Health

  • July 19, 2019

    Texas Nurses Told To Go It Alone Or Drop Antitrust Suit

    A Texas federal judge has ordered San Antonio registered nurses to either drop their proposed class action or individually pursue antitrust claims that three area hospital systems colluded to suppress staffers' salaries.

  • July 19, 2019

    Cancer Center Ch. 11 Reopened, But Not For Antitrust Fight

    A New York bankruptcy judge told cancer treatment center chain 21st Century Oncology he won’t reopen its Chapter 11 case for the purpose of quashing the antitrust claims of a group of its former doctors and the indemnification claims of its ex-CEO.

  • July 19, 2019

    BCBS Loses Bid To Toss Mental Health Coverage Class Action

    A Bay State federal judge on Friday shot down a bid by Blue Cross Blue Shield of Massachusetts to kill a proposed class action brought by parents who say the insurer wrongly refused to cover certain residential mental health treatments for adolescents.

  • July 19, 2019

    DOJ Tries To Push CVS-Aetna Deal Past Court Review

    The U.S. Department of Justice on Friday urged a D.C. federal judge to sign off on its settlement clearing CVS' purchase of Aetna, trying to rein in the scope of the court's review but facing resistance from the bench during oral arguments.

  • July 19, 2019

    Pa. Man's $3.5M Award Over Missed Heart Disease Upheld

    A Pennsylvania appellate panel on Friday affirmed a jury’s decision to award $3.5 million in a suit accusing a hospital of failing to timely diagnose a man’s heart disease, saying certain medical expert testimony was not required.

  • July 19, 2019

    'Everybody In The Crosshairs' As DOJ Opioid Blitz Gets Real

    The U.S. Department of Justice's newest indictment of a painkiller distributor and its executives strongly suggests that the agency has embarked on a calculated criminal crackdown after years of civil enforcement failed to ease the opioid epidemic.

  • July 19, 2019

    Trump Admin's Short-Term Insurance Rule Survives Challenge

    A Washington, D.C., district judge granted the federal government a quick win on Friday in a legal challenge to a rule allowing Americans to use short-term health insurance plans, which skirt certain Affordable Care Act requirements, for three years instead of one.

  • July 19, 2019

    'Conspiracy' Claim Can't Save Antitrust Case, 7th Circ. Told

    The Seventh Circuit should reject attempts to cut the legs off a rule blocking indirect purchasers from suing a manufacturer for antitrust violations, the Washington Legal Foundation told the court, which is considering antitrust claims from buyers of syringes and catheters who think they were forced to pay too much.

  • July 19, 2019

    Massachusetts Cases To Watch: Midyear Report

    Boston courthouses have been hopping as spring has turned to summer and high-profile white collar cases, the anticipated verdict in a landmark education and employment case, and a pair of cases dealing with courthouse immigration arrests have been filling up the Bay State's dockets. Here, Law360 highlights some of the most important cases to watch in the second half of 2019.

  • July 19, 2019

    Goodwin Guides Radiology Biz To $4B Valuation

    Venture capital-backed Radiology Partners, guided by Goodwin, said Friday it reached a $4 billion valuation following an investment from Starr Investment Holdings.

  • July 19, 2019

    Philly Hospital's Ch.11 Plan To Sell Residency Program OK'd

    A plan to sell doctor training programs proposed by Philadelphia hospital operator Center City Healthcare received approval Friday when a Delaware bankruptcy judge said the plan would protect the interests of affected resident doctors as best it could.

  • July 19, 2019

    11 Firms To Guide 7 IPOs Exceeding $1.4B As July Stays Hot

    Eleven firms are set to guide eight initial public offerings estimated to raise more than $1.4 billion during the week of July 22, continuing a sizzling stretch on the IPO schedule highlighted by a Chinese sports marketing giant and a wide gamut of issuers.

  • July 19, 2019

    Excela Surgical Center Doesn't Get Hospital's Tax Exemption

    A Pennsylvania appeals court ruled Friday that an ambulatory surgical center owned by an Excela Health hospital in Westmoreland County did not qualify for an exemption from property taxes because it could not be considered a "hospital" in and of itself.

