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December 01, 2025
Judge Upholds Mich. MedMal Cap, Cuts $8.5M Verdict
A Michigan federal judge has slashed the $8.5 million a jury awarded to the estate of a cancer patient suing over his doctor's treatment decisions to about $615,000, ruling that a state law limiting noneconomic damages in medical malpractice cases is constitutional.
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December 01, 2025
Meet The Attys Arguing Gov't Subpoena Power At High Court
Law360 introduces the lawyers appearing at the U.S. Supreme Court on Tuesday in a case focused on an anti-abortion crisis center and a state attorney general's attempt to subpoena details on its donors.
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December 01, 2025
Nurses Collective, Class In OT Row Can Proceed
Nurses who accused an insurer of misclassifying them as overtime-exempt can keep their collective in place and proceed as a class, a North Carolina federal judge said in an order entered Monday, keeping in place a magistrate judge's recommendation.
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November 26, 2025
Health Plans Defend Renewed Biogen MS Drug Scheme Suit
Health plans claiming Biogen Inc. illegally stifled competition for its multiple sclerosis drug Tecfidera have said an Illinois federal judge should let their latest complaint proceed to discovery because it fixes earlier pleading deficiencies and better outlines the drugmaker's allegedly anticompetitive scheme.
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November 26, 2025
Up Next At High Court: ISP Liability & State Subpoena Suits
The U.S. Supreme Court will return Monday for the first week of its December oral argument session, during which the justices will consider whether internet service providers can be held liable for contributing to their customers' infringing activity online and whether the subjects of state subpoenas are required to first challenge them in state court.
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November 26, 2025
USPTO, DOJ Tell ITC To Limit Exceptions In Netlist Case
The U.S. Patent and Trademark Office has joined the U.S. Department of Justice's Antitrust Division to urge the U.S. International Trade Commission to keep exceptions to its exclusion orders narrow, making the statement in Netlist's case accusing Google and Samsung of infringing its computer memory technology patents.
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November 26, 2025
Avantor Sued Over Supply Chain Issues After $6.4B Deal
Investors have accused executives at Pennsylvania-based laboratory supplier Avantor Inc. of falsely inflating the company's stock value by continually touting the value of its $6.4 billion merger with a major distributor in 2017, even as its failures to maintain its supply chain mounted, according to a proposed class action filed Tuesday in federal court.
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November 26, 2025
Yale Healthcare Workers Lose COVID Vaccine Mandate Suit
A Connecticut federal judge has again thrown out a complaint brought by several current and former Yale New Haven Health Services Corp. workers, who alleged the healthcare system's COVID-19 vaccine mandate violated their constitutional rights, finding they "have failed to plausibly allege sufficient facts that YNHHS acted under color of state law."
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November 26, 2025
Nurse For App-Based Health Co. Can't Revive Retaliation Suit
A Washington appeals court refused to revive a nurse's suit claiming she was fired from an app-based medical provider for complaining that it underpaid and overworked independent contractors, ruling she failed to show her termination was because of her concerns rather than reports that she was unprofessional.
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November 26, 2025
Abbott Accused Of Miscalculating Workers' Overtime
Abbott Laboratories miscalculated employees' overtime by failing to include periodic award pay in the regular rate of pay when they worked more than 40 hours per week, a former employee said in a proposed collective action in Illinois federal court.
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November 26, 2025
6 December Argument Sessions Benefits Attys Should Watch
Workers who say Prudential mismanaged their retirement savings will ask the Third Circuit to reinstate their class action, while a union pension fund will ask the Eighth Circuit to put General Electric back on the hook for a $230 million in pension withdrawal liability. Here's a look at six upcoming oral argument sessions benefits attorneys should have on their radar.
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November 25, 2025
Kaiser Cleared To Pay $46M For Sharing Data With Tech Cos.
A California federal judge granted preliminary approval Tuesday to a settlement of at least $46 million from three Kaiser Permanente entities to resolve claims by 13.1 million patients across the country who say it disclosed their information to Google, Microsoft, Twitter and other third parties without consent.
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November 25, 2025
UnitedHealth Gets OptumRx Antitrust Suit Sent To Arbitration
A group of independent pharmacies must arbitrate their proposed class claims that UnitedHealth-owned OptumRx gatekeeps its network of Medicare prescription patients by imposing unfair fees, a Washington federal judge said Tuesday, concluding the pharmacies haven't shown the arbitration clauses in question are unenforceable.
