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Health

  • September 21, 2018

    Labs Lose Challenge To 'Industry Crippling' Medicare Pay Cut

    A D.C. federal judge on Friday tossed a lab industry challenge to purportedly “industry crippling” cuts to Medicare reimbursement, finding that Congress prohibited court review of the disputed payment policy.

  • September 21, 2018

    Class Alleges Genworth Is Sinking Own Long-Term Care Unit

    Insurance holding company Genworth Financial was hit with a putative class action in Delaware Chancery Court on Friday by holders of long-term care policies from one of its subsidiaries, who allege that the parent company is sabotaging their benefits by fraudulently transferring the subsidiary’s assets to its other units.

  • September 21, 2018

    VA Overhauls Vet-Owned Small Biz Ownership Verification

    The U.S. Department of Veterans Affairs on Friday issued a rule overhauling its veteran-owned small business verification program, putting sole responsibility for verifying veteran ownership and control in the hands of the Small Business Administration.

  • September 21, 2018

    Former Rite Aid Ad Exec To Cop To $5.7M Kickback Scheme

    A former vice president for advertising at Rite Aid Inc. and one of the owners of an Atlanta-based marketing business have agreed to plead guilty to a $5.7 million kickback scheme, while the marketing business' co-owner told Law360 on Friday he will fight related charges.

  • September 21, 2018

    Alaska Gov. Rips Kavanaugh On Health, Labor, Native Issues

    Alaska Gov. Bill Walker and Lt. Gov. Byron Mallott said they oppose D.C. Circuit Judge Brett Kavanaugh’s nomination to the U.S. Supreme Court based on his legal stances on Native American tribes, health care and labor, and called for a “thorough review of past allegations” against him before a potential Senate vote on his confirmation.

  • September 21, 2018

    Employer, Insurer Can't Exit Ex-Worker's Trans Son's ACA Suit

    A Minnesota federal judge has refused to let HealthPartners Inc. and Essentia Health escape claims from the transgender son of a former Essentia nurse practitioner over a health plan he alleged excluded gender transition-related health services, but let the companies out of the mother’s claim.

  • September 21, 2018

    Athenex Gets FDA Compounding Policy Wrong, Amicus Says

    Compounder Athenex Pharma Solutions LLC is wrongly attempting to broaden a U.S. Food and Drug Administration policy governing bulk compounding, and its “gross misinterpretation” must be kept out of Par Pharmaceutical’s suit challenging that policy, an AmerisourceBergen Corp.-subsidiary has told a D.C. federal court.

  • September 21, 2018

    Health Care Network Wants Religious Exemption Suit Canned

    OSF HealthCare System urged an Illinois federal judge to toss a proposed class action accusing it of failing to properly fund its retirement plans while wrongly claiming a religious exemption in the Employee Retirement Income Security Act, arguing that the participants bringing the suit didn’t “meaningfully address” a relevant Tenth Circuit ruling.

  • September 21, 2018

    Health Hires: DLA Piper, Baker Donelson, Pharma GCs

    DLA Piper has brought in life sciences attorneys from Hogan Lovells and Vinson & Elkins LLP, Baker Donelson Bearman Caldwell & Berkowitz PC has boosted its health care group in Memphis, Tennessee, Aquestive Therapeutic has nabbed the head of Day Pitney LLP's life sciences group and Clearside Biomedical has hired an in-house veteran to lead its legal team.

  • September 21, 2018

    Calif. Insurance Law Applies To Single Violations, Panel Says

    A California appeals court has reversed an injunction stopping the state insurance commissioner from enforcing three provisions of the state's Unfair Insurance Practices Act, ruling that the act applies not only to long term unfair practices but also to singular violations.

  • September 21, 2018

    Medline Agrees On $5M Payment Over Pesticide Claims

    Illinois-based medical supply company Medline Industries Inc. struck an agreement with the U.S. Environmental Protection Agency to pay nearly $5 million over allegations that it distributed isopropyl wipes with claims it would kill germs without registering the product as a pesticide, as it should have been.

  • September 21, 2018

    Sterigenics Hid Cancer Risk Of Emissions, Ill. Residents Say

    Residents of a Chicago suburb have slapped sterilization company Sterigenics International Inc. and its private equity owner with a proposed class action in Illinois circuit court that claims the company has for decades knowingly emitted a highly carcinogenic chemical from a local facility without disclosing the risks.

