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June 10, 2025
Ga. Justices Consider Tolling In Tongue Amputation Case
The Georgia Supreme Court on Tuesday considered whether the state's two-year statute of limitations applies to a lawsuit against Regency Hospital Co. and one of its nurses over claims that they neglected an allegedly incapacitated patient to the point that her tongue had to be amputated.
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June 10, 2025
States Sue To Block 23andMe From Selling DNA Data In Ch. 11
A bipartisan coalition of 28 attorneys general has sued 23andMe Inc. in Missouri bankruptcy court seeking to block the genetic-testing company from auctioning off its 15 million customers' personal genetic information without their explicit consent in its ongoing Chapter 11 proceeding.
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June 10, 2025
IT Co. Urges 1st Circ. To Affirm It's Blameless For Data Breach
An information security technology company urged the First Circuit on Tuesday to affirm that it isn't liable for a 2018 data breach that exposed confidential information of more than 277,000 of the medical device maker's patients, arguing that the insurer assignee of the device maker had no valid points.
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June 10, 2025
Amazon Can't Duck Suit Over Non-FDA Approved Supplements
Amazon must face a proposed class action alleging it sells non-FDA approved supplements touting health-related claims without mandatory disclaimers, after a Washington federal judge rejected the company's argument the plaintiffs lack standing to pursue claims over supplements they never bought, finding the plaintiffs allege a uniform, systematic marketing practice.
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June 10, 2025
Ala. Judge Orders Trans Health Org. To Publish Training Vids
In a case challenging Alabama's ban on gender-affirming care for youths, a federal judge this week ordered a trans health organization to publish video recordings of the group's conferences and a medical training course, after the group had sought to protect the content's confidentiality.
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June 10, 2025
9th Circ. Skeptical Oregon Hospital Merger Law Is Too Vague
A Ninth Circuit panel on Monday appeared skeptical of a hospital association's challenge to an Oregon law that grants a state agency broad power to block proposed healthcare consolidations to ensure equitable access to healthcare, with two of the three judges questioning whether federal law could limit the state's authority.
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June 10, 2025
Health Records Co. Looks To Toss Patient Data Access Case
PointClickCare is urging a Maryland federal court to toss a case seeking to force the medical records company to allow Real Time Medical Systems to access patient data with automated bots after the Fourth Circuit refused to lift an order requiring access while the case plays out.
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June 10, 2025
Healthcare, Tech-Focused SPAC Prices $220M IPO
Special purpose acquisition company Blue Water Acquisition Corp. III began trading on the Nasdaq on Tuesday after pricing its $220 million initial public offering.
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June 10, 2025
Pandemic Law Doesn't Protect Mich. Hospital In Bedsore Case
A Michigan appellate court has revived a lawsuit filed by the estate of an 88-year-old woman who died after developing a bedsore during the COVID-19 pandemic, finding that a state law shielding hospitals from pandemic liability didn't apply because the woman wasn't treated for the virus.
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June 10, 2025
3rd Circ. Upholds NFL Case Findings On Censured Atty
The Third Circuit on Tuesday affirmed a Pennsylvania federal judge's ruling that an attorney representing former NFL players seeking concussion litigation settlement proceeds made "material misrepresentations and omissions" concerning medical records during the claims process, for which he was censured by the lower court.
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June 09, 2025
Judge Rebukes Navy Vet's Counsel In VA Malpractice Trial
A Washington federal judge narrowed the scope of a Navy veteran's medical malpractice case against the federal government on Monday, chiding her counsel for trying to change a years-old expert opinion on the eve of a long-awaited bench trial and "wasting" time on unnecessary questioning.
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June 09, 2025
RFK Jr. Fires CDC's Entire 17-Member Vaccine Advisory Panel
The U.S. Department of Health and Human Services announced Monday that Secretary Robert F. Kennedy Jr. removed every member of the committee that provides advice and guidance on the use of vaccines to the Centers for Disease Control and Prevention, pledging to replace them with his preferred picks.
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June 09, 2025
Trump Orders Targeting DEI, LGBTQ+ Funding Partly Blocked
A California federal judge Monday blocked portions of President Donald Trump's executive orders targeting diversity and inclusion policies and programs serving the LGBTQ+ community, saying a group of nonprofits is likely to succeed in showing that stripping their federal funding violates their constitutional rights.
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June 09, 2025
Okla. Says High Court Shouldn't Skip 10th Circ. PBM Ruling
Oklahoma told the U.S. Supreme Court the federal government wrongly suggested that the justices bypass the state's challenge to a Tenth Circuit decision nullifying parts of a state law regulating pharmacy benefit managers, arguing Monday that the solicitor general doesn't recognize the magnitude of the issue.
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June 09, 2025
Veteran Appeals VA Discontinuation Of Trans Health Coverage
A transgender woman urged a veterans appeals court Monday to find that the Veterans Health Administration is wrongly refusing to refill her prescriptions for hormone therapy following a federal notice discontinuing gender-affirming care for veterans.
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June 09, 2025
Aetna Inks $3.4M Deal In Suit Over Cancer Treatment Denials
Aetna has agreed to pay at least $3.4 million to resolve a proposed class action claiming it shirked federal benefits law by mischaracterizing a proton beam cancer radiation treatment as experimental to deny claims, according to a Florida federal court filing.
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June 09, 2025
Doc Says WWE Accuser's Firm Ignored Defamation Suit
A celebrity doctor and his practice are seeking a default win in Connecticut federal court Monday against an allegedly nonresponsive law firm over comments a partner made amid a discovery dispute connected to the sexual abuse case a former World Wrestling Entertainment legal staffer is pursuing against the company and its co-founder.