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November 25, 2025
Medical AI Co. Accused Of 'Smear Campaign' Against Rivals
Two rivals of medical artificial intelligence platform OpenEvidence have told a Massachusetts federal judge the startup has used the courts in a campaign of "deceit, harassment and defamation" against competitors.
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November 25, 2025
New Complaint Says Ex-Execs Turned Steward Into 'Zombie'
Bankrupt hospital operator Steward Health has filed hundreds of millions in new claims in Texas bankruptcy court against its former CEO and other executives, including allegations that they orchestrated a sale-leaseback deal that rendered the business an insolvent "zombie."
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November 25, 2025
Ariz. Court Partially Reinstates Banner Health Death Suit
An Arizona appellate court has revived a wrongful death suit accusing a Banner Health hospital and a physician of causing a patient's death from drug complications, saying the statute of limitations didn't begin running until the plaintiff received the relevant medical records.
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November 25, 2025
Healthcare Software Founders Sue In Del. For Sale Details
A couple who sold their healthcare software business to an interest of Elevate RCM Holdings LLC before the buyer allegedly resold it for a reported $1 billion sued for company records in Delaware's Court of Chancery late Monday, seeking documents needed to confirm the deal's fairness.
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November 25, 2025
Court Rejects Cherokee Entity's Push To End Bias Dispute
A Missouri federal court judge won't reconsider an order that denied a bid by a Cherokee Nation entity to dismiss a discrimination claim lodged last year by a former employee, saying it failed to show why a second chance is warranted.
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November 25, 2025
4th Circ. OKs Fees In Health Co. Workers' OT Suit
A healthcare company must pay $410,000 in attorney fees and costs in overtime suits filed by nearly a dozen former employees, the Fourth Circuit ruled Tuesday, upholding a lower court's calculations after initially rejecting them.
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November 25, 2025
Jefferson Health Sued Over Handling Of 'Mass Layoff'
Thomas Jefferson University's healthcare division has been hit with a proposed class action alleging the institution violated the Worker Adjustment and Retraining Notification Act when it recently laid off over 500 workers.
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November 25, 2025
Mich. Pharmacist Gets 46 Months For $4M Fraud Scheme
A former Michigan pharmacist who pled guilty to orchestrating a $4 million Medicare scam was sentenced by a federal judge to 46 months in prison and ordered to pay restitution and forfeit property as part of a plea deal, the U.S. Department of Justice announced.
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November 25, 2025
Acadia Healthcare Investors Seek First OK For $179M Deal
Acadia Healthcare Co. Inc. investors asked a Tennessee federal judge to grant the first green light to a $179 million settlement in a class action alleging the company misled them about the strength of its U.K. operations.
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November 25, 2025
NJ Hospital Fired Doc In Bid 'To Get Younger,' Suit Says
A New Jersey physician who worked in the neonatal intensive care unit at Hackensack University Medical Center was fired because of his age, according to a complaint filed this week in New Jersey state court.
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November 25, 2025
Health System Can't Dodge Worker's Time-Rounding Claims
An Ohio county health system can avoid a nursing assistant's claim that it failed to pay semimonthly wages on time, but she can continue pursuing her claims that the company illegally rounded down workers' time, a federal judge ruled.
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November 24, 2025
9th Circ. Clarifies FTC's Sanction Power In Backing $7M Win
The Ninth Circuit affirmed Monday a $7.3 million compensatory sanction and asset-freeze injunction against executives behind the "Success By Health" pyramid scheme, rejecting their argument, among others, that the justices' AMG v. FTC ruling requires the Federal Trade Commission to hold administrative proceedings before suing over rule violations.
Expert Analysis
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Navigating DEA Quotas: Key To Psychedelics Industry Growth
As new compounds like DOI enter the Schedule I landscape, manufacturers who anticipate U.S. Drug Enforcement Administration quota regulations, and build quota management into their broader strategy, will be best equipped to meet the growing demand, say Kimberly Chew at Husch Blackwell and Jaime Dwight at Promega.
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Federal Acquisition Rules Get Measured Makeover
The Trump administration's promised overhaul of the Federal Acquisition Regulation is not a revolution in rules, but a meaningful recalibration of procurement practice that gives contracting officers more space to think, to tailor and to try, say attorneys at Mayer Brown.
