Health

  • June 29, 2022

    The State Of Abortion Legal Challenges Around The US

    Since the U.S. Supreme Court reversed Roe v. Wade last week with its landmark decision in Dobbs v. Jackson Women’s Health Organization, restrictive state abortion bans have seen a wave of legal challenges. Here’s what’s happened in courthouses across the U.S. post-Dobbs.

  • June 29, 2022

    Rising Star: Morgan Lewis' Jacob Harper

    Jacob Harper of Morgan Lewis & Bockius LLP represented genetic testing company 23andMe as it bought telehealth business Lemonaid Health Inc. in a $400 million cash-and-stock deal, earning him a spot among the health care practitioners under age 40 honored by Law360 as Rising Stars.

  • June 29, 2022

    Ohio Abortion Clinics Turn To State High Court After Dobbs

    Abortion clinics on Wednesday asked Ohio's highest court to declare that a law in effect that bans most abortions violates the state's constitution, a legal strategy they see as a new path forward following the U.S. Supreme Court's decision to overturn Roe v. Wade.

  • June 28, 2022

    Texas AG Investigates Walmart's Opioid Sales Practices

    Texas Attorney General Ken Paxton on Tuesday said his office is investigating Walmart for potential violations of the state's Deceptive Trade Practices Act in the retail giant's sales of prescription opioids.

  • June 28, 2022

    High Court's CSA Decree Augurs Opioid Upheaval For DOJ

    The U.S. Supreme Court's demand for a rock-solid showing of intentional impropriety when federal opioid prosecutors target pills-for-profits schemes under the Controlled Substances Act will send the U.S. Department of Justice scrambling to salvage its less sensational suits, attorneys say.

  • June 28, 2022

    Flint Jury To Hear From Ex-Gov. After Court Quashes Charges

    A Flint jury will hear recorded testimony from former Michigan Gov. Rick Snyder on Wednesday in a civil trial over the Flint water crisis, following the Michigan Supreme Court overturning indictments against three state officials Tuesday.

  • June 28, 2022

    6th Circ. Lifts Block On Tenn. Abortion Restriction

    The Sixth Circuit gave Tennessee the green light Tuesday to enforce a law that bars abortions after six weeks, citing the U.S. Supreme Court's recent decision that overturned Roe v. Wade.

  • June 28, 2022

    8th Circ. Rejects Hotel Operator's Virus Coverage Appeal

    The Eighth Circuit refused to revive a hotel and restaurant operator's COVID-19 business interruption insurance suit against Continental Casualty Co. on Tuesday, finding the company did not show any covered physical loss or damage.

  • June 28, 2022

    11th Circ. Upholds VA's Defeat Of Doctor's Age Bias Suit

    The Eleventh Circuit said Tuesday it won't reopen a doctor's suit alleging that he didn't receive a position with the U.S. Department of Veterans Affairs because of his age, gender and prior employment dispute, ruling he hadn't demonstrated these factors played a part in the VA's decision.

  • June 28, 2022

    ITC Judge Says Apple Infringed Rival's ECG Wristband

    A U.S. International Trade Commission judge has determined that Apple has infringed two patents covering medical device maker AliveCor's wristband device for measuring irregular heartbeats.

  • June 28, 2022

    Neb. Tells 8th Circ. Right To Vote Doesn't Cover Initiatives

    The Nebraska Secretary of State told the Eighth Circuit on Monday that the federally protected right to vote does not extend to state citizens' efforts to put initiatives on the ballot.

  • June 28, 2022

    Becerra Says 'All Options Are On The Table' After Dobbs

    U.S. Health and Human Services Secretary Xavier Becerra said Tuesday that the agency will do everything it can within the confines of federal law to ensure that women continue to have access to safe abortion care after the U.S. Supreme Court erased the constitutional right to it.

  • June 28, 2022

    Daikin Can't Take Bid To End PFAS Claims To Ga. Justices

    A Georgia federal judge has rejected Daikin America Inc.'s bid to ask the state's Supreme Court or the Eleventh Circuit to weigh in on whether it and other manufacturers of per- and polyfluoroalkyl substances could be held liable for water pollution in Georgia.

