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

    Anthem Ruling May Upend Companies' 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

    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

    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

    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

    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.

  • April 27, 2017

    Wash. Judge Keeps Most Claims Against Nooksack Officials

    A Washington federal judge on Wednesday largely preserved a suit against Nooksack Tribal Council members and other officials by several tribe members seeking to stave off disenrollment, deferring to the U.S. Department of the Interior’s decisions that the council members don’t currently have the authority to represent the tribe.

  • April 27, 2017

    Nurses Seek Class Cert. In Dallas Hospital Chain FLSA Suit

    A Dallas nurse who brought a Fair Labor Standards Act collective action against Methodists Hospitals of Dallas in July — alleging the hospital system routinely docks nurses' pay for meal breaks the nurses do not take — on Thursday asked a federal judge in Texas for conditional certification.

  • April 27, 2017

    Abuse Of Process Claims Rooted In 'Bad Blood,' Pa. Atty Says

    One of the lawyers accused of abusing civil procedure in the pursuit of sanctions against a Philadelphia-area medical malpractice defense attorney who was hit with a since-overturned $1 million penalty shrugged off her claims Wednesday as “bad blood and unprofessional conduct."

  • April 27, 2017

    Books Demand For Universal Health In Wake Of Fraud Probe

    Embattled psychiatric hospital operator Universal Health Services Inc. was hit with a shareholder suit Wednesday in Delaware’s Chancery Court by a pension plan demanding to see records relating to allegations that UHS hospitals routinely exaggerate patients’ risk of suicide in order to hold them involuntarily and collect insurance payments.

  • April 27, 2017

    Feds Denied Say In Medicare FCA Suit After $348M Award

    A Florida federal judge refused Wednesday to permit a “statement of interest” from the government five years after prosecutors declined to intervene in a False Claims Act suit that yielded a nearly $348 million judgment against nursing home operators, finding money to be the government’s only real interest.

  • April 26, 2017

    Fraudster In $172M Scheme Seeks A Light Sentence

    A man who caused about $2.8 million in losses to government and private insurers as part of a $172 million scheme involving fraudulent prescriptions asked a Florida federal court Tuesday for a light sentence, possibly only probation.

  • April 26, 2017

    Pharmacies' Price-Fixing Actions Too Similar, Judge Says

    A Pennsylvania federal judge won’t reconsider denying certification to some independent and chain pharmacies accusing Medco and other benefit managers of paying them less than other chains for drug sales, ruling Wednesday they failed to demonstrate their proposed class didn't overlap with another would-be class alleging a similar price-fixing scheme.

  • April 26, 2017

    Pueblo Sues Fed. Gov't, Won't Return Grant Money

    The Pueblo of Jemez on Wednesday hit the federal government and Health and Human Services Secretary Tom Price with a lawsuit, asking a New Mexico district judge to squash the government’s efforts to re-collect more than a million dollars in grant funds, saying that no improper spending occurred on the part of the tribe.

  • April 26, 2017

    Duke Can't Drop Whistleblower's False Research Data Suit

    A North Carolina federal judge has refused to dismiss a False Claims Act lawsuit claiming Duke University and some of its faculty knowingly falsified medical research data in order to get federal grants, saying that the whistleblower had adequately stated his case.

  • April 26, 2017

    Shkreli Lobs Password-Cracking Allegation At Retrophin

    Former Retrophin Inc. CEO Martin Shkreli accused his former company of accessing a password-protected trove of his documents and delivering them to investigators seeking to convict him of securities and wire fraud Wednesday, but a prosecutor said the allegation came out of thin air.

  • April 26, 2017

    TransCare Execs Must Turn Over Patriarch Partners Docs

    A New York bankruptcy judge on Tuesday ordered three top executives of bankrupt medical transporter TransCare Corp. to hand over financial records and communications with its private equity owner, Patriarch Partners, to the company’s Chapter 7 trustee.

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

    Icon

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

  • In Congress: A Major Fiscal Deadline

    Hertling_Richard_Covington.jpg

    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.