Health

  • July 31, 2025

    Justices Told State Med Mal Laws Fly In Federal Court

    A Delaware federal court must apply a state statute requiring an expert affidavit in all medical malpractice suits, a hospital defendant told the U.S. Supreme Court, as key aspects of the Delaware law and similar statutes in 28 other states "should not be checked at the federal courthouse doors."

  • July 31, 2025

    Flo Settles Privacy Fight Midtrial, Leaving Meta To Face Jury

    Flo Health Inc. told a California federal judge Thursday it had reached an agreement to settle claims that its popular menstrual-tracking app illegally shared sensitive health data of millions of women with Meta Platforms Inc. and Google, partially resolving a sweeping privacy case midtrial, and leaving Meta as the sole remaining defendant.

  • July 31, 2025

    Walnut Co. Says Firm Misled Court To Lead Super Micro Case

    A Hagens Berman client who lost the fight against Universal Investment to lead investor claims against Super Micro Computer has blasted the fund's opposition to its bid for a California federal judge to reconsider the denial, arguing Universal's attorneys from Bernstein Litowitz Berger & Grossmann LLP have a "documented history" of "misleading courts."

  • July 31, 2025

    Hospitals Want To Duck Pharmacy Career Match Program Suit

    A professional pharmacy organization and a group of teaching hospitals teed up motions to dismiss Wednesday against proposed class action allegations that they conspired to restrict wages and benefits by funneling new pharmacists through a job-matching program, telling a Maryland federal judge that there's no sign of an agreement.

  • July 31, 2025

    Biotech Co. Beats Investor Suit Over Antifungal Drug Recall

    Biotechnology company Scynexis Inc. has won dismissal, for now, of a proposed investor class action alleging that it triggered a 34% share decline by knowingly misleading investors about manufacturing compliance issues that led to a drug recall, with the court finding the allegations the company should have known and disclosed issues only show "fraud by hindsight."

  • July 31, 2025

    Calif. Med Mal Law Can't Apply To Ambulance Crash Suits

    The California Supreme Court ruled on Thursday that the state's one-year time limit for medical malpractice claims does not apply to suits over ambulance drivers' negligence, saying instead the two-year deadline for ordinary negligence governs.

  • July 31, 2025

    GAO Says Data Lacking On Open-Air Burning In Vietnam War

    Open-air burning of human waste and trash was a widespread practice in the Vietnam War, but evidence linking it to health problems among aging veterans is lacking, according to a U.S. Government Accountability Office study released Thursday.

  • July 31, 2025

    6th Circ. OKs Toss Of Trustee Removal Bid In Union Fund Row

    A Sixth Circuit panel on Thursday upheld an Ohio federal court's decision finding that a trade union, three trustees of a union benefit fund, and a fund participant cannot remove two other trustees they accused of self-dealing, saying they failed to show they would face irreparable harm.

  • July 31, 2025

    HHS Plans To Test Rebates In 340B Drug Pricing Program

    The Trump administration on Thursday announced plans for a pilot project that would allow certain drugmakers to abandon upfront discounts in the 340B program and instead require hospitals to apply for rebates, testing an idea that would fundamentally reshape the long-running program.

  • July 31, 2025

    Mich. Home Caregivers Ask State Court To Stop Union Vote

    Two Michigan laws that classify home caregivers as public employees who can unionize violate the First Amendment, caregivers alleged in a complaint, urging a state court to issue an injunction preventing the certification of a union representation election.

  • July 31, 2025

    ITC Ends Dermatology Needle Import Ban After Settlement

    The International Trade Commission has lifted a ban on certain imports of skin treatment devices that infringed patents owned by a South Korean dermatologist's needle business after it settled with a rival.

  • July 31, 2025

    J&J Fired Sales Worker Who Reported Pay Issue, Suit Says

    Johnson & Johnson wrongly credited a former executive sales representative's sales to another worker, leading to lost earned commissions, and then fired him once he complained, the former employee said in a suit in Texas federal court.

