Health

  • December 07, 2021

    Feds Can't Escape Suit Over Ex-West Point Cadet's Suicide

    An Oregon magistrate judge won't let the federal government secure an early win in a suit brought by a former West Point cadet's mother alleging U.S. Department of Veterans Affairs doctors failed to address the cadet's mental state after changing medications, leading to her suicide in Spain in 2015.

  • December 06, 2021

    Fla. Pharmacy Owner Convicted Of Mail Fraud

    Prosecutors convinced a jury in Tennessee that a Florida pharmacy owner committed multiple counts of mail and health care fraud over his involvement in a billing scheme that the U.S. Department of Justice said got health insurers to cover more than $174 million in fraudulent claims.

  • December 06, 2021

    5th Circ. Dubious Virus Death Suits Belong In Federal Court

    The Fifth Circuit on Monday called into question a Texas nursing home's argument that wrongful death suits related to COVID-19 belonged in federal court, challenging the nursing home's counsel to tell them why they should rule counter to prevailing rulings on the issue.

  • December 06, 2021

    Justices Won't Touch Migrant Kids' Revived Mental Health Suit

    The U.S. Supreme Court on Monday declined to review a Fourth Circuit ruling that had revived a class of unaccompanied migrant children's allegations that a juvenile detention center deprived them of adequate mental health care.

  • December 06, 2021

    Jury Gives Composite Resources Win In Tourniquet IP Row

    A Nevada federal jury has handed a win to Composite Resources Inc. in a lawsuit alleging that Recon Medical LLC infringed at least one patent relating to tourniquets.

  • December 06, 2021

    11th Circ. Denies Fla. Bid To Halt Fed Health Workers Vax Rule

    The Eleventh Circuit said Monday that the Centers for Medicare and Medicaid Services' interim rule mandating COVID-19 vaccinations for covered health care staff falls within its authority and was reasonably implemented, denying Florida's bid to halt the measure pending the state's legal challenge.

  • December 06, 2021

    DOJ Wants 1st Wage-Fixing Win To Become 1st Domino

    Fresh off the first court affirmation of its efforts to criminally prosecute wage-fixing agreements, the U.S. Department of Justice now says a Nevada federal judge should similarly preserve charges that a health care staffing company schemed to suppress wages for Las Vegas school nurses.

  • December 06, 2021

    SEC Hits Dialysis Co., Execs With Accounting Fraud Claim

    The U.S. Securities and Exchange Commission announced a $2 million deal with American Renal Associates Holdings Inc. on Monday along with a complaint that says the company and three former executives manipulated "topside" insurance payment adjustments to hit financial targets.

  • December 06, 2021

    Justices Told Fed. Circ. Wrongly Kills Patents PTAB Upholds

    Baxter Corp. has urged the U.S. Supreme Court to review a Federal Circuit decision invalidating its telepharmacy patent after it was upheld in an inter partes review, saying the case illustrates how the appeals court "regularly disregards" rules and invalidates patents that survive IPR.

  • December 06, 2021

    Del. Justices Pick Contract Over Bad Math In $750M Merger

    A UnitedHealthcare subsidiary could pay $38 million more than it wanted to buy an insurance company after the Delaware Supreme Court found that a correct calculation of the seller's tangible net worth should be prioritized over a consistent use of an inaccurate calculation.

  • December 06, 2021

    Feds Say NJ Pharma CEO Pilfered Nearly $4M From His Co.

    A New Jersey executive bled $3.9 million from his own pharmaceutical company, tried to pin it on a customer by doctoring records so the client appeared delinquent on a bill, then tried to write off the missing money as bad debt, federal prosecutors charged Monday.

  • December 06, 2021

    Sackler Family Denies Pre-Ch. 11 Looting Of Purdue Pharma

    Members of the Sackler family who own drugmaker Purdue Pharma told a New York federal judge Monday that they did not increase transfers of cash out of the business in the run-up to its 2019 Chapter 11 filing, and instead left the company with more unrestricted cash than ever before at that time.

  • December 06, 2021

    Elite Horse Trainer Navarro Asks For Leniency In Doping Case

    Renowned thoroughbred trainer Jorge Navarro has asked a Manhattan federal judge for leniency when he's sentenced later this month for his role in a widespread doping scheme that rocked horse racing, expressing remorse for conduct he said was driven by an "insatiable desire to win."