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Series
Mindfulness Meditation Makes Me A Better Lawyer
Mindful meditation enables me to drop the ego, and in helping me to keep sight of what’s important, permits me to learn from the other side and become a reliable counselor, says Roy Wyman at Bass Berry.
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Lessons From 7th Circ. Decision Affirming $183M FCA Verdict
The Seventh Circuit's decision to uphold a $183 million False Claims Act award against Eli Lilly engages substantively with recurring materiality and scienter questions and provides insights into appellate review of complex trial court judgments, say Ellen London at London & Naor, Li Yu at Bernstein Litowitz and Kimberly Friday at Osborn Maledon.
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AI Litigation Tools Can Enhance Case Assessment, Strategy
Civil litigators can use artificial intelligence tools to strengthen case assessment and aid in early strategy development, as long as they address the risks and ethical considerations that accompany these uses, say attorneys at Barnes & Thornburg.
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Attys Beware: Generative AI Can Also Hallucinate Metadata
In addition to the well-known problem of AI-generated hallucinations in legal documents, AI tools can also hallucinate metadata — threatening the integrity of discovery, the reliability of evidence and the ability to definitively identify the provenance of electronic documents, say attorneys at Law & Forensics.
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Calif. Justices Continued Anti-Arbitration Trend This Term
In the 2024-2025 term, the California Supreme Court justices continued to narrow arbitration's reach under state law, despite state courts' extreme caseload backlog and even as they embraced contractual autonomy in other contexts, says Josephine Petrick at The Norton Law Firm.
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Steps For Healthcare Providers After Cigna ERISA Settlement
Following the Cigna class action's settlement, where Employee Retirement Income Security Act violations arose from Cigna's online provider directory advertising providers as in-network who were actually out-of-network, providers should routinely audit their contract status and directory listings, and proactively coordinate with plans and payor partners, say attorneys at ArentFox Schiff.
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DOJ's UnitedHealth Settlement Highlights New Remedies Tack
The use of divestitures and Hart-Scott-Rodino Act compliance in the recent U.S. Department of Justice settlement with UnitedHealth Group and Amedisys underscores the DOJ Antitrust Division's willingness to utilize merger remedies under the second Trump administration, say attorneys at Buchanan Ingersoll.
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When Atty Ethics Violations Give Rise To Causes Of Action
Though the Model Rules of Professional Conduct make clear that a violation of the rules does not automatically create a cause of action, attorneys should beware of a few scenarios in which they could face lawsuits for ethical lapses, says Brian Faughnan at Faughnan Law.
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What's New In FDA's Latest Cell And Gene Therapy Guidance
New draft guidance from the U.S. Food and Drug Administration, along with other recent initiatives, come together to promote cell and gene therapy product development by streamlining development and review pathways, say attorneys at Holland & Knight.
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H-1B Fee Guidance Is Helpful But Notable Uncertainty Persists
Recent guidance narrowing the scope of the $100,000 entry fee for H-1B visas will allow employers to plan for the hiring season, but a lack of detail about the mechanics of cross-agency payment verification, fee exemptions and other practical matters still need to be addressed, say attorneys at Klasko Immigration Law Partners.
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Risk Mitigation For Psychedelic Use In Reproductive Health
With the rising use of psychedelics among women of reproductive age and the absence of clear professional guidelines regarding risk labeling, healthcare providers and facilitators should adopt proactive, evidence-based approaches to mitigate malpractice liability risks, say Kimberly Chew at Husch Blackwell and Sara Shoar at the University of Southern California.
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Justices' LabCorp Punt Leaves Deeper Class Cert. Circuit Split
In its ruling in LabCorp v. Davis, the U.S. Supreme Court left unresolved a standing-related class certification issue that has plagued class action jurisprudence for years — and subsequent conflicting decisions among federal circuit courts have left district courts and litigants struggling with conflicting and uncertain standards, say attorneys at Cozen O'Connor.
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Series
Practicing Stoicism Makes Me A Better Lawyer
Practicing Stoicism, by applying reason to ignore my emotions and govern my decisions, has enabled me to approach challenging situations in a structured way, ultimately providing advice singularly devoted to a client's interest, says John Baranello at Moses & Singer.