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August 07, 2025
NC Biz Court Bulletin: Divorce Dust-Ups And Judicial Rebukes
Litigation in the North Carolina Business Court is heating up this summer with new complaints centered on fears a former state politician's divorce proceedings will impede his companies' operations and accusations that a climate technology company has failed to pay out a former engineer's ownership interest.
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August 07, 2025
UnitedHealth Selling Home Health Branches In DOJ Deal
The U.S. Department of Justice announced a settlement Thursday resolving its Maryland federal court challenge to UnitedHealth's $3.3 billion acquisition of home health and hospice company Amedisys, with the deal requiring the companies to sell at least 164 locations across 19 states.
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August 06, 2025
6th Circ. Rips 'Stalking Horse' Ploy In Drug Negotiation Suit
The pharmaceutical industry will feel the sting of a Wednesday loss in a wide-ranging war over Medicare's power to negotiate drug prices, as the Sixth Circuit tossed a suit and accused one major company of utilizing a "stalking horse" to sue in a more favorable forum.
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August 06, 2025
States Urge Justices To Back Med Mal Laws In Federal Court
Tennessee and 26 other states on Wednesday urged the U.S. Supreme Court to hold that state statutes requiring an expert affidavit in all medical malpractice suits may be applied in federal court, arguing that overriding these laws under federal procedure rules would undermine state authority.
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August 06, 2025
Ga. Judges Weigh Birth Defect Ruling in Sterigenics Case
A group of Georgia residents who alleged they were injured by emissions from a Sterigenics sterilization plant urged the Georgia Court of Appeals on Wednesday to overturn a lower court's grant of partial summary judgment to the company on the issue of whether the plant's emissions caused birth defects.
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August 06, 2025
Compelling ERISA Arbitration No Sure Thing, 9th Circ. Shows
The Ninth Circuit aligned with several other federal appeals courts when it recently struck down a clause in a food service company's employee health plan that barred class or representative actions, marking the latest in a series of setbacks for employers looking to push federal benefits suits into solo arbitration.
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August 06, 2025
Insulin Collusion Needn't Be 'Clever' To Exist, 2nd Circ. Says
A Second Circuit panel revived safety-net providers' proposed class action claims against Sanofi, Eli Lilly, Novo Nordisk and AstraZeneca on Wednesday that allege the company agreed to limit discount program participation to spike insulin and weight-loss drug costs, with the appeals court rejecting drugmaker arguments that their actions weren't "clever" enough to be collusion.
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August 06, 2025
Conn. Hospital Advances $8.3M Bonus Claims Against State
Connecticut Children's Medical Center Inc. can proceed on all its claims against the state Department of Social Services in a dispute over an unpaid $8.3 million performance bonus, a state court judge has ruled in turning away the department's bid to trim the case to a single count.
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August 06, 2025
Spinal Implant Co. CEO Avoids Prison After Plea Deal
The founder and CEO of Massachusetts medical device maker SpineFrontier was sentenced Wednesday to a year of supervised release, the first six months on home confinement, for directing employees to mislead the government about the nature of payments to a surgeon who was using the company's products.
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August 06, 2025
State AGs Want Final OK For $39M Apotex Price-Fixing Deal
Nearly every state attorney general in the country has asked a Connecticut federal judge to give final approval to a $39.1 million deal to settle claims that drugmaker Apotex Corp. schemed with others to fix prices and allocate markets for generic drugs, noting that the Florida-based company has already made the payment.
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August 06, 2025
Louisiana Doctor's Suit Against Porzio Bromberg Sent To NJ
A New Orleans federal judge approved a joint motion to transfer a legal malpractice case involving a Louisiana-based doctor and Porzio Bromberg & Newman PC to New Jersey federal court.
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August 06, 2025
Pa. House Bill Seeks To Legalize, Tax Adult-Use Cannabis
Pennsylvania would legalize adult-use cannabis and impose a tax on its sale and cultivation under a bill introduced in the state House of Representatives.
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August 06, 2025
Ohio Nursing Home Operator Hits Ch. 7 With Up To $10M Debt
Nursing home operator Legacy North Royalton Operating Company LLC has filed for Chapter 7 liquidation in Ohio bankruptcy court, citing both assets and liabilities of between $1 million and $10 million.
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August 06, 2025
10th Circ. Partly Revives Ex-Sales Head's Client List Case
A split panel of the Tenth Circuit partially revived a case from a sales executive against his former employer who claims the company took a customer list, saying the executive had improperly been barred from offering expert testimony on his lost wages.
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August 05, 2025
Crowell Lands 16 Reed Smith Health Partners Across 4 Cities
Crowell & Moring LLP announced Wednesday that it is expanding its healthcare practice with dozens of attorneys from Reed Smith LLP, including 16 healthcare litigation partners based in Chicago, Los Angeles, San Francisco and Dallas, where the firm is launching a new shop with a former Reed Smith lawyer at the helm.
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August 05, 2025
Novo Nordisk Lodges Suits Over 'Knockoff' Semaglutide Meds
Novo Nordisk said Tuesday it has recently filed more than a dozen lawsuits accusing weight loss companies, med spas and pharmacies of tricking patients into purchasing and using unapproved drugs containing semaglutide, which the Danish pharmaceutical company uses in its blockbuster medicines Wegovy and Ozempic.
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August 05, 2025
Wash. Judge Questions Injunctions' Scope In Head Start Case
A Washington federal judge asked attorneys Tuesday to explain how the U.S. Supreme Court's decision concerning nationwide injunctions might impact efforts by a group of Head Start associations to halt federal directives restricting noncitizen access to the program and use of funds for diversity initiatives.