  • December 06, 2021

    9th Circ. Won't Revisit Feds' Win In Tribal Exec's Firing Suit

    The Ninth Circuit has refused to rethink a circuit panel's decision to uphold an early win for the federal government in a suit by a former executive for the Sauk-Suiattle Indian Tribe of Washington's health clinic challenging his firing.

  • December 06, 2021

    High Court Won't Hear NC Hospital System Antitrust Challenge

    The U.S. Supreme Court dashed a proposed class's last hope of having its antitrust suit against a North Carolina hospital system revived Monday when it declined to wade into a Fourth Circuit ruling that declared the hospital immune.

  • December 06, 2021

    Blood Clot Device Maker Must Face Suit In Ill., Court Rules

    An Illinois appeals court has refused to let medical device manufacturer Confluent escape a woman's lawsuit claiming its blood clot filter broke apart and became lodged in her heart, finding the trial court has jurisdiction despite the company not selling or making the parts in the state.

  • December 06, 2021

    Justices Won't Review Nursing Home Arbitration Case

    The U.S. Supreme Court will not review a South Carolina court's decision refusing to enforce an arbitration clause in a negligence case brought against an assisted living facility, a decision that the petitioners argued disfavored arbitration.

  • December 06, 2021

    Mallinckrodt Escapes $320M Acthar Antitrust Claim In Ch. 11

    A Delaware bankruptcy judge Monday rejected a bid by insurers for a $320 million priority antitrust claim in Mallinckrodt's Chapter 11 case, saying they had failed to show it was the drugmaker and not federal regulators that kept competition to its Acthar gel off the market.

  • December 03, 2021

    Feds Seek To Stay Order Blocking Contractor Vax Mandate

    The U.S. Department of Justice asked a Kentucky federal judge on Friday evening to hold off blocking President Joe Biden's COVID-19 vaccine mandate for federal contractors while it appeals the order, saying the injunction risks nationwide productivity disruptions.

  • December 03, 2021

    Walgreens Medicaid FCA Suit Tossed Over Federal Law Clash

    A Virginia federal judge has tossed a False Claims Act suit alleging Walgreens falsely certified beneficiaries' compliance with the Virginia Medicaid program's preauthorization requirements for hepatitis C drugs, saying federal law barred cost-based controls for medically necessary drugs.

  • December 03, 2021

    Feds Fight To Keep Texas Out Of Title 42 Defense

    Texas should not be allowed to defend border expulsions during oral arguments next month, U.S. Department of Justice attorneys told the D.C. Circuit on Friday, highlighting the state's previous failed attempt to intervene in the government's appeal.

  • December 03, 2021

    Cannabis Bill Roundup: House Members Pitch New CBD Bill

    U.S. House of Representative members this past week introduced new bills to hasten both the expungement of state-level cannabis convictions and the federal regulation of hemp-derived CBD, while lawmakers in Kentucky and Florida prefiled their own bills to reform marijuana policy. Here are the major recent developments in cannabis law reform.

  • December 03, 2021

    Holmes Attys Rip 'Confusing' Jury Instructions On Fraud

    Counsel for Theranos CEO Elizabeth Holmes urged a California federal judge Friday to give jurors considering criminal fraud charges against her more detailed explanations of the charges than what prosecutors have proposed.

  • December 03, 2021

    Accessible Phone Co. To Pay $40.5M For FCC Rule Violations

    The Federal Communications Commission has struck a $40.5 million deal with an accessible phone call company accused of wasting the government funds it was given to provide call services to people with hearing and speech disabilities, according to the agency.

  • December 03, 2021

    Maryland Atty Charged With $8.5M Escrow Fraud In NY Court

    A Maryland attorney stole $5.1 million in escrow funds from a medical equipment supplier and then attempted to avoid a civil contempt order by filching $3.4 million from another client's escrow account, Manhattan federal prosecutors alleged Friday.

Expert Analysis

  • When And How To Depose Fact Witnesses Remotely In 2022

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    Tim Tryniecki and Thomas Mudd at MG+M offer a series of practice tips for successfully conducting remote depositions of often-inexperienced fact witnesses, as the virtual court proceedings sparked by COVID-19 look set to become a part of the legal landscape next year.

  • JP Morgan Ruling May Have Broad Insurance Implications

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    The New York Court of Appeals' recent decision in J.P. Morgan Securities v. Vigilant Insurance — that settlement funds paid to the U.S. Securities and Exchange Commission did not constitute a penalty for insurance purposes — could have far-reaching application in other types of insurance litigation where plaintiffs could be characterized as seeking equitable relief, say Robert Shulman and Cristen Rose at Paley Rothman.