  • July 19, 2019

    Justice Stevens' Most Important Personal Injury Opinions

    The more than 1,000 opinions the late Justice John Paul Stevens authored during his three-plus decades on the U.S. Supreme Court included seminal rulings on punitive damages awards and maritime wrongful death cases. Here, Law360 looks back at a handful of opinions he wrote that have affected the personal injury bar and changed the way trial attorneys practice law.

  • July 19, 2019

    4 Arrested Over $10M Medicaid Fraud Via NYC Pharmacy

    A New York City pharmacy owner and three of her managers were arrested over a multifaceted scheme that included bribing customers to have their HIV drug prescriptions filled there and over $10 million in Medicaid fraud, the New York attorney general announced Friday.

  • July 19, 2019

    7th Circ. Affirms 5-Year Sentence For Chiropractor's Fraud

    The Seventh Circuit on Thursday upheld a five-year sentence for an Illinois chiropractor found guilty of health care fraud, saying he failed to show evidence of an error that could have gotten him a lighter sentencing recommendation.

  • July 19, 2019

    GSK Calls For Preemption Ruling In Zofran Birth Defect MDL

    GlaxoSmithKline has renewed its bid to end multidistrict litigation in Massachusetts federal court over claims it didn’t warn customers about alleged birth defects resulting from its anti-nausea medication, saying a recent Supreme Court ruling opens the way for the judge to rule the claims are preempted by federal law.

  • July 19, 2019

    NY Court OKs Hospital's Trial Win In Patient Death Suit

    A New York state appellate court has upheld a jury verdict in favor of a Hudson Valley hospital in a suit brought by the family of a deceased hip replacement patient, saying the trial came down to a battle of experts and the verdict was reasonable.

  • July 22, 2019

    Q&A With Skadden Mass Torts Leader John Beisner

    Skadden Arps Slate Meagher & Flom LLP's John Beisner — recently tapped by Bayer AG to advise the company on the ongoing litigation over its weedkiller Roundup — talked with Law360 about what changes he's seen in mass tort proceedings, his most challenging cases and his reflections on the passing of the late Justice John Paul Stevens.

  • July 19, 2019

    3 Cos. Raise $1B In IPOs Led By Peruvian Asset Manager

    A trio of companies, including a Latin American asset manager, made their public debuts Friday, hitting the market a day after pricing shares in initial public offerings that brought in a total of $1 billion.

  • July 18, 2019

    State AGs Urge FDA To Keep Exploring Cannabis Regulation

    Dozens of state attorneys general have told the U.S. Food and Drug Administration they support the agency’s recent push to regulate cannabis-derived products like cannabidiol, while asking it to ensure that the states maintain their roles as regulators as the market emerges.

  • July 18, 2019

    Texas Doc, Health Service Group Must Face Med Mal Suit

    A woman who sued a Texas physician and practice group for failing to diagnose a post-surgery vitamin deficiency that she claims caused her neurological problems will continue her suit after a state appeals court rejected the doctor’s appeal Thursday.

  • July 18, 2019

    Talc Left 'Fingerprint' In Ky. Travel Agent's Lungs, Jury Hears

    A Kentucky travel agent who died of mesothelioma had a signature mix of talc and asbestos in her lung tissue traceable to talcum powder, according to evidence presented Thursday in an unusual joint trial against manufacturers Johnson & Johnson and Colgate-Palmolive.

  • July 18, 2019

    Pfizer Wants Breast Cancer Drug MDL Consolidated In Del.

    Pfizer Inc. and its affiliates asked the U.S. Judicial Panel on Multidistrict Litigation Thursday to transfer a suit from West Virginia to Delaware, where 13 nearly identical federal complaints are pending that claim infringement of three drug patents central to a Pfizer breast cancer treatment.  

  • July 18, 2019

    2.2M Clinical Pathology Patients Added To AMCA Data Breach

    A Texas-based medical testing company has added itself to the list of companies swept up in debt billing collector American Medical Collection Agency's massive data breach, an incident that has already affected Quest Diagnostics Inc. and LabCorp.

