Health

  • April 28, 2017

    Warning Would Have Kept Woman From J&J Talc, Jury Told

    A woman who alleges her daily use of Johnson & Johnson’s talcum powder products over decades caused her to develop ovarian tumors testified for a Missouri jury on Friday, saying she wouldn’t have used the company’s products had they included any warnings about cancer risks.

  • April 28, 2017

    11th Circ. Backs Georgia 'Pill Mill' Doc's 20-Year Sentence

    The Eleventh Circuit on Thursday upheld a 20-year sentence for a doctor charged with 92 federal counts arising from his participation in two Georgia pain management clinics that purportedly operated as “pill mills,” saying he failed to prove error in the trial court's handling of the case.

  • April 28, 2017

    Quest To Pay $6M To End Blood Test FCA Suit

    Quest Diagnostics Inc. agreed to pay $6 million to escape a long-running False Claims Act suit accusing a company it acquired of shelling out kickbacks to doctors who referred patients for blood tests, the government said Friday.

  • April 28, 2017

    Anthem Ruling May Shake Up Cos.' Merger Case Strategy

    The D.C. Circuit on Friday handed another monumental win to the U.S. in its challenge to Anthem’s $54 billion combination with Cigna, and experts say attorneys advising clients in merger cases may need to rethink their strategies following the government’s recent winning streak.

  • April 28, 2017

    Hobby Lobby Moots Co.'s Contraception Rule Case: 7th Circ.

    The Seventh Circuit on Friday vacated an injunction blocking the Affordable Care Act’s pre-Hobby Lobby contraceptive mandate for for-profit employers, noting the grounds for such relief were mooted when Congress amended the ACA to shield religious beliefs after the high court ruled on the case.

  • April 28, 2017

    Jury Finds Fla. Eye Doctor Guilty Of Overbilling Medicare

    A Florida ophthalmologist linked to New Jersey Sen. Robert Menendez was found guilty Friday of overbilling Medicare by $32 million for unnecessary eye injections and other treatments.

  • April 28, 2017

    Senators Revive Bill To Speed Up Generic Drug Approval

    A bipartisan group of U.S. senators on Thursday revived the CREATES Act, a bill aimed at lowering drug prices by streamlining the process to get generic drugs on the market.

  • April 28, 2017

    Nurses Qualified To Testify On Injury Causation, Court Says

    Certain classes of nurse practitioners may be able to testify as to whether medical conduct led to injuries alleged in medical malpractice lawsuits, the Washington State Supreme Court ruled Thursday.

  • April 28, 2017

    Texas Justices Won't Revive Andrews Kurth Malpractice Suit

    Citing a lack of evidence, the Texas Supreme Court on Friday affirmed dismissal of a legal malpractice case where former clients of Andrews Kurth Kenyon LLP alleged that their lawyers' drafting of an unenforceable health care investment agreement and failure to designate damages experts resulted in a $6 million judgment against them.

  • April 28, 2017

    2 UAE Men Seek To Halt Cerner's Collection Of $62M Award

    A United Arab Emirates businessman and his son asked a Massachusetts federal court Thursday to stay proceedings brought by health records giant Cerner Corp. to confirm a $62 million arbitration award over a billing dispute, saying they haven’t been properly served.

  • April 28, 2017

    Hospital Laundry Co.'s Ch. 11 Loan, Bidding Procedures OK'd

    Bankrupt medical laundry and linen management services company Angelica Corp. received final authorization Friday to tap a $65 million Chapter 11 loan and move forward with its agenda to sell the business to a KKR & Co. LP affiliate for $125 million or field a better offer at auction.

  • April 28, 2017

    Taxation With Representation: Skadden, Wachtell, Allen

    In this week’s Taxation With Representation, medical supply company Becton Dickinson buys out competitor C.R. Bard for $24 billion, Allen & Overy and Cravath guide a $4.3 billion acquisition in the pharmaceutical industry, and a merger creates a lodging REIT heavyweight with a $4.2 billion market capitalization in Maryland.

  • April 28, 2017

    Bostwick's $6.5M Asset Sale To Poplar Approved In Del.

    Bankrupt cancer diagnosis firm Bostwick Laboratories Inc. received court approval Friday in Delaware for a $6.5 million sale of its assets to stalking horse bidder Poplar Healthcare Management PLLC, which will be assuming many of the debtor’s leases and contracts in the transaction.

