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Health
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June 13, 2025
Health Tech Co. Overstated AI Capabilities, Investor Suit Says
Health technology company Tempus AI Inc. and two of its executives face a shareholder class action over claims the company misrepresented its artificial intelligence capabilities, the value of its contracts and the credibility of certain joint ventures, among other things.
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June 13, 2025
5th Circ. Says No Private Right Of Action In No Surprises Act
The Fifth Circuit has ruled a pair of flight ambulance providers cannot pursue their lawsuit seeking to enforce out-of-network billing dispute resolution awards against a health insurance company, saying there's no private right of action built into a 2022 law that protects patients from surprise medical bills.
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June 13, 2025
Jefferson Health Hit With Disability Bias Suit By Ex-Director
A longtime Thomas Jefferson University Hospital employee filed a retaliation suit in New Jersey state court Wednesday alleging she was ousted from her job for taking sick time and blowing the whistle about what she considered to be improper vendor relationships and language in a grant application.
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June 13, 2025
DC Circ. Urged To Reject Approval For Braille-Free Drug Label
Vanda Pharmaceuticals Inc. is urging the D.C. Circuit to reverse a lower court decision upholding the U.S. Food and Drug Administration's approval of a generic sleep-disorder drug without Braille labeling, a move the company argues jeopardizes patient safety.
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June 13, 2025
Pa. Home Care Agency Owner Gets Prison, $235K Restitution
The New York-based owner of a Berks County, Pennsylvania, home care agency has been sentenced to spend a month in jail and repay $235,778 in fraudulently billed Medicaid claims, the Pennsylvania Attorney General's Office announced Friday.
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June 13, 2025
Akerman Seeks To Move Malpractice Suits From Medical Cos.
Akerman LLP has asked to have two malpractice cases from medical laboratories moved from Palm Beach County to Miami-Dade County, where the firm's related unpaid fees case against Rennova Health Inc. is being litigated.
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June 13, 2025
Midyear Report: 5 ERISA Decisions Attys Should Know
The U.S. Supreme Court revived retirement plan mismanagement allegations against Cornell University, the Sixth Circuit restarted a yacht company's suit against its health benefits administrator and American Airlines took a hit for emphasizing socially conscious investing in its 401(k) plan decisions. Here are five important decisions that came down in Employee Retirement Income Security Act cases during the first half of this year.
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June 13, 2025
AstraZeneca Inks Up To $5.3B AI Drug Deal With Chinese Firm
AstraZeneca said Friday it has entered into a strategic artificial intelligence-driven research partnership with China's CSPC Pharmaceutical Group in a deal worth as much as $5.3 billion, expanding the British drugmaker's commitments in the country following a shakeup of the company's local leadership.
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June 13, 2025
CVS Wants To Halt Ark. Law Banning PBM-Owned Pharmacies
CVS urged an Arkansas federal judge to block a new state law from taking effect that would ban pharmacy benefits managers from owning pharmacies in the state, arguing the law shirks the U.S. Constitution by tamping down competition and discriminating against out-of-state businesses.
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June 13, 2025
$69M UnitedHealth 401(k) Deal Gets Green Light
A Minnesota federal judge granted final approval to a $69 million settlement agreement ending a class action claiming UnitedHealth Group kept underperforming funds in its 401(k) plan to preserve a business relationship with Wells Fargo.
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June 13, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Tottenham Hotspur FC kick off against Manchester United co-owner Ineos Automotive following a soured sponsorship deal, Acer and Nokia clash over patents for video coding technology, and two investors reignite litigation against the founders of an AI exercise bike business that unlawfully pocketed $1.2 million in investments to fund their own lifestyles. Here, Law360 looks at these and other new claims in the U.K.
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June 12, 2025
7th Circ. Backs Hartford's Denial Of Benefits To Ex-PwC Exec
The Seventh Circuit on Thursday refused to revive a lawsuit by a former PricewaterhouseCoopers LLP executive accusing the accounting firm's disability insurance provider of wrongly denying her long-term disability benefits for her fibromyalgia, affirming a lower court's "detailed and diligent opinion" that found her condition limiting, but not disabling.
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June 12, 2025
Arbitration Order Reversed In Fla. Medical Office Battery Case
A Florida state appellate court reversed an order for a doctor's lawsuit alleging she was battered by a fellow shareholder of their medical practice to be resolved out of court, allowing the case to be tried before a jury.
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June 12, 2025
Holmes Seeks 2 Year Cut, Commits To Criminal Justice Work
Elizabeth Holmes has asked a California federal judge to knock two years off her 11-year prison sentence, arguing she's eligible for the adjustment under sentencing guidelines and has spent her time behind bars tutoring and advocating for her fellow prisoners.
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June 12, 2025
Florida, Sandoz Say They've Fixed Generic Drug Price-Fix Deal
The Florida Attorney General's Office and Sandoz Inc. have told a Connecticut federal court they've fixed the problems the court identified with a generic drug price-fixing settlement after other states with claims in the case objected to a clause in the deal.
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June 12, 2025
Fla. Doc Sues In Del. Alleging Multistate Group Conspiracy
A Florida doctor and emergency room companies serving departments in Texas, Florida and Oklahoma have sued multiple entities in Delaware's Court of Chancery allegedly involved in an elaborate private equity-tied scheme to duck bans on the corporate practice of medicine.
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June 12, 2025
'Forum Shopping' Center Stage At 6th Circ. Drug Pricing Args
As part of an expansive effort to tee up U.S. Supreme Court review, pharmaceutical industry-backed opponents of Medicare's drug price negotiations entered less-than-hospitable territory at the Sixth Circuit, where judges pointedly questioned a local business group's basis for challenging a national healthcare program.