  • September 21, 2018

    Va. Hospital Dodges Nigerian Doctor's Race Bias Claims

    A Virginia federal court on Thursday tossed a discrimination suit filed by a Nigerian doctor accusing his employer of retaliating against him based on his race and nationality, finding that the doctor, an H-1B visa recipient, had not plausibly alleged that the hospital mistreats its immigrant physicians in violation of civil rights laws.

  • September 20, 2018

    New MDL Needed For 'Opioid Babies,' Attys Say

    Attorneys for “opioid babies” whose mothers used prescription narcotics argued on Thursday for new multidistrict litigation focused on the infants, citing “grave concerns” that an existing MDL over the opioid crisis is woefully deficient.

  • September 20, 2018

    Blink-182 Drummer Sues Over Crash, Injury That Halted Gigs

    Blink-182 drummer Travis Barker filed a lawsuit Tuesday over two incidents this summer — a medical procedure and a car crash — that he says forced the band to cancel two reunion projects, a Las Vegas residency and an upcoming tour.

  • September 20, 2018

    Immigrants, Feds Face Off Over Mental Health Care Injunction

    A proposed class of immigrant parents who have been detained and separated from their children under Trump administration policy faced off with the federal government in California federal court on Thursday, debating whether an injunction can be imposed to ensure mental health care is provided to the families.

  • September 20, 2018

    Kaiser Unit Beats Part Of Ex-Worker's Bias Suit

    A Maryland federal judge on Thursday partially dismissed a bias suit alleging a Kaiser Permanente subsidiary illegally fired a worker who complained to the U.S. Equal Employment Opportunity Commission that his supervisor harassed him because of his gender.

  • September 20, 2018

    2nd Circuit Balks At Bid To Lower No-Fault Fraud Sentence

    The Second Circuit on Thursday expressed reluctance to force a federal judge in Brooklyn to rethink a prison sentence that was longer than prosecutors originally recommended for a man who admitted his role in a no-fault insurance scheme after cooperating with prosecutors to bring in his alleged co-conspirators.

  • September 20, 2018

    Data Breaches Caused No Harm, Health System Argues

    A 13-hospital health system has again urged a Wisconsin federal judge to toss a proposed class action stemming from two phishing attacks, arguing the plaintiffs haven’t raised a single example of traceable harm.

  • September 20, 2018

    Reality Show HIPAA Lapses Spawn $1M In Hospital Payouts

    A trio of prestigious Massachusetts hospitals will collectively pay almost $1 million to resolve allegations they flouted the Health Insurance Portability and Accountability Act by disclosing patient information during filming of an ABC documentary series, federal regulators announced Thursday.

Expert Analysis

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.

  • Telemedicine — The Next Frontier For DOJ Scrutiny?

    andre.jpg

    CVS is the first major drugstore company to offer customers the option to use their smartphone to “see” a doctor. With the U.S. Department of Justice affording more resources to health care fraud prosecutions, telemedicine services are certain to attract the scrutiny of investigators, say Lionel André and Michelle Bradford of Murphy & McGonigle PC.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • 2 Important Takeaways From 7th Circ.'s FHA Ruling

    Jeffrey Rosenberg

    In Wetzel v. Glen St. Andrew, the Seventh Circuit recently held that landlords can be held liable under the Fair Housing Act if they are aware of discriminatory harassment toward their tenants and do nothing to stop it. Just as importantly, the court recognized that the FHA prohibits discrimination based on sexual orientation, say attorneys at the Law Office of Yuriy Moshes PC.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Congressional Forecast: September

    Layth Elhassani

    The House and Senate are entering their respective final runs before the November midterm elections. The most pressing items of business are funding the government and the pending Senate confirmation of Brett Kavanaugh to the U.S. Supreme Court. But several lower-profile issues remain as well — including a Republican push for further tax reform, says Layth Elhassani of Covington & Burling LLP.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • Lessons From 5th Circ. Mother-Son Health Care Fraud Case

    Mario Nguyen

    While a lack of intent is a common defense to the prosecution of high-level health care administrators, the Fifth Circuit's decision affirming the convictions of psychologist Rodney Hesson and his mother, Gertrude Parker, shows that there is more than one backdoor for the government to meet its burden, says Mario Nguyen of Locke Lord LLP.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.