Health

  • September 24, 2020

    Bankrupt Lab Takes Mintz Malpractice Fight To 11th Circ.

    A defunct diagnostics lab's bankruptcy trustee told an Alabama federal judge Wednesday that he's appealing to the Eleventh Circuit Mintz's win in a malpractice case alleging the law firm failed to advise the cholesterol testing company that its business practices could run afoul of federal law.

  • September 24, 2020

    Deals Rumor Mill: Ant Group, Aviva, Sequoia Capital

    Ant Group expects to raise $35 billion or more in its planned IPO, multiple suitors have emerged for the €3 billion French business of British insurance company Aviva, and Sequoia Capital China is raising a $2.2 billion yuan-denominated fund. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • September 24, 2020

    Bard Strikes $60M Multistate Deal Over Pelvic Mesh Marketing

    Medical device maker C.R. Bard Inc. said Thursday it has agreed to a $60 million settlement with the attorneys general of 48 states and Washington, D.C., to end claims the company deceptively marketed its transvaginal surgical mesh devices to patients by downplaying serious risks.

  • September 24, 2020

    Opioid MDL Negotiating Class Struck Down By 6th Circ.

    The Sixth Circuit on Thursday reversed an Ohio federal judge's decision to certify a novel negotiating class aimed at resolving the opioid multidistrict litigation, finding the class isn't authorized by the federal rules for class actions.

  • September 23, 2020

    Veteran Mental Health Bill Sent To Trump, Other Bills Proceed

    U.S. Senate and House lawmakers passed a sweeping bill Wednesday to address mental health care for veterans, just days after the House passed a host of bills to bolster the national stockpile's medical supplies, update Medicaid benefits and let the government destroy counterfeit medical devices.

  • September 23, 2020

    Pitt Professor Says Firing Over 'Killed' Comment Was Biased

    A former University of Pittsburgh dental school professor told a federal judge during a bench trial Wednesday she was fired as a result of ethnic bias after a colleague misconstrued her remark about having "killed" during the Croatian conflict as a threat.

  • September 23, 2020

    UPS Worker Says She Was Fired Over COVID-19 Quarantine

    A former UPS Inc. employee said she was illegally fired for taking two weeks off in order to quarantine after she fell sick during the coronavirus pandemic, according to a lawsuit filed Tuesday in California state court.

  • September 23, 2020

    DC Circ. Mulls Vape Makers' Challenge To FDA E-Cig Rule

    Two D.C. Circuit judges indicated Wednesday that the U.S. Food and Drug Administration's regulation treating vaping products like tobacco products seems unlawful because the rule, issued by a career employee, was not properly ratified by a Senate appointee, as required by the appointments clause of the U.S. Constitution.

  • September 23, 2020

    Trump's COVID-19 Response Based On Science, Officials Say

    Government health officials leading the Trump administration's response to the coronavirus pandemic on Wednesday answered senators' questions on Capitol Hill, defending the scientific basis of key decision-making related to vaccine development and distribution as well as agency guidance that has faced scrutiny.

  • September 23, 2020

    Calif. AG Asks Senate Not To Replace CCPA With National Law

    California's attorney general urged the U.S. Senate at a Wednesday hearing not to override the California Consumer Privacy Act with a federal law, while ex-heads of the Federal Trade Commission who now work in private practice argued in favor of federal preemption.

  • September 23, 2020

    Doctor Certification Group Ducks Antitrust Claims

    An Illinois federal judge permanently threw out an antitrust lawsuit Tuesday accusing a nonprofit that comprised medical specialty boards of illegally colluding with hospitals and insurers to force doctors into paying for recertification programs for their specialties, deeming the allegations too vague to survive.

  • September 23, 2020

    3 Takeaways From Ill. Ruling On BIPA And Workers' Comp

    Privacy attorneys weren't shocked by a recent Illinois state appellate ruling finding the state's workers' comp law doesn't preempt claims for statutory damages under its biometric privacy statute, but they say the decision left open some questions and is likely to be reviewed by Illinois' top court.