  • July 30, 2025

    3rd Circ. Won't Upend Investors' Class Cert. In J&J Talc Suit

    A split Third Circuit on Wednesday upheld a New Jersey federal judge's class certification order in a Johnson & Johnson investor action alleging the company artificially inflated its stock price by failing to disclose cancer risks associated with its talcum powder products, finding the lower court did not err in concluding that common issues predominate in the suit.

  • July 30, 2025

    Flo Likely To Get Health Privacy Claim Tossed In Meta Case

    The California federal judge overseeing a trial on allegations that Flo Health and Meta Platforms Inc. violated the privacy of millions of women who used Flo's period tracker app said Wednesday he'd likely toss the California Confidentiality of Medical Information Act claim, saying the lack of evidence is an "unsurmountable" problem.

  • July 30, 2025

    Illumina To Pay $9.8M To Resolve Cybersecurity Qui Tam Case

    Biotechnology company Illumina Inc. has agreed to pay $9.8 million in a settlement with the U.S. Department of Justice to put to rest a first-of-its-kind False Claims Act suit alleging the company violated cybersecurity regulations for medical devices, according to an announcement Wednesday.

  • July 30, 2025

    No Philly Clause Is Valid In Med Mal Case, Pa. Panel Says

    A Pennsylvania appellate panel said Wednesday that a contract a patient signed before surgery mandating that any legal actions must be heard in Bucks County is valid and enforceable, affirming a trial court's transfer of the medical malpractice suit from plaintiff-friendly Philadelphia County.

  • July 30, 2025

    Anesthesia Giant Keeps Poaching Claims In Antitrust Row

    A New York federal judge refused Tuesday to nix counterclaims from North America's largest anesthesia provider, facing a Syracuse hospital's antitrust allegations, accusing the hospital of illegally recruiting away dozens of its clinicians and thus interfering with its employment agreements.

  • July 30, 2025

    CVS Can't Arbitrate RICO Suit Over Alleged 'No Generic' Policy

    CVS effectively forfeited its arbitration rights in proposed class action litigation accusing it of conspiring to block Medicare beneficiaries from accessing generic versions of prescription drugs, a Pennsylvania federal judge ruled in denying the company's bid to enforce an arbitration agreement.

  • July 30, 2025

    FDA's Vaccine Chief Is Out After Loyalty To Trump Questioned

    Dr. Vinay Prasad's tenure as the top vaccine regulator at the U.S. Food and Drug Administration ended abruptly this week following intense criticism from conservative activists who questioned his loyalty to President Donald Trump.

  • July 30, 2025

    Mich. PBM Opioid Suit Belongs In State Court, Judge Told

    Counsel for the State of Michigan argued Wednesday that a lawsuit accusing pharmacy benefit managers Express Scripts and OptumRx of fueling the opioid crisis is not subject to federal officer removal and should be sent back to state court.

  • July 30, 2025

    Unauthorized Blood Draw Upends Fatal Crash Sentence In Pa.

    In a precedential ruling, the Pennsylvania Superior Court held that the rights of a man convicted of vehicular homicide while driving under the influence of alcohol were violated because hospital staff took it upon themselves to conduct a blood draw without a warrant from law enforcement.

  • July 30, 2025

    ImmunityBio Investors Nab Initial OK On Derivative Suit Deal

    A California federal judge has granted initial approval to a deal ending derivative claims that ImmunityBio executives failed to disclose manufacturing deficiencies that doomed the company's lead cancer drug application.

  • July 30, 2025

    11th Circ. Considers If TCPA's Fax Provisions Are 'Procedural'

    A doctor who sued two medical providers for allegedly sending more than 14,000 unsolicited fax advertisements in 2022 urged the Eleventh Circuit to overturn a district court's denial of class certification, arguing the lower court wrongly found users of online fax services lack standing to sue under the Telephone Consumer Protection Act. 

  • July 30, 2025

    DHS Sinks Docs' Free Speech Suit Over COVID Policies

    A Texas federal judge on Wednesday dismissed free speech claims brought against the U.S. Department of Homeland Security and three specialty medical boards by a doctor group claiming the government and boards punished them for disapproving of COVID-19 vaccines and mandates. 

