Health

  • November 15, 2019

    Sutter Health, Doctors To Pay Combined $46M Over Kickbacks

    California-based health care provider Sutter Health and a Sacramento surgical practice group have agreed to pay a combined $46 million to resolve whistleblower allegations the doctors received kickbacks in exchange for referring patients to Sutter, the U.S. Department of Justice announced Friday.

  • November 15, 2019

    White House Floats Price Transparency Rule For Health Plans

    The Trump administration proposed a rule Friday that would require health insurance plans to publicize their in-network and out-of-network rates and post cost-sharing information online by request.

  • November 15, 2019

    Health Clinic Wasn't Negligent In Treating Woman, Jury Says

    A Florida jury has cleared an OB-GYN clinic of a patient's claims that its doctors’ negligence let her ectopic pregnancy slip through the cracks, causing her to lose her only Fallopian tube.

  • November 15, 2019

    J&J's $572M Opioid Loss Cut To $465M As Judge Fixes Math

    An Oklahoma judge formally slashed Johnson & Johnson's $572 million defeat in the nation's first opioid-crisis trial to $465 million Friday after acknowledging an astonishing arithmetic error.

  • November 15, 2019

    Motley Rice's Joseph Rice On The Opioid MDL And More

    Motley Rice LLC’s Joseph Rice speaks to Law360 about the ongoing multidistrict litigation over the opioid crisis, which has resulted in settlements worth $260 million so far, as well as the changes in jury verdicts and the law he has seen over the years.

  • November 15, 2019

    Fla. Hospital Keeps Trial Win In Patient Sex Assault Case

    A Florida appeals court on Friday affirmed a defense verdict in a suit seeking to hold a hospital liable for a patient’s sexual assault, saying the trial judge didn’t err by excluding hospital records regarding past sexual assault incidents.

  • November 15, 2019

    Indivior Can't Duck Opioid Marketing Fraud Indictment

    Indivior can’t shed an indictment alleging it engaged in fraudulent opioid marketing just because prosecutors gave a grand jury evidence about a doctor’s unrelated fraud convictions, a Virginia federal judge has ruled, saying the company’s concerns about guilt by association were overstated.

  • November 15, 2019

    Oregon Court Blocks State Ban On Flavored Cannabis Vapes

    An Oregon appeals court blocked the state's temporary ban on flavored cannabis vaping products, about a month after it took similar action on a ban on flavored nicotine vaping products.

  • November 15, 2019

    Purdue Says Paying States' Costs Will Help Ch. 11 Estate

    Bankrupt drugmaker Purdue Pharma LP told a New York bankruptcy court Friday that its plan to pay the expenses of state governments participating in a settlement of claims related to Purdue’s role in the opioid epidemic is a sound exercise of its business judgment and is essential to the Chapter 11 case.

  • November 15, 2019

    Senate Bill Aims To Reduce Indian Medical Staffing Shortages

    Sens. Tom Udall, D-N.M., and Lisa Murkowski, R-Alaska, put forward legislation Friday that aims to address health care staffing shortages at the Indian Health Service by providing tax breaks for two education programs.

  • November 15, 2019

    5 Takeaways As DOJ Finds Footing In FCA Dismissal Crusade

    The U.S. Department of Justice's controversial crusade against disfavored False Claims Act suits appears to be on increasingly solid ground after a series of court decisions allowing the DOJ to end whistleblower FCA cases. Here, Law360 spotlights five key takeaways from the government's recent success.

  • November 15, 2019

    Retailers Can Split Claims In Loestrin Antitrust Trial

    A group of retailers that bought the hormonal birth control pill Loestrin will be allowed to split their claims from the rest of the direct purchaser class in the upcoming trial over whether two pharmaceutical companies worked together to keep generic versions of the pill off the market.

  • November 15, 2019

    FDA Rules For CBD Supplements Urgently Needed, Org Says

    The U.S. Food and Drug Administration should affirm that CBD is legal and develop rules for marketing dietary supplements that contain the newly legal but mostly unregulated chemical, a trade group told the agency in a letter on Thursday.

