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Health

  • May 17, 2019

    Esformes Seeks New Trial, Says Feds Violated His Rights

    Nursing home mogul and convicted fraudster Philip Esformes has urged a Florida federal judge to grant him a new trial, arguing that the prosecution infringed his due process rights by using hollow charges of Medicare violations to influence the jury with weeks of evidence about unhappy patients at his facilities.

  • May 17, 2019

    Texas Judge Backs Broad DOJ Authority To End FCA Suits

    A Texas federal judge on Thursday recommended the dismissal of False Claims Act suits accusing Eli Lilly and Bayer of providing kickbacks to doctors in the form of various assistance services, saying the U.S. Department of Justice has "virtually unfettered" dismissal authority in whistleblower FCA cases.

  • May 17, 2019

    JP Morgan Chase To Buy Medical Payments Co. InstaMed

    J.P. Morgan Chase announced on Friday its intention to purchase health care payments company InstaMed, which features a cloud-based payments platform, bolstering the bank’s investments in payment services and making inroads into the health care industry.

  • May 17, 2019

    IRS Can't Use Law To Force Health Plan Penalty Payment

    The Internal Revenue Service can’t use the Anti-Injunction Act to dodge an injunction preventing it from collecting payments from employers whose health plans fail to cover birth control, a North Dakota federal court has ruled.

  • May 17, 2019

    Military Medical Malpractice Legislation Gives Victims Hope

    A recently floated bill that would allow active-duty military members to sue the federal government for medical malpractice is an encouraging first step in providing justice for victims who are barred from filing such cases because of a 70-year-old U.S. Supreme Court precedent, experts said.

  • May 17, 2019

    No Delay For CVS-Aetna Deal Review

    The U.S. Department of Justice deal clearing the CVS-Aetna merger remains bound for review with live witness testimony in early June after a D.C. federal judge rejected CVS Health Corp.'s bid to delay the first-of-its-kind review by more than a month.

  • May 17, 2019

    House Passes Bill To Lower Drug Prices, Bolster ACA

    The U.S. House of Representatives passed legislation on Thursday that aims to lower prescription drug costs, including a bill that would ban pay-for-delay settlements to keep generic drugs off the market, as well as measures to strengthen the Affordable Care Act.

  • May 17, 2019

    How Supreme Court Conservatives Have Shaped The FCA

    The U.S. Supreme Court’s latest False Claims Act ruling didn’t just decide how much time whistleblowers have to launch fraud cases — it added to a long line of FCA opinions written by right-leaning justices, who have authored virtually all of the high court’s modern FCA precedent.

  • May 17, 2019

    Nurses Were Paid Hourly, Not On Salary, Texas Justices Say

    A Texas hospital never intended to pay four nursing supervisors an annual salary instead of an hourly wage, and therefore didn't short them on income, the state's highest court held Friday.

  • May 17, 2019

    American Researchers To Be Added To Nobel-Related Patents

    Two American scientists will be added to patents involved in Nobel Prize-winning cancer research, a Boston federal judge ruled Friday, handing a victory to the Dana-Farber Cancer Institute and Foley Hoag LLP.

  • May 17, 2019

    Dorsey & Whitney Adds Veteran Product Liability Litigator

    Dorsey & Whitney LLP has given its product liability practice a boost, bringing on a veteran litigator from Goodell DeVries as a partner in its New York office.

  • May 17, 2019

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

    This past week has seen a Kazakhstan lender file fraud claims against a dissolved London-based business, a Dubai airport security equipment company sue Barclays, and Yamaha's motorcycle business file claims against a German insurer. Here, Law360 looks at those and other new claims in the U.K.

  • May 17, 2019

    PE-Backed Avantor Nets $2.9B After Cutting IPO Price Range

    Shares of private equity-backed laboratory supplier Avantor, represented by Simpson Thacher, were expected to begin trading Friday after the company raised $2.9 billion in an initial public offering that priced at the bottom of its reduced range.

  • May 16, 2019

    Ala. Hospital, Doc Owe $30M After Gunshot Victim Waits, Dies

    A jury awarded $30 million Thursday to the family of an Alabama man who died while waiting in a hospital’s emergency department for a surgeon to show up and treat his gunshot wound, according to his family's lawyers.

  • May 16, 2019

    Trump Ditches New Negotiating Powers For Medicare Part D

    The Trump administration on Thursday abandoned extra leeway for Medicare Part D plans to negotiate prices for prescription drugs that treat serious diseases, dealing a setback to its blueprint for making drugs more affordable.

