Health

  • July 18, 2025

    Nurses Seek Class Cert. In Colo. Holiday Wage Suit

    A group of nurses asked a Colorado federal court Thursday to certify the proposed class in their suit alleging a healthcare company didn't properly pay holiday overtime wages.

  • July 18, 2025

    'Lost Services' Damages OK In Child Death Suits, Court Rules

    A mother can pursue damages against a Detroit hospital for the loss of household services she would have received if her infant son had lived to adulthood, even after a recent Michigan Supreme Court ruling narrowed the available recovery, an appellate panel held.

  • July 18, 2025

    Supply Co. Looks To Spur New Judge Amid NC Staff Shortage

    A medical supply procurement company on Friday sought to hasten the assignment of a new judge to its contract suit against a pharmaceutical middleman after the previous judge retired, acknowledging there are staffing issues in the Western District of North Carolina but saying the "serious case" needs attention to stay on track.

  • July 18, 2025

    Cannabis And The Courts: A Midyear Litigation Review

    In the first half of 2025, lawsuits taking aim at state hemp restrictions, putative residency criteria in cannabis licensure programs and the federal policy that keeps users and convicted sellers of pot from lawfully owning guns were all briefed in multiple appellate courts across the country.

  • July 18, 2025

    4th Circ. Backs $9M Classification Ruling Against Staffing Co.

    A split Fourth Circuit panel will not scrap a $9 million judgment against a medical staffing company that the U.S. Department of Labor won in a suit alleging the company misclassified more than 1,000 nurses.

  • July 18, 2025

    Pillsbury Atty Fights Sanctions In Nurse Wage-Fixing Case

    A partner with Pillsbury Winthrop Shaw Pittman LLP told a Nevada federal court he should not be sanctioned for using a poor choice of words when communicating with the government about the availability of an expert witness during a wage-fixing and wire fraud trial.

  • July 18, 2025

    Venture-Backed Medical Tech Biz Heartflow Plans $100M IPO

    Private equity and venture-backed medical technology company Heartflow has unveiled plans to raise up to $100 million in its initial public offering, with law firm O'Melveny & Myers LLP advising the company and Cooley LLP advising the underwriters.

  • July 17, 2025

    21 States Fight ACA Rule They Say Guts Health Coverage

    A 21-state coalition led by the attorneys general of California, Massachusetts and New Jersey sued the U.S. Department of Health and Human Services and the Centers for Medicare and Medicaid Services on Thursday, challenging a new Trump administration rule they say unlawfully undermines access to healthcare under the Affordable Care Act.

  • July 17, 2025

    FDA Signs Off On Juul E-Cig Products After 5-Year Review

    The U.S. Food and Drug Administration on Thursday gave Juul the green light to market five e-cigarette products, although the FDA noted that the long-awaited authorization "does not mean these tobacco products are safe, nor are they FDA-approved."

  • July 17, 2025

    SEC Fraud Suit Against Ex-Online Pharmacy Execs Advances

    A New York federal judge has declined to dismiss a majority of the U.S. Securities and Exchange Commission's claims against former executives of a now-defunct online pharmacy called Medly, finding the agency adequately pleaded that the executives made false statements or acted recklessly, among other misconduct.

  • July 17, 2025

    Accolade Faces $4.8M Suit Over Pre-Merger Profit Claims

    Personalized healthcare solutions company Accolade Inc. was hit with an investor suit Thursday accusing it and its CEO of making false statements about its profitability to prop up share prices before announcing its plan to go private via a merger with healthcare company Transcarent Inc.

  • July 17, 2025

    11th Circ. Says Ex-Quest Diagnostics Worker's FCA Suit Fails

    The Eleventh Circuit declined to revive a former Quest Diagnostics Inc. compliance officer's False Claims Act suit against the lab testing company, ruling she had failed to allege a specific claim of medical billing fraud after some 15 years of litigation.

  • July 17, 2025

    Stanford Trims Roche IP Suit, But Others Face Most Claims

    Stanford University was let out of all but one claim brought by subsidiaries of F. Hoffmann-La Roche AG over alleged trade secret theft, but a California federal judge allowed most claims to move forward against several Stanford professors and a startup they founded.

  • July 17, 2025

    UMich Dental School Defeats Professor's PPE Retaliation Suit

    A federal judge on Thursday tossed a former dentistry professor's lawsuit claiming he was fired for complaining about overheating from gowns faculty and staff were required to wear in University of Michigan's dental clinic as a COVID-19 precaution.

  • July 17, 2025

    Class Claims Target Anthem's 'Ghost' Provider Networks

    Anthem Health Plans Inc. and its parent Elevance Health Inc. should be held liable for maintaining inaccurate directories of mental health providers that send patients on a "wild-goose chase" to find care, according to a putative class action in Connecticut state court that targets "ghost" networks.

  • July 17, 2025

    Senators Float 'Patent Thicket' Bill To Limit Generic Litigation

    A bill floated in the U.S. Senate would limit the use of so-called patent thickets that are asserted by major pharmaceutical companies in litigation to restrict generic competition.