  • July 30, 2025

    $1.6M UHC Reimbursement Suit Kicked Back To State Court

    A lawsuit alleging that United Healthcare of North Carolina Inc. underpaid a hospital system by at least $1.6 million in reimbursements does not belong in federal court, a North Carolina federal judge ruled Monday.

Expert Analysis

  • Texas Med Spas Must Prepare For 2 New State Laws

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    Two new laws in Texas — regulating elective intravenous therapy and reforming healthcare noncompetes — mark a pivotal shift in the regulatory framework for medical spas in the state, which must proactively adapt their operations and contractual practices, says Brad Cook at Munsch Hardt.

  • Series

    Playing Soccer Makes Me A Better Lawyer

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    Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.

  • Strategies For Cos. Navigating US-Indian Pharma Partnerships

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    Recent policy adjustments implemented by the U.S. government present both new opportunities and heightened regulatory scrutiny for the Indian life sciences industry, amplifying the importance of collaboration between the Indian and U.S. pharmaceutical sectors, say Bryant Godfrey at Foley Hoag and Jashaswi Ghosh at Holon Law Partners.

  • DOJ-HHS Collab Crystallizes Focus On Health Enforcement

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    The recently announced partnership between the U.S. Department of Justice and U.S. Department of Health and Human Services to combat False Claims Act violations, following a multiyear trend of high-dollar DOJ recoveries, signals a long-term enforcement horizon with major implications for healthcare entities and whistleblowers, say attorneys at RJO.

  • Series

    Law School's Missed Lessons: Learning From Failure

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    While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.

  • How The Healthline Privacy Settlement Redefines Ad Tech Use

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    The Healthline settlement is the first time California has drawn a clear line in the sand around how website tracking must function in practice, so if your site uses tracking technologies, especially around sensitive content like health or finance, regulators are inspecting your website's back end, not just its banner, say attorneys at Baker Donelson.

  • How Sweeping Budget Bill Shakes Up Health Industry

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    With the recently passed One Big Beautiful Bill Act marking one of the most significant overhauls of federal health policy since the passage of the Affordable Care Act, providers, managed care organizations and life sciences companies must now shift focus from policy review to implementation planning, say advisers at Holland & Knight.

  • Series

    Adapting To Private Practice: From ATF Director To BigLaw

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    As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.

  • New DOJ Penalty Policy Could Spell Trouble For Cos.

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    In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.

  • A Look At Key 5th Circ. White Collar Rulings So Far This Year

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    In the first half of 2025, the Fifth Circuit has decided numerous cases of particular import to white collar practitioners, which collectively underscore the critical importance of meticulous recordbuilding, procedural compliance and strategic litigation choices at every stage of a case, says Joe Magliolo at Jackson Walker.

  • High Court Cert Spotlights Varying Tests For Federal Removal

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    A recent decision by the U.S. Supreme Court to review Chevron v. Plaquemines Parish, a case involving the federal officer removal statute, highlights three other recent circuit court decisions raising federal removal questions, and serves as a reminder that defendants are the masters of removal actions, says Varun Aery at Hollingsworth.

  • Series

    Playing Baseball Makes Me A Better Lawyer

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    Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.

  • What US Medicine Onshoring Means For Indian Life Sciences

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    Despite the Trump administration's latest moves to onshore essential medicine manufacturing, India will likely remain an indispensable component of the U.S. drug supply chain, but Indian manufacturers should prepare for stricter compliance checks, says Jashaswi Ghosh at Holon Law Partners.

  • How US Cos. Should Prep For Brazil's Int'l Data Transfer Rules

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    Brazil's National Data Protection Authority's new rules concerning the processing and storing of Brazilians' personal data carry significant reputational risks for the e-commerce, financial services, education and health sectors, so U.S. companies with business in Brazil should prepare ahead of the Aug. 23 compliance date, says Juliane Chaves Ferreira at Guimarães & Vieira de Mello.

  • APA Relief May Blunt Justices' Universal Injunction Ruling

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    The Administrative Procedure Act’s avenue for universal preliminary relief seems to hold the most promise for neutralizing the U.S. Supreme Court’s decision in Trump v. CASA to limit federal district courts' nationally applicable orders, say attorneys at Crowell.

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