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June 12, 2025
Insurer Says Hair Relaxer Maker Not Covered In Cancer Suits
An insurer told a Georgia federal court that it had no duty to defend a hair relaxer and beauty products manufacturer in underlying litigation filed by people who alleged that chemicals in hair relaxer products the company produced caused them to develop cancer and suffer bodily injuries.
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June 12, 2025
Humana, Aetna Underpaid For 340B Drugs, New Suits Say
Humana and Aetna are facing new claims in a trio of suits filed in North Carolina federal court alleging they underpaid health systems for drugs purchased through the federal 340B drug discount program.
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June 12, 2025
DHS Tightens Rules On Info Disclosure, Medical Exam Validity
U.S. Citizenship and Immigration Services has issued two policy updates this week, one changing how the agency will disclose derogatory information when it intends to issue an adverse decision, and another reversing course on how long medical exams are valid.
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June 12, 2025
WWE Accuser's Firm Blames PACER For Late Response
Counsel for the law firm representing a former World Wrestling Entertainment staffer on sex trafficking and abuse claims has objected to a motion for default in a related defamation suit, said he couldn't appear in the case earlier in part because of difficulty accessing the federal judiciary's electronic docket system, but he said he would have asked for more time to respond anyway.
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June 12, 2025
5 Firms Guide $1.25B BioNTech, CureVac Oncology Deal
German biotech firm BioNTech SE said Thursday that it will acquire CureVac NV, a clinical-stage mRNA specialist, in an all-stock oncology-focused deal valuing it at about $1.25 billion and involving five legal advisers.
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June 12, 2025
Wis. Children's Hospital Denied Exemption For Hospital Tower
The Children's Hospital of Wisconsin isn't eligible for a property tax exemption for a tower built in its medical complex, as it was unused during the tax year, the Wisconsin Court of Appeals ruled.
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June 11, 2025
Fed. Circ. Says VA Worker Must Submit To Random Drug Tests
The Federal Circuit has upheld an arbitration decision requiring a U.S. Department of Veterans Affairs employee, allegedly caught using marijuana on the job, to release her medical records and submit to random drug testing as part of a slate of conditions for her to return to work, finding the arbitrator's award acceptable.
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June 11, 2025
PTAB Issues Mixed Group Of Discretionary Denial Decisions
The Patent Trial and Appeal Board has invoked its discretion to free Nike Inc. and Cleveland Medical Devices from having their patents scrutinized, but refused to do so for Vermeer Manufacturing Co.
Expert Analysis
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What Trump's Order Means For The Legal Status Of IVF
An executive order signed by President Donald Trump last month signals the administration's potential intention to increase protections for in vitro fertilization services, though more concrete actions would be needed to resolve the current uncertainty around IVF access or bring about a binding legal change, says Jeanne Vance at Weintraub Tobin.
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Mitigating Tariff Risks For Healthcare In US And Canada
Healthcare stakeholders should take steps to evaluate the impact of cross-border tariffs, as the historically strong ties between Canada and the U.S. demonstrate the potential for real disruption and harm to the healthcare industry in both countries, say attorneys at Norton Rose.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Bid Protest Spotlight: Prejudice, Injunctions, New Regulations
In this month's bid protest roundup, Markus Speidel at MoFo looks at three recent decisions that consider whether a past performance evaluation needs to show prejudice to be successfully challenged, the prerequisites for injunctive relief and the application of new regulatory requirements to indefinite-delivery, indefinite-quantity contracts.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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What Advisory On Alcohol And Cancer May Mean For Cos.
While the federal government has yet to take concrete steps in response to a January advisory from the outgoing U.S. surgeon general on links between alcohol consumption and cancer, the statement has opened the door to potential regulatory, legislative and litigation challenges for the alcoholic beverage industry, say attorneys at Mayer Brown.
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What's At Stake In High Court Transgender Care Suit
The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.
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6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'
The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.
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6 Laws Transforming Calif.'s Health Regulatory Framework
Attorneys at Hooper Lundy discuss a number of new California laws that raise pressing issues for independent physicians and small practice groups, ranging from the use of artificial intelligence to wage standards for healthcare employees.
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NIH Cuts To Indirect Costs May Stifle IP Generation
Although currently blocked by a preliminary injunction, the National Institutes of Health's new policy to cut down on indirect cost funding creates challenges for university research projects, and may hamper the development of intellectual property — which is considered an indirect cost — for years to come, say attorneys at Snell & Wilmer.
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Recent Cases Clarify FCA Kickback Pleading Standards
Two recently resolved cases involving pharmaceutical manufacturers may make it more difficult for False Claims Act defendants facing kickback scheme allegations to get claims dismissed for lack of evidence, say Li Yu at Bernstein Litowitz, Ellen London at London & Noar, and Gregg Shapiro at Gregg Shapiro Law.
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Opinion
Antitrust Analysis In Iowa Pathologist Case Misses The Mark
An Iowa federal court erred in its recent decision in Goldfinch Laboratory v. Iowa Pathology Associates by focusing exclusively on market impacts and sidestepping key questions that should be central to antitrust standing analysis, says Daniel Graulich at Baker McKenzie.
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Opinion
State FCAs Should Cover Local Fund Misuse, State Tax Fraud
New Jersey and other states with similar False Claims Acts should amend them to cover misappropriated municipal funding, and state and local tax fraud, which would encourage more whistleblowers to come forward and increase their recoveries, says Kenneth Levine at Stone & Magnanini.
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Anticipating Calif. Oversight Of PE Participation In Healthcare
A new bill recently introduced in the California Senate revives last year's attempt to increase oversight of healthcare transactions involving private equity groups and hedge funds, meaning that attorneys may soon need to assess the compliance status of existing management relationships and consider modifying contract terms, says Andrew Demetriou at Husch Blackwell.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.