  • Series

    Embracing ESG: PayPal CLO Talks Gauging Impact And Intent

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    For legal teams, the corporate evolution toward more intentional post-COVID-19 environmental, social and governance strategies means deeper integration across business functions, seeking counsel on emerging issues affecting stakeholders, adapting initiatives around changing policies and regulations, and advancing ESG reports to better measure impact, says Louise Pentland at PayPal.

  • How Growing Cyber Scrutiny Affects Corporate Compliance

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    In the face of overlapping cybersecurity initiatives at the U.S. Departments of Justice and Health and Human Services, health care companies and government contractors should prepare for microscopic scrutiny by ensuring specific components are included in compliance programs and being mindful of reporting obligations under existing corporate integrity agreements, say attorneys at Verrill Dana.

  • Avoiding Audit Disaster After Receiving A Disaster Grant  

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    Erin Greten and Thomas Barnard at Baker Donelson offer tips to help entities that received COVID-19-related federal assistance navigate complex audit processes, stay in compliance with spending requirements, and avoid civil liability or criminal prosecution.

  • Ohio Opioid Verdict Brings Focus To Role Of Pharmacists

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    The recent federal Ohio jury verdict in National Prescription Opiate Litigation found pharmacies liable for contributing to the public nuisance of the opioid epidemic, advancing the question of when pharmacists owe a duty to warn or refuse to fill a prescription, says Roseann Termini at Widener University's Delaware Law School.

  • Med Device Case Highlights Physician IP Deal Best Practices

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    The U.S. Department of Justice's recent settlement with Arthrex over False Claims Act allegations demonstrates how physician intellectual property arrangements present compliance risks, which medical device companies can mitigate through best practices covering training, governance and other protocols, say attorneys at Paul Hastings.

  • Without Leadership Buy-In, Law Firm DEI Efforts Stand To Fail

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    A law firm's diversity, equity and inclusion strategies need the full attention and support of its top leadership to succeed, and requiring the firm's key decision makers to join the DEI committee can make the difference, says Noble Allen at Hinckley Allen.

  • Series

    Confronting Origination Credit: Self-Advocacy Tips For Attys

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    Female lawyers and lawyers of color have historically not been privy to the rules of the origination credit game, but they can employ various strategies to increase the chances of receiving the credit they are due, such as enlisting allies for support and tracking inequity patterns, says Marianne Trost at The Women Lawyers Coach.

  • A Real-World Guide To Staying Discovery In Federal Court

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    Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

  • Choosing The Right IP Protections For Telehealth Innovations

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    Telemedicine and digital health innovations are likely to stay after the COVID-19 pandemic ends, so inventing companies must decide on a comprehensive intellectual property strategy, considering the goals, risks and upfront requirements offered by both patent and trade secret protections, say Eric Sophir and Matthew Horton at Foley & Lardner.

  • Opinion

    To Vax Or Not To Vax Is Not A Constitutional Question

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    Opponents of COVID-19 vaccine mandates, including several states' governors, mistakenly insist that such requirements offend their constitutional rights, but a careful review of U.S. Supreme Court jurisprudence on the subject shows no grounding for their position, say Daniel Karon at Karon LLC and Giliann Karon at Accountable Tech.

  • Mitigating Inflation's Impact On Commercial Contracts

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    As accelerating inflation threatens to turn many commercial contracts unprofitable for sellers, lessors and lenders, prospects of court relief are slim, but certain contract clauses and revisions can help, says Jonathan Hugg at Schnader Harrison.

  • How DOJ May Beat The White Collar Fraud Clock Post-COVID

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    The U.S. Department of Justice will likely employ creative strategies to try to sidestep the five-year statute of limitations in certain complex white collar matters following widespread delays due to the pandemic, but each method comes with nuances and weaknesses that may allow appropriate challenges from defense counsel, say Michael Harwin at Stearns Weaver and David Chaiken at ChaikenLaw.

  • Insurance Tips For Mitigating DOJ Cyber Initiative Risks

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    For companies and executives involved in False Claims Act actions alleging cybersecurity failures like those envisioned by the U.S. Department of Justice's new cyber fraud initiative, certain insurance policies could help defray the substantial costs of defense and even settlement liability, say attorneys at Hunton.

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