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Health

  • November 13, 2018

    Express Scripts, Pharmacy Drama Ends With Last-Minute Deal

    On the first day of trial for a whirlwind breach of contract case between HM Compounding Services LLC and Express Scripts Inc. that has involved attorneys running for the door and significant discovery misconduct, the outstanding claims quickly wrapped up and the parties told a Missouri federal judge Tuesday that they had settled the case.

  • November 13, 2018

    Gottlieb Says FDA Acted Slowly On Opioids

    The head of the U.S. Food and Drug Administration on Tuesday said that the agency in the past had been too slow to act on the opioid crisis and it now plans to look into developing guidelines for prescribing the drugs.

  • November 13, 2018

    Colo. High Court Must Decide Collateral Source Row: Walmart

    Walmart has asked the Colorado Supreme Court to weigh in on a ruling in a state slip-and-fall case that applied an exception to the collateral source rule to Medicare beneficiaries, a decision that the retail giant said could open Colorado businesses to increased liability and encourage medical providers to engage in fraud.

  • November 13, 2018

    Janssen 'Doublespeak' Fueled Opioid Crisis, NJ Suit Says

    Janssen Pharmaceuticals Inc. fanned the flames of the opioid crisis by using an elaborate campaign of deceptive marketing, including “doublespeak” that touted the company’s opioid painkillers as unlike most opioids, New Jersey alleged in a suit filed Tuesday.

  • November 13, 2018

    8th Circ. Backs Hospital In EEOC Religious Bias Appeal

    Workers denied religious accommodations can't automatically sue under a provision of federal law barring businesses from retaliating against workers who oppose discrimination, a split Eighth Circuit panel said Tuesday, declining to revive a U.S. Equal Employment Opportunity Commission suit.

  • November 13, 2018

    Justices Turn Away LabMD's Appeal In Tiversa Fraud Row

    The U.S. Supreme Court on Tuesday turned down an appeal from LabMD Inc., which had taken issue with the Eleventh Circuit blocking the company from implicating a Pepper Hamilton LLP lawyer for fraud in an underlying cybersecurity case because he wasn’t listed on the docket.

  • November 13, 2018

    Alaska Telecom Presses FCC For Review Of Subsidy Cut

    Alaskan telecommunications company GCI has asked the Federal Communications Commission to rethink a reduction in Rural Health Care Program subsidy payouts to the business, saying the commission slashed the rates without explaining its reasoning.

  • November 13, 2018

    Man Acquitted Of Conspiring On Bribery With Texas Lawmaker

    A man accused of conspiring with a now-convicted former Democratic Texas state senator to bribe a county official to secure a medical services contract at a prison has been cleared of wrongdoing by a federal jury.

  • November 13, 2018

    Ex-CEO Accused Of Tipping Oriole Reaches $1.5M SEC Deal

    The former CEO of a medical optics firm accused of passing insider information to a former Baltimore Orioles player reached a $1.5 million deal with the U.S. Securities and Exchange Commission, according to papers filed in California federal court Tuesday.

  • November 13, 2018

    Fla. Blue Cross Illegally Cornering ACA Market, Rival Says

    Blue Cross Blue Shield of Florida was hit with a suit on Tuesday claiming it has created an unlawful stranglehold on Affordable Care Act policies in the Sunshine State by having brokers agree not to carry policies from any other insurer.

  • November 13, 2018

    FDA Warns Stem Cell Co. On Marketing, Manufacturing

    The U.S. Food and Drug Administration on Tuesday announced it had sent a warning to StemGenex Biologic Laboratories LLC for marketing a purported stem cell product without federal approval and for deviating from good manufacturing practices in ways that could lead to the product’s contamination.

  • November 13, 2018

    Maryland Challenges Acting AG Whitaker's Appointment

    The state of Maryland on Tuesday challenged both the legality and the constitutionality of acting Attorney General Matthew Whitaker's controversial appointment in Maryland federal court, seeking to declare his mandate void in the state's lawsuit over the Affordable Care Act.

  • November 13, 2018

    High Court Won’t Hear $3M Disgorgement Challenge

    The U.S. Supreme Court said Tuesday it will not review a First Circuit ruling that an ex-CEO at a behavioral health company who supposedly pursued a merger out of self-interest must disgorge $3 million to shareholders, even though a Massachusetts federal jury initially found the investors weren’t financially harmed.

  • November 13, 2018

    High Court Won't Touch Honeywell Retiree Benefits Battle

    The U.S. Supreme Court said Tuesday it won't hear a group of retirees' challenge to a Sixth Circuit opinion that found Honeywell International Inc. didn't owe them lifetime health care benefits.