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June 09, 2025
'Substantial' Fraud Risk Keeps PruittHealth Breach Suit Alive
A Georgia federal judge said Monday that he would allow a putative data breach class action against southeastern healthcare provider PruittHealth to go forward in part, ruling that a former employee plausibly claimed she faced the threat of identity theft even if it had not happened to her yet.
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June 09, 2025
Gov't Seeks $706M Penalty In FCA Case Against Omnicare, CVS
The government asked a New York federal judge to impose a collective $706 million in civil penalties on Omnicare Inc. and its parent, CVS Health Corp., after a jury found that they submitted millions of false billing claims for healthcare programs.
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June 09, 2025
2nd Circ. Nixes Doc's Power Of Atty Deal In Patient ERISA Suit
The Second Circuit ruled Monday that a doctor couldn't use a power-of-attorney arrangement to sue on behalf of a patient who said their union's health plan illegally stuck them with a $150,000 medical bill, but directed a trial court to determine if the patient can pursue the case.
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June 09, 2025
Sheppard Mullin Adds Perkins Coie IP Trio In DC, Chicago
Three Perkins Coie LLP intellectual property partners with deep experience representing clients in the pharmaceutical, biotechnology and related industries have jumped to Sheppard Mullin Richter & Hampton LLP.
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June 09, 2025
AI-Powered Cancer Diagnostics Firm Targets $400M IPO
Caris Life Sciences Inc., a developer of artificial-intelligence enhanced cancer diagnostic tests, on Monday launched plans for an estimated $400 million initial public offering, represented by Latham & Watkins LLP and underwriters counsel Cooley LLP.
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June 09, 2025
HI Gov. Eyes Veto Of Medical Pot Bill Over Privacy Concerns
Hawaii Gov. Josh Green has signaled that he intends to veto a bill modifying the state's medical marijuana program, saying that it would impinge the privacy rights of the Aloha State's medical cannabis patients.
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June 09, 2025
Rite Aid Gets Stay Of Appeals From Its Earlier Bankruptcy
The New Jersey bankruptcy judge overseeing Rite Aid's current insolvency case pressed pause Monday on appeals of orders he entered last year in the drugstore chain's previous Chapter 11.
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June 09, 2025
Boies Schiller Faces DQ Bid In Law Firms' Battle In Florida
Boies Schiller Flexner LLP and its attorney Sashi C. Bach are facing a disqualification bid in a Florida state court case between pharmaceutical mass tort firms and their former counsel, with the suing firms arguing that Boies Schiller cannot represent its co-defendants because of a conflict.
Expert Analysis
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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Opinion
High Court Must Acknowledge US History Of Anti-Trans Laws
Despite Justice Amy Coney Barrett's claim to the contrary during oral arguments in U.S. v. Skrmetti, U.S. governments at every level have systematically discriminated against transgender people, and the U.S. Supreme Court must consider this historical context in upcoming cases about transgender issues, says Paisley Currah at the City University of New York.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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The Fate Of Biden-Era Clinical Study Guidance Under Trump
Draft guidance about the study of sex and gender differences in medical product development issued by the outgoing Biden administration currently faces significant uncertainty and litigation potential due to the Trump administration's executive orders and other actions, say attorneys at Arnold & Porter.
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Biden-Era M&A Data Shows Continuity, Not Revolution
While the federal antitrust agencies under former President Joe Biden made broad claims about increasing merger enforcement activity, the data tells a different story, with key claims under Biden coming in at the lowest levels in decades, say attorneys at Covington.
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10 Issues To Watch In Aerospace And Defense Contracting
This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.
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Compliance Pointers For DOJ's Sweeping Data Security Rule
A new Justice Department rule broadly restricts many common data transactions with the goal of preventing access by countries of concern, and with an effective date of April 8, U.S. companies must quickly assess practices related to employee, customer and vendor data, says Sam Castic at Hintze Law.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal appellate court class certification decisions and identifies practice tips from cases involving breach of life insurance contracts, constitutional violations of inmates and more.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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Axed ALJ Removal Protections Mark Big Shift For NLRB
A D.C. federal court's recent decision in VHS Acquisition Subsidiary No. 7 v. National Labor Relations Board removed long-standing tenure protections for administrative law judges by finding they must be removable at will by the NLRB, marking a significant shift in the agency's ability to prosecute and adjudicate cases, say attorneys at Proskauer.
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11th Circ. TCPA Ruling Signals Erosion Of Judicial Deference
The U.S. Court of Appeals for the Eleventh Circuit recently came to the rescue of the lead generation industry, striking down new regulations that were set to go into effect on Jan. 27, a decision consistent with federal courts' recent willingness to review administrative decisions, say attorneys at Troutman.
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The Case For Compliance During The Trump Administration
Given the Trump administration’s shifting white collar enforcement priorities, C-suite executives may have the natural instinct to pare back compliance initiatives, but there are several good reasons for companies to at least stay the course on their compliance programs, if not enhance them, say attorneys at Riley Safer.
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Opinion
Undoing An American Ideal Of Fairness
President Donald Trump’s orders attacking birthright citizenship, civil rights education, and diversity, equity and inclusion programs threaten hard-won constitutional civil rights protections and decades of efforts to undo bias in the law — undermining what Chief Justice Earl Warren called "our American ideal of fairness," says Reuben Guttman at Guttman Buschner.
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Dispelling 10 Myths About Health Provider-Based Compliance
Congress appears intent on requiring hospitals to submit provider-based attestations for all off-campus outpatient hospital locations, so now is the time for hospitals to prepare for this change by understanding common misconceptions about provider-based status and proactively correct noncompliance, say attorneys at McDermott.