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Health

  • March 21, 2019

    Vt. Can Move Ahead With Opioid Suit Against Purdue Pharma

    Vermont’s attorney general’s office announced Thursday that it will continue its lawsuit against Purdue Pharma for the company’s alleged role in fueling opioid addiction in the Green Mountain State, after a state judge ruled against the OxyContin maker’s bid to kill the case.

  • March 21, 2019

    Omnicare's $20M Settlement With Investors Gets Initial OK

    A Kentucky federal court granted preliminary approval on Thursday to a settlement in which Omnicare Inc. agreed to pay $20 million to resolve a 13-year-old securities suit that at one point made its way to the U.S. Supreme Court.

  • March 21, 2019

    Whistleblower Doctor Trio Nabs $35M In FCA Kickback Sequel

    Three whistleblower doctors have helped secure a $35 million False Claims Act deal with a Maryland hospital chain accused of paying for patient referrals, the U.S. Department of Justice said Thursday, marking a sequel to an earlier kickback settlement sparked by the same trio.

  • March 21, 2019

    NJ Nurse Can't Duck Suit Over Fatal Allergic Reaction

    A nurse accused of failing to properly monitor a patient who died from an allergic reaction to a medication she administered can’t escape a malpractice suit solely because the man’s widow didn’t learn her name until late in the game, a New Jersey appellate court said Thursday.

  • March 21, 2019

    17 Alleged Misstatements Cut From Dr. Reddy’s Investor Suit

    A New Jersey federal judge told a pension fund on Wednesday that it only has standing to pursue securities claims against Dr. Reddy's for five alleged misstatements it made immediately prior to the fund's purchase of the pharmaceutical company's stock.

  • March 21, 2019

    Investor Wants Civitas Records To Probe $1.4B Sale

    A pension fund that invested in Civitas Solutions filed a complaint in Delaware Chancery Court on Thursday seeking access to records related to the health company’s $1.4 billion sale, saying the deal was seemingly inadequate and served as a needed quick cash-out for the company’s controlling private equity fund.

  • March 21, 2019

    What To Know About New FDA Commissioner Sharpless

    Career scientist and physician Dr. Norman Sharpless will leave his post as the head of the National Cancer Institute to take over the U.S. Food and Drug Administration when Scott Gottlieb steps down in April. Here’s what you should know about the new interim commissioner.

  • March 21, 2019

    Law360's Tort Report: Personal Injury & Med Mal News In Brief

    A plane crash that killed four partners in the same injury defense firm and proposed tort reform legislation in Kentucky lead Law360’s Tort Report this week, an occasional feature that compiles recent personal injury and medical malpractice news items that may have been missed.

  • March 21, 2019

    Sens. Seek Answers About Doctor-Owned Medical Suppliers

    Sens. Chuck Grassley, R-Iowa, and Ron Wyden, D-Ore., have sent a letter to agencies within the U.S. Department of Health and Human Services seeking answers on their efforts to monitor medical suppliers that are partly owned by the physicians whose practices they supply. 

  • March 21, 2019

    Ky. AG Wants Answers On Possible PBM Overcharges

    Kentucky's attorney general on Thursday announced that his office will take a hard look at whether pharmacy benefit managers have been charging commonwealth health insurance programs too high a price for prescription drugs, making it the latest agency to probe the PBM industry.

  • March 21, 2019

    1st Circ. Loss Dooms New Asacol Buyer Class, Allergan Says

    Allergan PLC said a group that claims the company's anti-competitive methods caused it to overpay for its ulcerative colitis drug should not get a second chance at class certification after the First Circuit knocked down its first attempt.

  • March 21, 2019

    $10M Buyout Sealed For Squeezed-Out Fla. Hospital Investors

    A Florida appeals court ruled in favor of three doctors who had bought an interest in a Miami hospital that later squeezed them out during a merger, affirming the award of $3.34 million each that they had requested instead of the $1.1 million they were each offered.

  • March 21, 2019

    Law360's Health Editorial Advisory Board

    Law360 is pleased to announce the formation of its 2019 Health Editorial Advisory Board.

  • March 20, 2019

    What’s In A Judgeship? More Than Meets The Eye

    Figuring out what constitutes a manageable workload for the nation’s district judges is no simple task. Getting the judiciary the resources it needs is even harder.

  • March 20, 2019

    Swamped: How Magistrate Judges Salvaged Louisiana's Judicial Crisis

    The Western District of Louisiana is supposed to have seven district judges. But for a year, most of the courthouses were operating without a single Article III judge. As usual, magistrate judges picked up the slack.

  • March 20, 2019

    Pointed Questions Suggest Longer FCA Time Limit Is Likely

    An extended time limit for False Claims Act cases where the government doesn't intervene, seemingly supported by the justices at arguments for a pending U.S. Supreme Court case, marks a significant potential expansion of already-high FCA-related risks and costs for federal contractors, attorneys said.