  • April 28, 2017

    Health Hires: 8 Firms Add Health, Life Sciences Experts

    The last few weeks have seen Cooley LLP, DLA Piper, Faegre Baker Daniels Consulting, Fox Rothschild LLP, King & Spalding LLP, Nossaman LLP, Polsinelli PC and Porzio Bromberg & Newman PC expand their expertise in the health and life sciences worlds.

  • April 28, 2017

    Nurse Can't Show Transfer Was Demotion, Texas Court Says

    A nurse who sued her hospital employer alleging racial discrimination and retaliation after she was transferred within a neonatal intensive care unit hadn’t proved that her transfer was a demotion, a Texas state appellate panel ruled, upholding the hospital’s win.

  • April 28, 2017

    Anthem Loses Appeal In $54B Cigna Merger Case

    Anthem Inc. on Friday lost its bid to overturn a decision that blocked it from proceeding with its $54 billion merger with Cigna Corp., after a split D.C. Circuit panel was not convinced by the insurer’s argument that the transaction should go through because it would generate savings for customers.

  • April 27, 2017

    HealthNet, IU Health Pay $18M To End Whistleblower Suit

    HealthNet Inc. and Indiana University Health Inc. have agreed to pay $18 million to resolve allegations brought by a whistleblower that the health care providers submitted false health claims and violated federal anti-kickback laws, the U.S. Department of Justice said Thursday.

  • April 27, 2017

    Group Sues For Trump Transition's Climate Questionnaires

    A group formed by former White House attorneys filed two suits in D.C. federal court Thursday accusing the U.S. Departments of Energy and Health and Human Services of ignoring requests for records concerning Trump transition team questionnaires given to agency employees about their climate change and Affordable Care Act work.

  • April 27, 2017

    GAO Says NIH Wrongly Skipped SBA Review Of IT Deal Bidder

    The U.S. Government Accountability Office in a decision made public Thursday ruled that the National Institutes of Health had wrongly excluded a company from consideration for a massive information technology contract, saying the NIH should have let the U.S. Small Business Administration review the company’s claimed lack of health-related experience.

  • April 27, 2017

    Investors Want Venture Funds Kept Out Of Theranos Suit

    Investors who purchased Theranos Inc. stocks through venture funds on Wednesday urged a California federal court not to rope the funds into the litigation, arguing there’s no risk of double recovery and that the securities fraud lawsuit won’t be hindered without their presence.

Expert Analysis

  • CMS Final Rule Does Not Answer Insurers' Biggest Questions

    Jeremy Earl

    The Centers for Medicare and Medicaid Services recently released a final rule intended to stabilize exchange markets for 2018. However, the rule does not resolve ongoing uncertainty regarding cost-sharing reduction funding, among other concerns, and this uncertainty will likely overshadow any stabilizing effects, say attorneys with McDermott Will & Emery LLP.

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • Title VII Takeaways From Hively V. Ivy Tech

    Andrew Melzer

    The Seventh Circuit's recent opinion in Hively v. Ivy Tech Community College, finding that Title VII extends to sexual orientation, bodes well for victims of sexual orientation discrimination. Such a decision coming out of a widely influential yet relatively middle-of-the-road circuit gives clear cover to panels in other circuits to follow its lead, say Andrew Melzer and James Richardson of Sanford Heisler Sharp LLP.

  • Gov't Nonintervention In Agape And Future FCA Cases

    Joshua Hill

    The Fourth Circuit's recent Agape decision is a reminder that the government’s nonintervention in a False Claims Act case should not be mistaken for government disinterest, says Joshua Hill of Morrison & Foerster LLP.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • Protecting Communications From PR Privilege Issues

    Donna Fisher

    Two recent opinions out of Pennsylvania and California state courts offer important lessons for avoiding claims of privilege waiver when using public relations consultants during litigation, say attorneys with Pepper Hamilton LLP.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs

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    General counsel at four law firms share the biggest issues they face in an increasingly complex legal environment.

  • In Congress: A Major Fiscal Deadline

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    The current continuing resolution expires at midnight on April 28, leaving Congress very little time to strike a deal to keep the government funded and avert a shutdown. Complicating things are reports that the White House may also be pressuring House leadership to schedule a vote this week on a new version of the health care “repeal and replace” bill, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.