2nd Circ. Questions Experts' Rejection In Tylenol Autism Suits

By Dan McKay

A Second Circuit panel on Monday appeared skeptical of a lower-court order that barred every expert witness set to testify for families who allege that patients taking Tylenol while pregnant can cause autism or attention deficit hyperactivity disorder in their children.

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DC Circ. Mulls If Gov't Can Say No To 340B Rebate Program

By Nadia Dreid

The D.C. Circuit is set to decide "who's the decision-maker" in a fight brought by drugmakers over the federal government's efforts to reshape the way they do drug rebates after spending more than an hour and a half Monday morning hearing out all sides.

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Medtronic Can't Nix FCA Claims Despite 1st Circ. Precedent

By Rae Ann Varona

A Massachusetts federal judge reconsidered reviving Medtronic's bid to defeat claims it violated the False Claims Act in light of new First Circuit precedent on a causation standard, but ruled that a whistleblower's evidence warranted keeping the claims alive for now.

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Cravath, Goodwin Advise On J&J's $3B Cancer Drug Play

By Al Barbarino

Cravath-advised Johnson & Johnson said Monday it has agreed to pay $3.05 billion in cash for Goodwin-led Halda Therapeutics, a biotech developing a clinical-stage therapy for prostate cancer.

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B. Braun Unit Inks $38.5M Deal To End FCA Knee Implant Case

By Gianna Ferrarin

The U.S. Department of Justice on Monday announced a $38.5 million False Claims Act settlement with a subsidiary of German medical device giant B. Braun Melsungen AG resolving accusations it sold a knee replacement implant allegedly known to fail prematurely after surgery.

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No High Court Review For FDA Fast-Track Denial

By Gianna Ferrarin

The U.S. Supreme Court on Monday said it would not consider whether federal drug regulators went astray in denying fast-track review for a digestive disorder medication being developed by Vanda Pharmaceuticals.

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Advocacy Groups Push 9th Circ. To Uphold Fluoride Ruling

By Tom Lotshaw

Advocacy groups that convinced a California federal judge to rule that the U.S. Environmental Protection Agency's "optimal" level for fluoride in drinking water is not protective enough for children, told the Ninth Circuit Monday that there's no reason to disturb the decision.

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court and Delaware Supreme Court last week had a dense slate of fiduciary duty battles, merger-process challenges, post-bankruptcy fights and a series of cases probing the limits of fraud pleading, credible-basis inspections and board-level disclosure duties.

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Roundup

Pa. Supreme Court Snapshot: Skill Games Top Nov. Lineup

By Matthew Santoni

The Pennsylvania Supreme Court's November session will tackle the legality of the "Pennsylvania Skill" games that have popped up in gas stations and convenience stores, answering the long-simmering question of whether they should be regulated like slot machines. Here are some of the cases the state supreme court will hear during its three-day session in Harrisburg.

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Brief

Lupin Drops Trade Secrets Case Against Rival

By Elliot Weld

Pharmaceutical company Lupin Inc. has agreed to drop allegations of stealing trade secrets against Transpire Bio Inc. and former Lupin employee Xian-Ming Zeng, after two other former Lupin employees escaped the suit last month.

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3 Firms Advising On CD&R's $10.3B Bubble Wrap Maker Buy

By Al Barbarino

Private equity firm CD&R has agreed to purchase Sealed Air Corp., a provider of packaging solutions including Bubble Wrap and Cryovac, at an enterprise value of $10.3 billion in a deal steered by three law firms, Sealed Air said in a Monday announcement.

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E-Discovery Quarterly: Recent Rulings On Dynamic Databases

Several recent federal court decisions illustrate how parties continue to grapple with the discovery of data in dynamic databases, so counsel involved in these disputes must consider how structured data should be produced consistent with the requirements of the Federal Rules of Civil Procedure, say attorneys at Sidley.

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Analysis

UK Firms Drive Transatlantic Appetite For M&A Dealmaking

By Aebra Coe and Chris Villani

The merger announced Monday between British legal giant Ashurst LLP and American law firm Perkins Coie LLP is the latest in a spate of deals driven, in part, by an appetite among global firms to gain a strong presence in the U.S.

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'Astounding' Holland & Knight Conduct Drives Liability Ruling

By Ryan Boysen

Holland & Knight LLP has forfeited a malpractice lawsuit in Alaska by refusing to turn over information to a Native American tribal corporation, with a state judge entering a default judgment as a sanction and calling the firm's conduct "a head scratcher" and "astounding."

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Brief

ABA Decries Lawmaker Calls For Impeachments Of Judges

By Courtney Bublé

The American Bar Association said on Monday it's "alarmed" by lawmakers' interest in impeaching judges just because they don't like their rulings.

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Judge Orders Grand Jury Docs Released In Comey Case

By Brandon Lowrey

A Virginia federal magistrate judge Monday ordered the disclosure of all grand jury materials related to the indictment of former FBI Director James Comey, saying government misconduct may have tainted the grand jury proceedings.

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DOJ Backs White House's Military Lawyer Transfers

By Courtney Bublé

A newly released legal opinion from the U.S. Department of Justice says the Trump administration is allowed to detail military lawyers to serve as immigration judges and special assistant U.S. attorneys in the District of Columbia.

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Senator Slams Trump For 'Blowing Up' Wis. US Atty Process

By Courtney Bublé

Sen. Tammy Baldwin, D-Wis., accused President Donald Trump on Monday of skirting the process to nominate U.S. attorneys in Wisconsin with his pick of a failed Wisconsin Supreme Court candidate for the office that covers Milwaukee.

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Law School Admission Council Pushes To Toss Antitrust Suit

By Andrea Keckley

The Law School Admission Council is continuing its push to toss a proposed class action accusing it of fixing application fees with its member schools, saying in a Pennsylvania federal court filing last week that the applicant's opposition to its dismissal motion "entirely fails to engage with the incoherence at the core of his case."

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Holyoak Leaves FTC For Interim US Atty In Utah

By Bryan Koenig

Melissa Holyoak left the Federal Trade Commission on Monday to become Utah's interim U.S. attorney, leaving the FTC down to two commissioners, both Republicans, in the Trump administration's latest use of interim U.S. attorney appointments.

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