  • March 20, 2019

    NY Hospital Must Produce 'Audit Trail' In Amputation Suit

    A New York appeals court ordered a hospital to produce the “audit trail” from a patient’s electronic health records Wednesday in a suit that blames the hospital for the patient’s leg amputation, saying such requests are not subject to a higher discovery standard.

  • March 20, 2019

    Fla. Insurer Must Give Up Partial Provider List In Contract Spat

    A Florida appeals court ruled Wednesday that the winner of a contract to provide dental benefits for Florida’s health insurance program for children has to hand over some documents, including a list of its providers, to a public records request by a losing bidder but can keep secret a list of potential providers.

  • March 20, 2019

    Health Co. Can't Slip Insurer's Suit Over Med Mal Settlement

    A Pennsylvania federal judge has let an insurer proceed with its suit seeking to claw back its share of a settlement reached after a $19 million medical malpractice award against a regional health care provider, saying it’s possible the health system breached its policy by failing to keep the insurer updated on the trial.

  • March 20, 2019

    Dental Supply Co. Must Face Price-Fixing Suit, Investors Say

    A proposed class of Patterson Cos. Inc. investors has asked a Minnesota federal judge not to toss their suit accusing the dental supply company of working with competitors to fix dental supply prices, saying a Federal Trade Commission investigation gave them enough evidence to back up the case's claims.

Expert Analysis

  • Lenders Score Major High Court Victory In Foreclosure Case

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    The U.S. Supreme Court's unanimous ruling on Wednesday in Obduskey v. McCarthy & Holthus LLP removes nearly all activities taken by creditors seeking nonjudicial foreclosure of liens and mortgages from the ambit of the Fair Debt Collection Practices Act, says John Baxter of Nelson Mullins Riley & Scarborough LLP.

  • Trial Counsel's Role On A Mass Tort Virtual Law Team

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    Trial counsel’s contribution to the virtual law team throughout the life cycle of a mass tort litigation rests in the key skill of viewing the case through the eyes of the ultimate audience for the defense, the jury, say attorneys at Covington & Burling LLP and Faegre Baker Daniels LLP.

  • Tech Trends From SXSW Pose Unique Questions For Lawyers

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    These days, a popular theme in media is that lawyers' jobs will be taken by robots. However, based on the tech issues discussed at the South by Southwest technology conference in Austin, Texas, last month, robots may in fact need lawyers, says Nick Abrahams of Norton Rose Fulbright.

  • In Bar Admissions Process, It's Candor Or Bust

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    You passed the bar exam and are ready for the character and fitness committee interview. Time to think about how to discuss that minor incident in college, that misdemeanor in high school or that mental health issue that you have totally under control, says Richard Maltz of Frankfurt Kurnit Klein & Selz PC.

  • Off-Label Promotion Still A Litigation Risk For Pharma Cos.

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    In recent years, the U.S. Department of Justice has shown some reluctance to bring cases involving off-label promotion of pharmaceutical products, but this type of marketing remains the driving force behind many product liability and mass tort litigations, say Dae Lee and Jesse Dresser of Frier Levitt LLC.

  • Series

    Judging A Book: Bashant Reviews 'Doing Justice'

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    My initial reaction to "Doing Justice" was that author Preet Bharara may have bitten off more than he could chew — an accusation leveled against him when he served as U.S. attorney for the Southern District of New York — but I found the book full of helpful gems, says U.S. District Judge Cynthia Bashant of the Southern District of California.

  • Firms Can Leverage Communications When Economy Is Slow

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    Though most experts believe that an imminent recession is unlikely, slowdown fears are increasing. Now is the time for firms to consider how to best leverage their communications and marketing teams to lessen impacts from a potential economic slowdown, says Tom Orewyler of Tom Orewyler Communications LLC.

  • Why A Data Center Sale And Partial Leaseback Is A Win-Win

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    The sale and partial leaseback of older data centers is a clever way to right-size a company, and data center operators benefit from this structure as well because it guarantees them an instant anchor tenant, says Michael Rechtin Jr. of Seyfarth Shaw LLP.

  • 5 Excise Tax Tips For Tax-Exempt Employers

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    Two key deadlines are fast approaching for the new excise tax under Section 4960 of the Internal Revenue Code. Seth Safran at Proskauer Rose LLP explains five things tax-exempt employers should do to help ensure they are in compliance.

  • Ethical Social Media Marketing For Lawyers

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    Social media presents rich opportunities to reach prospective clients. Attorneys should not let those opportunities pass them by, but they should keep their ethical obligations in mind as they post, says Cort Sylvester of Nilan Johnson Lewis PA.