  • November 13, 2018

    Justices To Consider FCC Deference In Junk Fax Case

    The U.S. Supreme Court agreed Tuesday to consider how much deference to give the Federal Communications Commission’s view of what counts as an “advertisement” under the Telephone Consumer Protection Act, in a dispute that could impact the judiciary’s power to interpret agency rules.

  • November 12, 2018

    Veritas, Evergreen To Take Athenahealth Private For $5.7B

    Veritas Capital and Elliott Management affiliate Evergreen Coast Capital said Monday they will take Massachusetts-based Athenahealth private for $5.7 billion in cash, a deal that follows pressure from the activist hedge fund.

  • November 9, 2018

    Wisc. Agency Appeals In Trans State Workers' Coverage Suit

    A Wisconsin agency has appealed to the Seventh Circuit a ruling blocking the state from excluding gender-confirming medical care from state employees' health coverage and entering jury awards in favor of two transgender workers at the University of Wisconsin who were denied such care.

  • November 9, 2018

    8th Circ. Says Gov't Exempt From Army Priest Sex Abuse Suit

    The dismissal of a sexual abuse lawsuit against a U.S. Army hospital was upheld by the Eighth Circuit on Friday after it determined that the federal government is immune to claims that the hospital should have known of a priest’s history of sexual abuse allegations.

  • November 9, 2018

    $1.6M Deal Approved In OT Suit Against Home Health Agency

    A Pennsylvania federal judge has given a final stamp of approval to a $1.6 million deal to settle a class action claiming a home health care agency didn’t properly pay its workers for overtime.

  • November 9, 2018

    Vocational Students Not Workers Under FLSA, 10th Circ. Says

    The Tenth Circuit ruled Friday that massage therapy students at a for-profit vocational school don’t qualify as employees under the Fair Labor Standards Act, nixing their proposed class action over allegedly unpaid minimum wages for massages they performed as part of the training curriculum.

Expert Analysis

  • 3rd-Party Releases Bring Chapter 11 Venue Considerations

    Samuel Schwartz

    Courts are increasingly upholding involuntary releases of third parties and nondebtors in bankruptcy, including recently in the case of Millennium Lab Holdings. This means parties should consider several factors when picking a venue for a Chapter 11 filing, say Samuel Schwartz and Kristina Perez of Brownstein Hyatt Farber Schreck LLP.

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • Employee Nonsolicitation Terms Now Likely Void In California

    Dylan Wiseman

    In AMN Healthcare v. Aya Healthcare Services, a California appellate court recently held that employee nonsolicitation agreements are void unless they fall within one of three statutory exceptions, clearing up uncertainty about their enforceability in the state, say Dylan Wiseman and Alexandra Grayner at Buchalter PC.

  • Shaping Health Care In America Through M&A And Innovation

    Mark Goran

    Research conducted by our firm explores two different kinds of health care transactions, shedding light on why they are occurring and areas where we expect to see future deals proliferate, say Mark Goran and Michael Dolan of Polsinelli PC.

  • State Net

    How The States Fared In The Midterms

    Lou Cannon

    Lou Cannon, editorial adviser and columnist at LexisNexis State Net Capitol Journal, dissects the results of the governor’s races and state legislative chambers in the 2018 midterm elections.

  • A Post-Election Survey Of The Health Care Ecosystem

    Andrew Bab

    Health care featured prominently in the 2018 midterm election campaign. Here, attorneys with Debevoise & Plimpton LLP offer thoughts on what the election results and a divided Congress mean for different sectors of the health care industry.

  • Top 10 Snap Observations From The 2018 Midterm Elections

    Frank Donatelli

    The just-completed midterm elections could be called the “cafeteria midterms,” because there was something for everyone. The results offered both encouragement and warnings for Democrats and Republicans looking to 2020, says Frank Donatelli of McGuireWoods Consulting LLC.

  • What To Expect From New Democratic Investigation Efforts

    Reginald Brown

    The new Democratic House majority is expected to direct much of its attention to executive branch oversight and accountability. Companies and their legal counsel should be prepared for a dramatically changed collateral environment as investigations cover a wide range of topics, say attorneys at WilmerHale.

  • Q&A

    Back To School: Yale's Linda Greenhouse Talks Journalism

    Linda Greenhouse

    In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game and trends in journalism.

  • Opinion

    Celebrate Veterans By Improving Their Access To Justice

    Linda Klein

    Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.