  • June 28, 2022

    Policyholder Hopes Tested In Virus Case At Wash. High Court

    Washington’s top court seemed skeptical Tuesday that a pediatric dental practice’s slowdown of operations during the COVID-19 pandemic is tantamount to a loss caused by fire or rain requiring closure for repairs, in the court’s first in-person oral arguments held in over two years since the pandemic’s start.

  • June 28, 2022

    Ambulance Co. Must Face Death Claim Over Paraplegic's Fall

    An ambulance company can't evade claims it caused the death of a paraplegic man after he fell from one of its stretchers, a Georgia appeals court panel has ruled, saying the wrongful death claims aren't time-barred because they piggyback on negligence claims already filed.

  • June 28, 2022

    Paul Weiss, MoFo, 22 Other Firms Staff NY Abortion Hotline

    Two dozen BigLaw firms, including Paul Weiss Rifkind Wharton & Garrison LLP, Akin Gump Strauss Hauer & Feld LLP and Cleary Gottlieb Steen & Hamilton LLP, have signed on to help with an abortion hotline, offering legal guidance to anyone seeking access to or seeking to provide abortions in New York.

  • June 28, 2022

    Pot Retailer Hit With Overtime Suit

    A marijuana retailer violated the Fair Labor Standards Act by failing to pay an employee overtime for tasks like responding to work inquiries after hours, the worker said in a lawsuit filed in Florida federal court.

  • June 28, 2022

    7th Circ. Won't Revive Antitrust Suit Against Radiology Board

    A Seventh Circuit panel on Tuesday affirmed the dismissal of an antitrust suit against the American Board of Radiology, saying the lead plaintiff "has fallen short" in showing the group illegally tied its initial board certification for radiologists to a continuous certification program some physicians would rather buy elsewhere.

  • June 28, 2022

    Benefits Cases To Watch In The 2nd Half Of 2022

    In the second half of the year, benefits attorneys will be keeping a close eye not only on legal battles hinging on familiar themes such as class certification and preemption, but also cases dealing with emerging issues such as cybersecurity and cryptocurrency.

  • June 28, 2022

    Rising Star: Kirkland's Jordan Cohen

    Jordan Cohen of Kirkland & Ellis LLP helped Nordic Capital acquire a health care data software provider for $7.3 billion and advised KKR's majority acquisition of an electronic health record software company, earning him a spot among the health care law practitioners under age 40 honored by Law360 as Rising Stars.

  • June 28, 2022

    Texas Judge Freezes Enforcement Of Pre-Roe Abortion Ban

    A Texas judge on Tuesday temporarily blocked the state from enforcing a nearly century-old ban on abortion that was deemed unconstitutional in the now-overturned Roe v. Wade decision.

  • June 27, 2022

    As Opioid Trial Ends, Judge Jokes Of 'Generous' Time Limits

    A San Francisco federal judge who put strict time limits on a bellwether bench trial in multidistrict opioid litigation noted Monday that both sides wrapped up their cases within their allotted 45 hours, prompting him to wonder to courtroom chuckles if he "was just too generous."

  • June 27, 2022

    Illinois To Become Abortion 'Oasis' In Wake Of Dobbs Ruling

    Abortion providers and officials in Illinois are preparing for potential interstate conflict and litigation as they expect a flood of patients to cross the state's borders following Friday's U.S. Supreme Court decision overturning Roe v. Wade that could clear the way for every surrounding state to outlaw the procedure.

  • June 27, 2022

    Opioid Distributors Cut $250M Deal With Holdout Okla. AG

    McKesson, Cardinal and AmerisourceBergen have agreed to pay $250 million to resolve Oklahoma Attorney General John O'Connor's claims the opioid distributors fueled the Sooner State's opioid crisis — months after O'Connor rejected a nationwide deal that he claimed would have short-changed Oklahomans, according to a statement Monday from O'Connor.

