Health

  • October 17, 2017

    Crist Visit To Menendez Doc Used To Counter Bribery Charges

    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.

  • October 17, 2017

    J&J Wins Mo. Appeal Of $72M Talc Cancer Verdict

    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.

  • October 17, 2017

    Shkreli Acquittal Inadmissible At Trial, Gov't Argues

    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.

  • October 17, 2017

    McKesson Fax Recipients Urge 9th Circ. To Revive Cert. Bid

    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.

  • October 17, 2017

    Sens. Scrutinize Murky Drug Pricing, Rebate Deals

    U.S. senators on Tuesday sharply questioned whether opaque arrangements between drugmakers and pharmacy benefit managers are driving up drug costs.

  • October 17, 2017

    Boss Pushed Pharmacist To Step Up Testing Before Outbreak

    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.

  • October 17, 2017

    More Medicare Patients Join Class In Due Process Suit

    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.

  • October 17, 2017

    NJ Doctor Cops To Bilking Medicare, Others Out Of $3M

    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.

  • October 17, 2017

    FDA Warning Wire: Multiple Issues At Dialysis Co.

    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.

  • October 17, 2017

    Cohen Milstein Forfeited Fees For Exiting Suit, Court Told

    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.

  • October 17, 2017

    J&J Asbestos Trial A New Front In Talc Litigation

    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.

  • October 17, 2017

    11th Circ. Revives Prisoner's Suit Over Hep C Treatment

    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.

  • October 17, 2017

    Bipartisan ACA Deal Would Renew Subsidies, Add Flexibility

    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.

  • October 17, 2017

    Sen. Wants Repeal Of Opioid Law That Sunk Drug Czar Pick

    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.

  • October 17, 2017

    Rep. Who Cut DEA Powers Out As Trump's Drug Czar Pick

    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.

  • October 16, 2017

    Agents' Vague Answers Mixed Bag For Defense In $1B Fraud

    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.

  • October 16, 2017

    Self-Effacing Judge Asks For Road Map In UnitedHealth Trial

    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.

  • October 16, 2017

    Theory Behind Menendez Charges Ruled OK Under McDonnell

    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.

  • October 16, 2017

    HCA Healthcare Must Face Calif. Doctor’s Retaliation Suit

    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.

  • October 16, 2017

    Excess Insurer Must Face $4M Data Breach Coverage Suit

    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.

Expert Analysis

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    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.

  • The Rise Of Employee Religious Discrimination Claims

    Barbara Hoey

    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.

  • Evolution Of A Crisis: Opioid Claims Pick Up Speed

    Adam Fleischer

    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

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    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.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    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.

  • How Conduct Abroad Impacts Health Care Business In US

    Alison Fethke

    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.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    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.

  • Insights On Protecting Referral Sources With Noncompetes

    Leonard Samuels

    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 Facing Challenges In The Legal Industry

    Goodwin Liu

    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.

  • Good And Bad News For Massachusetts Life Sci, Health Cos.

    Caroline Bullerjahn

    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.