  • November 15, 2019

    Ariz. Tribe Hits IHS With $8.6M Contract Costs Suit

    The San Carlos Apache Tribe hit the Indian Health Service with a complaint in Arizona federal court Thursday, alleging the IHS failed to cover millions of dollars of costs and lost revenue stemming from the health care coverage the tribe provided under contract with the agency.

  • November 15, 2019

    11 Firms To Guide 6 IPOs Led By Florida REIT, Crypto Miner

    Eleven firms are set to steer six initial public offerings that could raise $616 million in the week of Nov. 18 — the market's last full week before the Thanksgiving break — led by a real estate investment trust, a cryptocurrency miner and two acquisition-hungry blank check companies.

  • November 15, 2019

    Cannabis Lobby Grows As Congress Mellows Out On Pot

    The cannabis industry is going big on lobbying this year, hoping to make strides toward resolving conflicting federal and state regulations it says are impeding the booming, multibillion-dollar legal retail cannabis market from growing like other American industries.

  • November 15, 2019

    Texas Justices Will Hear Bid To Pare Down $3.4M Injury Award

    A nursing facility in San Antonio will have a chance to convince the Texas Supreme Court that a $3.4 million medical malpractice judgment against it, already reduced from a jury’s $13.9 million award, should be lowered again because the trial court used the wrong formula to calculate how settlement credits should apply.

  • November 15, 2019

    Activists Illegally Recorded Planned Parenthood, Jury Says

    A California federal jury found Friday that anti-abortion activists led by David Daleiden violated state and federal laws when they surreptitiously recorded Planned Parenthood's clinics and abortion providers and then posted the video footage online, awarding the organization over $2 million in compensatory and punitive damages.

  • November 15, 2019

    Massachusetts Supreme Court Keeps Vape Ban In Place

    The Massachusetts Supreme Judicial Court on Thursday upheld a pair of lower court rulings that said the governor overstepped his authority in rolling out a ban on the sale of vaping products, but left the controversial measure in place as the legal fight continues.

  • November 15, 2019

    Senators Float Bill To Create Drug-Pricing Agency

    A bill introduced Friday by Sen. Cory Booker aims to form a federal agency that determines drug prices and empowers the U.S. Department of Health and Human Services to penalize companies that charge more by voiding patents or stripping their right to exclusively market a drug.

  • November 15, 2019

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Libya's sovereign wealth fund sue Credit Suisse amid a long-running bribery battle, retailer Sports Direct take on its former accountant Grant Thornton, and a host of underwriters file claims against a shipowner and its bank a month after winning a case over a fake pirate attack. Here, Law360 looks at those and other new claims in the U.K.

  • November 14, 2019

    Insys Alters Ch. 11 Plan After Claimant Deal Falls Through

    Bankrupt drugmaker Insys Therapeutics told a Delaware judge Thursday that it would be moving forward with an amended Chapter 11 plan of liquidation after it failed to reach consensus with all creditor parties on how the estate’s assets should be distributed.

  • November 14, 2019

    Health Care Ad Co. Ex-Executive Faces Fraud Claims

    A former health care advertising company executive faces parallel criminal charges and civil claims over a multi-pronged advertising fraud scheme targeting the company’s clients, federal prosecutors and regulators said Thursday.

  • November 14, 2019

    Pa. Docs Groups Back UPMC Over Med Mal Time-Limit Ruling

    A day after the University of Pittsburgh Medical Center urged the Pennsylvania high court to reconsider its recent ruling that found the state’s seven-year hard deadline for medical malpractice lawsuits to be unconstitutional, three doctors groups on Thursday chimed in to support UPMC’s bid.

  • November 14, 2019

    HHS Looking Into Google Health Data Project

    The U.S. Department of Health and Human Services said Thursday that it’s investigating Google’s collaboration with hospital giant Ascension, which purportedly allowed the powerful tech company to gather health data on millions of Americans.

Expert Analysis

  • Pretrial Defenses For Payors Facing Quasi-Contract Claims

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    As part of their business-collections strategy, noncontracted medical providers are increasingly using quasi-contract theories of recovery to sue payors. But before leaping to settlement, payors should consider the viability of certain defense strategies, say attorneys at Troutman Sanders.

