Rep. Charlie Crist, D-Fla., showed up unannounced in 2010 at the home of a Florida ophthalmologist and slept there on the same weekend when Sen. Bob Menendez traveled to and from the Sunshine State at the physician’s expense, according to testimony Tuesday at the senator and doctor’s bribery trial.
A Missouri appeals court on Tuesday tossed a jury’s finding that Johnson & Johnson’s talcum powder caused a woman’s fatal ovarian cancer and award of $72 million in damages, ruling the Alabama woman’s case should never have been tried in St. Louis.
An additional pool of 100 potential jurors was added Tuesday in the Brooklyn federal trial of former Katten Muchin Rosenman LLP attorney Evan Greebel, accused of conspiring with Martin Shkreli to defraud Retrophin Inc., just hours after the government fired back at Greebel's contention that the pharma-bro’s acquittal on one of the conspiracy counts is admissible.
Two chiropractic clinics told the Ninth Circuit on Tuesday that a lower court wrongly denied their class certification bid in a Telephone Consumer Protection Act suit alleging McKesson Corp. faxed unsolicited advertisements, saying McKesson hadn’t provided evidence of customer consent.
U.S. senators on Tuesday sharply questioned whether opaque arrangements between drugmakers and pharmacy benefit managers are driving up drug costs.
A Boston jury on Tuesday heard several emails from the boss of a former pharmacist on trial for murder that urged him not "cut corners" on sterility and potency testing for the prescription drugs he manufactured shortly before his laboratory landed at the center of a deadly fungal meningitis outbreak.
A Connecticut federal judge on Monday expanded the definition of a nationwide class of Medicare patients alleging the U.S. Department of Health and Human Services fleeced them on hospital care by placing them on outpatient "observation," which is subject to lower reimbursement rates than inpatient care, to include those who were notified of their status.
A New Jersey doctor pled guilty in federal court Tuesday to cheating Medicare and private insurers out of over $3 million in claims by billing for physical therapy sessions that were performed by unqualified personnel, the U.S. Department of Justice announced.
The U.S. Food and Drug Administration found a plethora of problems at a California facility for making dialysis products, identified an illegal stimulant in fitness supplements, and scolded an online store for its health claims about its teas.
Cohen Milstein Sellers & Toll PLLC forfeited its right to any fees from a now-settled antitrust case against a hospital group when it opted to withdraw without facing circumstances in which staying in the case would be “legally impossible,” the firm’s former client told a Florida federal court Monday.
A Johnson & Johnson user's attempt to prove the company's talcum powder is contaminated with asbestos will hinge on her ability to trace the talc she used from mine to mesothelioma, as a retrial starting this week will divert from the link between the powder and ovarian cancer to questions of whether J&J's talc came from quarries containing asbestos.
The Eleventh Circuit on Monday revived a now-deceased Georgia prisoner’s suit alleging personnel at Autry State Prison refused to treat his hepatitis C, ruling the suit should be considered under an imminent danger exception to a law limiting prisoner lawsuits.
The leaders of a key Senate panel have struck a deal intent on restoring cost-sharing reduction payments and offering states more flexibility under the Affordable Care Act’s insurance rules as part of a bid to prop up the individual markets over the next two years.
Sen. Claire McCaskill on Monday pushed to repeal a law that made it harder for the U.S. Drug Enforcement Administration to crack down on misbehaving opioid distributors, saying the law championed by President Donald Trump’s since-withdrawn pick for drug czar was misleading and harmful.
President Donald Trump on Tuesday said his pick to lead the Office of National Drug Control Policy has backed out of the position, two days after media reports revealed the congressman had pushed legislation gutting the U.S. Drug Enforcement Administration's ability to target misbehaving opioid distributors.
Counsel for a Florida businessman charged with orchestrating a $1 billion health care fraud drew some potentially helpful testimony from two federal agents Monday in his bid to disqualify the prosecution team for allegedly violating the suspect's attorney-client privilege, but also struggled to nail down key details.
A California federal magistrate judge overseeing claims that UnitedHealth Group improperly denied coverage for mental health and substance abuse treatment told class members at the start of their bench trial Monday that he’s “just some dumb judge” who would need expert testimony on coverage guidelines to give him “a road map” for their case.
The New Jersey federal judge presiding over the bribery trial of Sen. Bob Menendez and a Florida ophthalmologist on Monday rejected their argument that the U.S. Supreme Court’s landmark McDonnell decision invalidated the stream of benefits theory behind most of the charges, sinking their bid for acquittals.
A California appellate panel on Friday greenlighted a suit accusing an HCA Healthcare hospital of terminating a doctor’s contract because he refused to discharge patients early, saying the case was not subject to California's law barring lawsuits that infringe free speech rights.
A California state judge on Friday ruled that Cottage Health System's excess insurance carrier must face the hospital network's suit seeking coverage for more than $4 million in data breach-related costs, rejecting the insurer's argument that the action is premature because Cottage's primary insurance policy hasn't been exhausted.
Federal courts across the country are handing down important rulings interpreting the U.S. Supreme Court’s landmark decision on False Claims Act liability in Universal Health Services v. Escobar. As the rulings keep pouring in, stay up to speed on Law360’s latest coverage and analysis of Escobar’s impact.
The new book "The Judge: 26 Machiavellian Lessons" is a lively tour of colorful incidents and personalities that have populated the U.S. Supreme Court for the past 23 decades. Do authors Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of their examples are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.
Many employers are seeing an increase in requests for religious accommodations. Several recent court decisions and statistics from the U.S. Equal Employment Opportunity Commission provide insight into the rise in claims related to these requests, and the importance of employers understanding their obligations to accommodate, say Barbara Hoey and Alyssa Smilowitz of Kelley Drye & Warren LLP.
On Sunday, the results of a six-month joint investigation by "60 Minutes" and The Washington Post concluded that "the drug industry, with the help of Congress, turned the opioid epidemic into a full blown crisis." In the coming months, insurers and pharmacy benefit managers are expected to undertake new and innovative efforts to control and disincentivize the use and prescription of opioids, says Adam Fleischer of BatesCarey LLP.
Financial Crisis Anniversary
After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.
While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.
Given the uptick in global awareness and enforcement of anti-bribery and corruption laws, most U.S.-based health care companies are attuned to the risks associated with legal infractions caused by their operations and conduct abroad. However, such ex-U.S. activities may also impact health care companies’ ability to conduct business within the U.S., say attorneys with Ropes & Gray LLP.
The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.
The Florida Supreme Court's recent decision in White v. Mederi Caretenders Visiting Services of Southeast Florida and Americare Home Therapy v. Hiles recognizes that referral sources are the lifeblood of the home health care business and worthy of protection. The ruling should be viewed as a strong statement by the court that restrictive covenants will be enforced to prevent unfair competition, says Leonard Samuels of Berger Singerman LLP.
Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.
Life sciences and health care companies nationwide are being sued by shareholders far more frequently this year, but the good news for such companies in Massachusetts is that after several years of issuing no significant decisions in securities class actions, the First Circuit has now issued several favorable dismissals, say Caroline Bullerjahn and Deborah Birnbach of Goodwin Procter LLP.