  • September 23, 2020

    Gilead To Pay $97M To Resolve Copay Kickback Claims

    Pharmaceutical giant Gilead Sciences Inc. agreed to pay $97 million to resolve claims that it violated the False Claims Act by using a foundation as a conduit to pay the Medicare copays for its pulmonary arterial hypertension drug, the U.S. Department of Justice announced Wednesday.

  • September 23, 2020

    Ex-City Nat'l VP Says COVID-Delayed Med Help Led To Firing

    A former vice president at a City National Bank location claims in a lawsuit filed Tuesday in Los Angeles Superior Court that she was fired for taking too long to recover from fibromyalgia and other health problems because of treatment delays caused by COVID-19.

  • September 23, 2020

    Princess Cruise Passengers See COVID-19 Suit Slashed

    A California federal court has slashed claims brought against Princess Cruise Lines by a group of passengers over its handling of COVID-19 cases aboard one of its ships, but it let stand a claim for intentionally inflicting emotional distress.

  • September 23, 2020

    Clinic Faces Uphill Battle With Insurer, 11th Circ. Judge Warns

    An Eleventh Circuit judge on Wednesday warned the owner of several Georgia medical clinics that he has an "uphill battle" to win coverage for a damaged clinic roof from Zurich American Insurance Co. even if the panel revives its bad faith claims against the insurer.

  • September 23, 2020

    Drug Distributors Seek Out Of W.Va. Opioid Bellwether

    Drug distributors McKesson, Cardinal and AmerisourceBergen told a West Virginia federal judge they should be axed from a county's bellwether trial over the opioid epidemic, saying the state has never recognized a public nuisance claim based on a product's alleged harm.

  • September 23, 2020

    AGs Denied Early Win In ACA Civil Rights Rollback Suit

    A New York federal judge has rejected a bid from several attorneys general for an early win in their suit challenging a Trump administration rollback of civil rights protections for women, LGBTQ people and non-English speakers under the Affordable Care Act, finding that the states' move was premature.

  • September 23, 2020

    AmerisourceBergen Says Chancery Records Ruling Too Broad

    Drug wholesaling giant AmerisourceBergen Corp. urged Delaware's Supreme Court justices on Wednesday to reverse a January Chancery Court ruling that it said tilted sharply toward stockholders in disputes over demands for company records, potentially setting up businesses for harassment.

  • September 23, 2020

    Latham, Davis Polk, Whalen Guide GoodRx's $1.1B IPO

    Shares of GoodRx, whose platform helps users find coupons and compare prices for prescription drugs, took off Wednesday as the company raised $1.1 billion to support business growth in an initial public offering guided by Latham, Davis Polk and Whalen.

  • September 23, 2020

    College Rivalry Not Enough To Move Ex-NFLer's Fraud Trial

    A former NFL linebacker can't transfer charges that he was part of a scheme to defraud an NFL health fund, a Kentucky federal judge has ruled, rejecting his argument that an "intense" college football rivalry meant he couldn't find impartial jurors in the Bluegrass State.

  • September 23, 2020

    OSF Workers Push For $25M Deal In 'Church Plan' Suit

    OSF HealthCare System has agreed to pay $25 million toward funding its retirement plans and guarantee benefits under the plans through 2025 to resolve a suit alleging it wrongly claimed an exemption for "church plans" to skirt ERISA requirements.

  • September 23, 2020

    Dentists' COVID-19 Coverage Suit Can Go Ahead In Mo. Court

    A Missouri federal judge will let a proposed class action by four dental offices go ahead with allegations that their insurance company wrongly denied their bids for coverage of losses sustained because of the COVID-19 pandemic, bucking the recent trend of dismissals of such cases.