  • The Coming Storm Of Biometric Privacy Laws: How To Comply

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    To respond to the rapidly evolving legal landscape, companies that incorporate biometric data into their business practices can take several steps to minimize the risk of privacy litigation exposure, say Jeffrey Rosenthal and David Oberly of Blank Rome.

  • The Coming Storm Of Biometric Privacy Laws: What To Expect

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    While there are only three state biometric privacy laws on the books, there is a growing trend of states' introducing biometric privacy bills, many of which feature far-reaching private right of action provisions that would substantially increase the level of regulatory and litigation risk, say Jeffrey Rosenthal and David Oberly of Blank Rome.

  • 4 Months After Kisor V. Wilkie, Auer Deference Survives

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    Recent federal appellate and district court rulings suggest that the predicted radical curtailing of Auer deference in the wake of the U.S. Supreme Court's decision in Kisor v. Wilkie has not come to fruition, say Jeffrey Karp and Edward Mahaffey at Sullivan & Worcester.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Genetic Testing Gold Rush Gives Rise To Fraud Allegations

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    As Medicare payments for genetic testing rise, recent federal indictments over related fraud schemes suggest that a crackdown is already underway, says Alexander Owens of Pietragallo Gordon.

  • Opinion

    Flavored Vape Ban In Wash. Won't Alleviate Lung Illness Crisis

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    The Washington state cannabis industry has to abide by emergency rules passed in response to a very real health crisis, but there is no evidence, nor have there even been claims, of a connection between flavored cannabis vapor products and the outbreak of lung illnesses, says Samuel Mendez of Lane Powell.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • Legislative Trends May Kill Texas Employer Cannabis Tests

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    Following recent legislative developments — such as a Texas law that expands patient access to medical marijuana and proposed amendments to the federal Controlled Substances Act — many Texas employers are questioning whether to continue cannabis testing because it has become somewhat problematic, says Stephen Roppolo at Fisher Phillips.

  • German Report May Be Road Map For Future AI Regulation

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    A recent report from Germany’s Data Ethics Commission suggests a legal future for artificial intelligence that may look a lot like the European Union’s General Data Protection Regulation — sweeping in scope, focused on individual rights and corporate accountability, and applicable across all industries, say attorneys at Debevoise.

  • Noteworthy Changes From FDA's Latest Software Guidance

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    The U.S. Food and Drug Administration's new software-related guidance is largely consistent with previous drafts, but makes a variety of technical changes and clarifications to the FDA’s interpretation of the 21st Century Cures Act exemptions for certain software functions, say attorneys at Akin Gump.

  • Bid Protest Spotlight: Jurisdiction, Standing, GAO Limits

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    In this month's bid protest roundup, Victoria Angle and Roke Iko at Morrison & Foerster look at three October decisions: The U.S. Court of Federal Claims considered its jurisdiction, the Federal Circuit looked at standing, and the U.S. Government Accountability Office clarified its scope of review over AbilityOne procurement protests.

  • Calif. Privacy Law Compliance Strategies For Health Care Cos.

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    To address the California Consumer Privacy Act’s two-part health care exception, which leaves large gaps of uncertainty for many next-generation health care companies, there are several compliance steps that can be used to assess the applicability of the CCPA, says Ryan Blaney of Proskauer.

  • Where A Litigator's Advice Can Improve Agreement Drafting

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    Transactional attorneys should consider consulting with litigation counsel when drafting certain contractual provisions — choice of law, choice of forum, attorney fees and others — that could come into play in a broad range of substantive disputes, says Adrienne Koch at Katsky Korins.

  • Opinion

    Pa. Balance Billing Law Would Hurt Access To Health Care

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    The Pennsylvania General Assembly's proposed legislation aiming to protect patients from balance billing would encourage insurers to cut emergency physicians out of their networks, driving down hospitals' reimbursements and jeopardizing patient care, says Richard Hamilton of Drexel University's College of Medicine.