Expert Analysis

  • 4 Things FTC Competition Bureau Looks For In White Papers

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    Most written advocacy to the Bureau of Competition is of an extremely high quality, but sometimes we notice that there’s some room for improvement, says Daniel Francis, an associate director at the Federal Trade Commission's Bureau of Competition.

  • Corporate Compliance Through The Lens Of Calif. Privacy Law

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    While businesses are preparing for the California Consumer Privacy Act they can pull from the U.S. Department of Justice's recent guidance on compliance programs to establish controls that not only protect consumer information, but also enhance overarching corporate compliance, say Robb Adkins and Shawn Obi at Winston & Strawn and Stephanie Douglas at Guidepost Solutions.

  • State Net

    A Look At How States Are Experimenting With Health Care

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    The fate of the Affordable Care Act is currently pending in federal court, but states are proceeding on the premise that the law will survive its latest legal challenge as they consider competing Democratic and Republican visions of health care, says Lou Cannon of State Net Capitol Journal.

  • 1st Circ. Takes A Bite Out Of Advertising Injury Coverage

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    The First Circuit's decision in Sterngold Dental v. HDI Global Insurance clarifies the treatment of the intellectual property exclusion to personal and advertising injury coverage under the standard commercial general liability form, bypassing the need to determine whether a trademark is an advertising idea, say Bryon Friedman and Robert Joyce of Littleton Park.

  • The Potential Effects Of Calif. Contractor Reclassification Bill

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    If enacted, California’s Assembly Bill 5 would codify the so-called ABC test for independent contractors established in the California Supreme Court's Dynamex decision. Notably, the bill goes beyond the scope of Dynamex and could have an extraordinary impact on the state's economy, say attorneys at Littler.

  • Remembering Justice Stevens As A Law Firm Leader

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    Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

  • Calif. Privacy Law's 3 Limited Exemptions For Health Cos.

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    So that health and life sciences companies can better determine whether the information they collect is subject to the California Consumer Privacy Act, Jason Linder and Libby Jelinek of Irell & Manella address the scope of certain CCPA exemptions and identify the main areas of ambiguity.

  • 5 Takeaways From DOJ Focus On Chinese Trade Secret Theft

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    Since its official announcement of the China Initiative eight months ago, the U.S. Department of Justice has publicized the initiation of six new cases that include references to both trade secrets and China. These shed some light on DOJ and U.S. business priorities, says Sara O’Connell at Pillsbury.

  • Data Analytics Decision Highlights Product Liability Questions

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    In Rodgers v. Laura & John Arnold Foundation, a New Jersey federal court recently held that a public safety assessment based on data analytics was speech rather than a product. The decision suggests that consumers led astray by analytics may want to consider remedies outside of product liability law, say Davis Walsh and Richard Beaulieu of McGuireWoods.

  • Answers To Key Legal Finance Ethics Questions

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    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

  • Tips For Avoiding Multistate HIPAA Data Breach Lawsuits

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    A recent settlement between Medical Informatics Engineering and 16 states appears to be the first state mass action based on purported Health Insurance Portability and Accountability Act violations. It signals increased state-level exposure for HIPAA data breaches and offers a useful compliance checklist for HIPAA-covered entities, say Saad Gul and Michael Slipsky of Poyner Spruill.

  • Federal Agencies Need A Uniform Record-Keeping Process

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    The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

  • New HRA Regulations Are Welcome, But Watch For Pitfalls

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    New regulations have expanded the use of health reimbursement accounts by allowing reimbursements for individual market insurance premiums. These new accounts bring potential for missteps under the Employee Retirement Income Security Act and the Affordable Care Act, say attorneys at Proskauer.

  • USPTO Guidance Changes Cannabis TM Filing Strategy

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    A narrow range of filings for trademark registrations covering cannabis goods or services is permitted under new U.S. Patent and Trademark Office guidelines, and cannabis-related business owners who could not previously receive federal trademark protection should now reassess their options for protecting their brands, says Daniel Lano of Dinsmore & Shohl.

  • The Role Of Dictionaries In Last Term's High Court Decisions

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    Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.