology platform Wuxi Apptec Co. Ltd. said Thursday it raised more than $1 billion in an initial public offering on the Hong Kong Stock Exchange, marking the latest Chinese company to access Hong Kong’s international markets through a massive IPO in 2018.

Expert Analysis

  • State Net

    New Year, New Opportunities For State Governments

    Lou Cannon

    While gridlock may prevail between the Democratic House and GOP Senate in Washington next year, it will be another story at the state level. For the first time since 1914, a single political party will control both chambers of every legislature except one, says Lou Cannon of State Net Capitol Journal.

  • Opinion

    Copay Accumulator Plans Put Employers In Legal Jeopardy

    Stacey Worthy

    Health plans that prevent patients from applying any form of drug manufacturer copay assistance toward their deductible — known as copay accumulator programs — not only increase the cost of health care, but have the potential to put businesses in significant legal peril, says Stacey Worthy of Aimed Alliance.

  • Guest Feature

    The Subtle Art Of Fred Fielding

    Fred Fielding

    He was White House counsel to two presidents. When Reagan was shot, he explained the chain of command to a four-star general. And until a few years ago, many people still thought he was Deep Throat during the Watergate scandal. Fred Fielding of Morgan Lewis & Bockius may be the quintessential Washington insider. White and Williams attorney Randy Maniloff learned more.

  • Health Care Providers Should Note Recent Fraud Conviction

    Bart Daniel

    A federal judge in South Carolina recently sentenced a former speech therapist to 111 months in federal prison on convictions of criminal health care fraud. Practitioners should be aware of the implications as the sentence is an unrequested and unexpected upward departure, say Bart Daniel and Elle Klein of Nelson Mullins Riley & Scarborough LLP.

  • 10 Tips For Law Firms To Drive Revenue Via Sports Tickets

    Matthew Prinn

    Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.

  • Inside Key ABA Guidance On Attorneys' Cybersecurity Duties

    Joshua Bevitz

    A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • A Guide To Workplace Violence Prevention And Response

    Excerpt from Lexis Practice Advisor
    Elizabeth Harlan

    In this Lexis Practice Advisor excerpt, Elizabeth Harlan of Astrachan Gunst Thomas offers practical employer strategies for inhibiting and reacting to violence in the workplace.

  • State Net

    More State Issues The Blue Wave May Shape In 2019

    Rich Ehisen

    In the second installment of this three-part legislative preview, Rich Ehisen of State Net Capitol Journal examines a number of issues that should keep state lawmakers occupied next year.

  • Why The High Court Will Hear Cochise Consultancy V. US

    Matthew Curley

    The U.S. Supreme Court recently agreed to hear Cochise Consultancy v. United States ex rel. Hunt, which deepened the circuit split over how the False Claims Act’s statute of limitations applies in certain qui tam actions. The decision should bring sorely needed clarity, say Matthew Curley and Scott Gallisdorfer of Bass Berry & Sims PLC.