  • September 23, 2020

    EEOC Says Kindred Unit Illegally Denied Telework Request

    The U.S. Equal Employment Opportunity Commission sued a Georgia unit of health care service Kindred at Home on Wednesday, alleging it violated the Americans with Disabilities Act when it refused to let a disabled procurement specialist work from home late last year.

  • September 23, 2020

    Weil Conflict Tainted Insys Exec's Conviction, 1st Circ. Told

    The former national sales director at Insys Therapeutics Inc. told the First Circuit on Wednesday that Weil Gotshal & Manges LLP's dual role representing both him in a criminal kickback trial and the company in its bankruptcy constitutes a "serious violation" of his rights.

Expert Analysis

  • Breaking Down The Top 3 COVID-19 Workplace Claims

    Excerpt from Practical Guidance
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    Attorneys at Fisher Phillips identify litigation trends in the three most common types of COVID-19 claims filed against employers to date, and discuss risk-reduction and defense strategies.

  • A Road Map For Drafting Persuasive Discovery Motions

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    Best practices that can help litigators write convincing discovery motions include thinking about the audience, addressing a few key questions, and leaving out boilerplate from supporting briefs, says Tom Connally at Hogan Lovells.

  • How Congress Can Depoliticize The Supreme Court

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    Congress has multiple means to take the politics out of federal judicial nominations and restore the independence of the U.S. Supreme Court — three of which can be implemented without a constitutional amendment, says Franklin Amanat at DiCello Levitt.

  • Opinion

    1st Circ. ERISA Benefit Ruling Misapplies Review Standard

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    The First Circuit’s recent decision in Doe v. Harvard Pilgrim Health Care — affirming denial of health insurance coverage based on the de novo review standard under the Employee Retirement Income Security Act — is dubious because it deviates markedly from civil procedure requirements and conflicts with U.S. Supreme Court jurisprudence, says Mark DeBofsky at DeBofsky Sherman.

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • Trump's Drug Pricing Order Is More Bark Than Bite

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    President Donald Trump's new executive order addressing pricing for drugs covered by Medicare Parts B and D glosses over enormous difficulties in restructuring Medicare operations and is unlikely to lead to any imminent changes, say attorneys at Debevoise.

  • Key Regulatory Concerns For Cos. Making COVID-19 Products

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    Recent enforcement actions by federal agencies against businesses making products intended to protect against COVID-19 highlight why companies must understand which regulators they are answerable to, and what standards they must follow when producing, advertising, labeling and selling their goods, say attorneys at Crowell & Moring.

  • Anthem-Cigna Merger Ruling Highlights Post-Deal Issues

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    The Delaware Chancery Court's recent decision to halt the Anthem-Cigna merger on antitrust grounds is most notable for not holding Cigna liable for breaching its obligation to support the transaction, and underscores the vulnerability of merger-of-equals transactions to post-signing issues, say attorneys at Fried Frank.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • White House Due Process Memo Could Reform Enforcement

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    A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • Comparing Recent State Data Breach Law Updates

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    Public and private entities should revisit their incident response plans to ensure compliance with and understand the differences among heightened data breach notification requirements that five states and Washington, D.C., added or amended this year, says Jane Petoskey at Polsinelli.

  • 5 Info Blocking Compliance Challenges For Health Providers

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    With the compliance deadline for the U.S. Department of Health and Human Services' new information blocking regulations approaching, health providers should identify and address processes that are particularly likely to constitute information blocking, including those concerning patient access to minors' and other providers' records, say attorneys at Davis Wright.

  • Opinion

    Lawyers Must Act To Preserve Democracy This Election

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    COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

  • Opinion

    State AG Enforcement Is Important For Workers' Rights

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    A recent increase in state attorney general labor and employment enforcement — including a challenge that prompted a New York federal judge to strike down the U.S. Department of Labor’s joint employer rule last week — sends an important message that worker protections are not easily revoked, says Catherine Ruckelshaus at the National Employment Law Project.

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