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August 05, 2025
Judge Mulls Sanctioning Hagens Berman In Thalidomide Suits
The Pennsylvania federal judge presiding over dozens of product liability actions against manufacturers of the morning sickness drug thalidomide Tuesday ordered Hagens Berman Sobol Shapiro LLP to explain why it shouldn't be sanctioned for allegedly conducting "grossly inadequate" pre-suit inquiries, obstructing discovery and doctoring evidence.
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August 05, 2025
OptumRx Urges Panel To DQ Motley Rice In LA Opioid Suit
OptumRx told a California appellate panel Tuesday that Motley Rice should be disqualified from representing Los Angeles County in a lawsuit alleging it colluded with drugmakers to fuel the opioid crisis, saying the firm violated state law by using confidential information obtained in the case in other lawsuits it's handling against Optum.
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August 05, 2025
Key Opioid Theory Actually Irrelevant, Drug Cos. Tell 4th Circ.
With federal judges in West Virginia suddenly split over the central legal theory in opioid litigation, major drug distributors are insisting the theory actually doesn't matter, telling the Fourth Circuit it can uphold their triumph in a landmark trial without even touching the hot-button issue.
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August 05, 2025
Law, Medical School Orgs Face Application Fee Antitrust Suits
The Law School Admission Council and the Association of American Medical Colleges have each been hit with a proposed class action in Pennsylvania and D.C. federal courts, respectively, by candidates who said the nonprofits conspired with their member schools to charge excessive application fees that have been fixed at the same price regardless of the school.
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August 05, 2025
Ex-USPTO Heads, Judges Oppose Anti-Patent Thicket Bill
A pro-innovation group composed of former U.S. Patent and Trademark Office officials and former Federal Circuit judges on Tuesday asked Congress to oppose a bill introduced last month that would limit so-called patent thickets used by pharmaceutical companies to restrict the production of generic counterparts to their drugs.
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August 05, 2025
UBH Patients Score Partial Win In Mental Health Claims Fight
A California federal judge handed a partial win Tuesday to a class of participants in employee health benefit plans who sought coverage for mental health and substance use disorder treatments from United Behavioral Health, holding the company's overly restrictive guidelines breached fiduciary duties under federal benefits law.
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August 05, 2025
Infant Death Suit Reinstated Against Texas Hospital, Doctors
A Texas appeals panel on Tuesday reinstated a couple's suit against Texas Children's Hospital and doctors with Baylor College of Medicine over the death of their 5-week-old infant, finding the trial court abused its discretion in finding their expert report was insufficient to support their claims.
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August 05, 2025
A Free Exercise 'Blueprint' In Colo. Abortion Reversal Order
A Colorado federal judge's decision to allow medication abortion "reversals" on free exercise grounds could serve as a model for other lawsuits meant to legitimize a practice that is outside the standard practice of medicine.
Expert Analysis
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A Look At AI Benefits And Risks In Global Development Efforts
In areas like healthcare and law, artificial intelligence can play a transformative role in achieving the U.N.'s 2030 agenda for creating a more equitable, prosperous and sustainable world, but if not properly managed, AI could hinder global development efforts and widen existing gaps within society, say attorneys at Winston & Strawn.
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J&J's Failed 3rd Try Casts Doubt On Use Of 'Texas Two-Step'
A Texas bankruptcy court recently rejected Johnson & Johnson's third attempt to use Chapter 11 to resolve liabilities from allegations of injuries from using talcum powder, suggesting that the U.S. Supreme Court's limitations on nondebtor releases, from 2024's Purdue Pharma ruling, may prove difficult to evade, say attorneys at Cadwalader.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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5 Areas Contractors Should Watch After 1st 100 Days
Federal agencies and contractors face challenges from staff reductions, contract terminations, pending regulatory reform and other actions from the second Trump administration's first 100 days, but other areas stand to become more efficient and cost-effective, say attorneys at Thompson Hine.
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A New Tool For Assessing Kickback Risks In Health Marketing
The Seventh Circuit's recent decision in U.S. v. Sorensen, reversing a conviction after trial of a durable medical equipment distributor, highlights two principle considerations for determining whether payments to marketers in healthcare are unlawful under the Anti-Kickback Statute, says Elisha Kobre at Sheppard Mullin.
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Why Attys Should Get Familiar With Quantum Computing
Quantum computing is projected to pose significant updates to current practices in cryptography, making the issue relevant to policymakers and the legal profession generally, particularly when it comes to data storage, privacy regulations and pharmaceutical industry market changes, say professors at the University of San Francisco.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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AG Watch: Letitia James' Major Influence On Federal Litigation
While the multistate cases brought by New York Attorney General Letitia James appear to be based upon her interpretation of the effect of the Trump administration's policies on New York state and its residents, most also have a decidedly political tone to them, says Dennis Vacco at Lippes Mathias.
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How Trump Orders Affect Health Orgs.' Care For Trans Minors
Two recent executive orders issued by President Donald Trump regarding gender-affirming care for minors have put healthcare organizations in a precarious situation, and these institutions should prepare for various implications and potential scenarios, say attorneys at ArentFox.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Reproductive Health Under Trump So Far, And What's Next
Based on priorities stated so far, the Trump administration will likely continue to weaken Biden-era policies that protect reproductive health, with abortion, in vitro fertilization and contraception all being issues to watch closely amid a post-Dobbs shift, say attorneys at McDermott.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Contract Disputes Recap: Q&As, Gov't Claims, Pleading
Attorneys at Seyfarth examine decisions from the Armed Services Board of Contract Appeals, the Civilian Board of Contract Appeals and the U.S. Court of Federal Claims covering matters including superior knowledge, government claims and pleading standards.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.