  • June 27, 2022

    NC Health Agency Says Regulatory Actions Can't Be Torts

    North Carolina's health department urged the state's Supreme Court to throw out an assisted living center's lawsuit accusing it of imposing harsh penalties following an allegedly botched investigation, arguing that regulatory actions taken by a state agency can't be considered torts.

Expert Analysis

  • 2nd Circ. Ruling Highlights ERISA Determination Deadlines

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    As seen in the Second Circuit’s recent McQuillin v. Hartford decision, the deadlines for deciding Employee Retirement Income Security Act claims and appeals have teeth, and there are consequences when a plan administrator fails to comply, says Mark DeBofsky at DeBofsky Sherman.

  • What's At Stake In Justices' FCA Qui Tam Dismissal Review

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    The Supreme Court's decision next term in U.S. v. Executive Health Resources could hold that the government cannot dismiss a qui tam action in which it initially declined intervention, which would mean the government must expend more resources vetting False Claims Act cases and give relators free rein as prosecutors of their cases, say attorneys at Ropes & Gray.

  • Opinion

    Justices Should Resolve FCA Cases' Rule 9(b) Circuit Split

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    The U.S. Supreme Court should agree to hear three related False Claims Act cases and resolve the circuit split over the level of detail Rule 9(b) requires in qui tam complaints, or the viability of such actions will increasingly depend on where they are filed, say Kenneth Abell and Katherine Kulkarni at Abell Eskew.

  • Dobbs Ruling Creates Compliance Dilemmas For Hospitals

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    Following the U.S. Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, hospitals in states with sweeping abortion prohibitions may struggle to reconcile state and federal legal regimes, including the Emergency Medical Treatment and Labor Act, say attorneys at Dentons.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • Employer Abortion Policy Considerations In A Post-Roe World

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    Restricted abortion access in many states after the U.S. Supreme Court’s expected reversal of Roe v. Wade may cause corporate recruitment and retention concerns, but before implementing policies that help employees access reproductive care, employers should consider their workforce’s values, legal risks and potential political backlash, says Meredith Kirshenbaum at Goldberg Kohn.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • Potential Next Steps For DOJ's COVID-19 Fraud Enforcement

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    Although the U.S. Department of Justice's COVID-19 fraud enforcement has so far focused on individuals and entities blatantly abusing pandemic assistance funds, health care and life sciences companies should assess their compliance programs as the DOJ will likely turn to larger-dollar activity at the organization level soon, say attorneys at Morgan Lewis.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • Arbitration Rulings Suggest Courts Need More Info On ERISA

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    A Colorado federal court's recent Federal Arbitration Act decision in Harrison v. Envision is the latest example of a court not considering important extrastatutory materials that are key to interpreting ERISA and casts significant doubt on whether courts have been interpreting ERISA properly in arbitration cases, says Rick Pearl at Faegre Drinker.

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • Why Medical Product Cos. Must Watch Dobbs Decision

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    The U.S Supreme Court's pending Dobbs v. Jackson Women's Health decision, which may reverse Roe v. Wade, could cause a broad range of medical product companies to become targets for civil or even criminal litigation, says Eric Alexander at Reed Smith.

  • Vet Clinic FTC Settlement Puts Private Equity On Notice

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    Prior approval and prior notice requirements in the Federal Trade Commission's settlement for a $1.1 billion merger of veterinary clinics illustrate the majority-Democratic commission's skepticism over private equity's general business model, say Bruce Sokler and Tinny Song at Mintz.

  • Avoiding Endless Liability From 'Take Home' COVID Claims

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    The Ninth Circuit’s recent certification in Kuciemba v. Victory Woodworks is the latest in a series of cases exploring whether companies can be sued when a third party contracts COVID-19 from an employee’s workplace exposure — and employers will need to take certain steps to avoid seemingly boundless chains of liability, say Karen Wentzel and Cristen Hintze at Squire Patton.

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