  • May 16, 2019

    CDC's HIV Prevention Patents Invalid, Gilead CEO Tells House

    Gilead believes that Centers for Disease Control and Prevention patents that went toward its blockbuster HIV prevention and treatment medication Truvada are invalid and can't be used to make the company lower the drug's cost, the company’s CEO told the U.S. House of Representatives on Thursday.

  • May 16, 2019

    Prison Health Giant Settles EEOC Disability Bias Suit For $1M

    A national prison health-care provider agreed Thursday to pay nearly $1 million to resolve a U.S. Equal Employment Opportunity Commission suit claiming the company refused to accommodate disabled employees and had a “medical termination” policy that axed anyone who exhausted a 30-day medical leave.

  • May 16, 2019

    United, Humana Say Classes Can't Carve Up Generic Awards

    United Healthcare and Humana want the Pennsylvania federal court overseeing sprawling multidistrict litigation over generic drug prices to refuse to grant an order that would set aside part of any money the health care companies might win for the main class.

  • May 16, 2019

    Blood Clot Drug Buyers Must Redo Class Cert. Bid

    Nashville's general hospital has one week to amend a proposed class of Lovenox buyers after a Tennessee federal judge rejected a last-minute tweak to the class definition in a lawsuit accusing Momenta and Sandoz of conspiring to monopolize the blood clot drug and its generic version.

  • May 16, 2019

    Hospital Giant Abandons FCA Case At Supreme Court

    Hospital chain Intermountain Healthcare has settled a high-profile case alleging unnecessary heart procedures, eliminating yet another opportunity for the U.S. Supreme Court to clarify how precisely False Claims Act suits must describe purportedly improper billing.

Expert Analysis

  • Opinion

    IRS Should Use Tax Law To Combat The Opioid Epidemic

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    The IRS, which enforces anti-trafficking tax laws against state-regulated cannabis businesses, should be fair and apply the same policy against pharmaceutical companies that illegally market their opioids, says Kat Allen at Wykowski Law.

  • Opinion

    FTC Must Tackle Anti-Competitive Drug Rebate Practices

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    The Federal Trade Commission is well-equipped to take action against the anti-competitive "rebate walls" that pharmaceutical manufacturers are structuring in order to block new innovative drugs from entering the market, says David Balto, a former policy director of the FTC's Bureau of Competition.

  • State Net

    Why States And Cities Are Concerned About Census Accuracy

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    The 2020 census will impact every state, city and county in the United States, because population is a major factor in how the federal government distributes funds. Despite apprehensions about an undercount, there are reasons for optimism about the accuracy of the census, says Lou Cannon of State Net Capitol Journal.

  • Inside The New FCA Cooperation Credit Guidelines

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    The recently issued U.S. Department of Justice cooperation credit guidelines provide False Claims Act litigators important information about factors the government considers before awarding cooperation credit or moving to intervene and dismiss a qui tam relator's suit, say attorneys at Cleary.

  • Q&A

    A Chat With Gilead Sciences Legal Ops Leader Gary Tully

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    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview legal industry leaders about the increasingly competitive business environment. Here, Rod Osborne talks with Gary Tully, head of legal operations at Gilead Sciences.

  • FDA Response To Cannabidiol Confusion Is Slow And Steady

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    The U.S. Food and Drug Administration's multipronged approach to assessing whether cannabidiol, commonly known as CBD, can be safely introduced into consumable products charts a path toward much-needed clarity, but the agency's upcoming hearing on the topic is unlikely to provide concrete guidance, say attorneys at Eversheds Sutherland.

  • Series

    Why I Became A Lawyer: Completing The Journey Home

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    My mother's connection to her Native American heritage had a major influence on my career — my decision to enter the legal profession was driven by the desire to return to my tribal community and help it in any way I could, says Jason Hauter of Akin Gump.

  • Opinion

    High Court Got It Right On FCA Time Limits

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    Monday’s 9-0 decision in Cochise Consultancy v. U.S. showed again that the U.S. Supreme Court isn't easily tempted to undermine the central purpose of the False Claims Act — holding fraudsters accountable when they pick the public’s pocket, says Scott Oswald of The Employment Law Group.

  • Series

    Judging A Book: Wood Reviews 'The Making Of A Justice'

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    Retired U.S. Supreme Court Justice John Paul Stevens' new book, "The Making of a Justice," is required reading for anyone interested in 20th and 21st century America, says Seventh Circuit Chief Judge Diane Wood.

  • 2nd Circ.'s Logical Take On 'Event-Driven' Securities Claims

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    The Second Circuit's recent opinion in Singh v. Cigna will not put an end to "event-driven" securities cases, which revolve around negative operational incidents. But it will likely increase the dismissal rate of such claims, and may deter weaker filings, say Adam Hakki and Agnès Dunogué of Shearman & Sterling.