  • July 17, 2025

    Steward Health Says Ex-Execs Oversaw Fraudulent Transfers

    Insolvent hospital operator Steward Health has sued former leaders of the business — including a surgeon who stepped down as CEO last year — in connection to its Chapter 11, alleging they executed a series of transactions that plundered the company's coffers when it was financially troubled.

  • July 17, 2025

    Insurer, Urology Practices Beat Puerto Rico Antitrust Suit

    A Puerto Rico federal judge threw out an antitrust lawsuit accusing insurer Triple-S Salud and two urology firms of colluding to exclude rival practices from the commonwealth's government-run healthcare program, finding that the selection of a defendant practice through a competitive process means there was no anticompetitive harm.

  • July 17, 2025

    Nursing Home Suit Is Med Mal, Tossed For Lack Of Expert

    A Texas appellate court on Thursday dismissed a man's suit against a nursing home claiming its negligence led to his mother's death after she fell and hit her head, finding his suit is a medical malpractice claim, so he needed an expert report to support his allegations.

  • July 17, 2025

    Fla. AG, Sandoz Clash With Other Enforcers Over 'Done' Deal

    Sandoz and Florida's attorney general pressed a Connecticut federal judge Wednesday to let them settle out of sweeping price-fixing litigation against generic-drug makers, contending that federal civil procedure rules give no room for objections from other state enforcers worried the Sunshine State deal interferes with their own ability to negotiate settlements.  

  • July 17, 2025

    4th Circ. Orders New Trial After Doc Acquitted In Fraud Case

    A Fourth Circuit panel ordered a new trial for a doctor who received a judge's acquittal after a jury found him guilty of alleged healthcare fraud, finding that the jury had sufficient evidence to convict, but the case was "close," and the district court was correct in hedging and allowing another shot at the case.

  • July 17, 2025

    PE Firm Is Denied FDA Docs For Defense In Deal Challenge

    An Illinois federal court on Wednesday denied a request from private equity firm GTCR BC Holdings LLC to force the U.S. Food and Drug Administration to produce more than a decade's worth of medical device approval applications as the firm fights a merger challenge from enforcers.

  • July 17, 2025

    Healthcare Co.'s Revised $120K Wage Deal Gets Green Light

    A Connecticut-based healthcare company and its workers can move forward with their second attempt at a wage and hour settlement agreement, a Connecticut federal judge has ruled, finding that the new terms fix concerns he raised over the release of claims when rejecting the initial deal.

  • July 17, 2025

    6th Circ. Says Axed Expert Reports Doom Hip Implant Suit

    The Sixth Circuit has sided with a medical device maker in a lawsuit brought by a man who alleged a component of his hip implant was faulty due to a manufacturing defect, saying the lower court correctly excluded his experts for their lack of knowledge about the surgery or the company's manufacturing processes.

  • July 17, 2025

    5th Circ. Affirms Nix Of Doctor's Captive Insurance Deductions

    The owner of a Texas urgent care network is not entitled to $1 million in tax deductions for insurance premiums he paid to inside companies, the Fifth Circuit ruled, affirming the U.S. Tax Court's decision that the payments were not actually for insurance.

Expert Analysis

  • Series

    Adapting To Private Practice: From DOJ Enviro To Mid-Law

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    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.

  • AG Watch: Letitia James' Major Influence On Federal Litigation

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    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.

  • How Trump Orders Affect Health Orgs.' Care For Trans Minors

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    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.

  • Legal Ethics Considerations For Law Firm Pro Bono Deals

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    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.

  • Reproductive Health Under Trump So Far, And What's Next

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    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.

  • Series

    Playing Football Made Me A Better Lawyer

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    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.

  • 10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

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    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.

  • Contract Disputes Recap: Q&As, Gov't Claims, Pleading

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    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.

  • Notable Q1 Updates In Insurance Class Actions

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    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.

  • Series

    Power To The Paralegals: The Value Of Unified State Licensing

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    Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.

  • What's Next For Lab Test Regulation Without FDA Authority

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    A recent Texas federal court decision vacating the U.S. Food and Drug Administration's final rule that would apply FDA regulations to laboratory-developed tests signals potential positive impacts in the diagnostic space, and could inspire more healthcare entities to litigate against the government, say attorneys at Hooper Lundy.

  • 11 Tips For Contractors Dealing With DOD Staff Reductions

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    Defense contractors should prepare for a wide range of disruptions related to procurement and contract administration that are likely amid federal workforce reductions, say attorneys at Covington.

  • GC Nominee Likely Has Employer-Friendly NLRB Priorities

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    President Donald Trump’s nomination of Crystal Carey as general counsel of the National Labor Relations Board indicates the administration's intent to revive precedents favorable to employers, including expansion of permissible employer speech and reinstatement of procedural steps needed for employees to achieve unionization, say attorneys at Vorys.

  • 10 Soft Skills Every GC Should Master

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    As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.

  • 6 Criteria Can Help Assess Executive Branch Actions

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    With new executive policy changes announced seemingly every day, several questions can help courts, policymakers and businesses determine whether such actions are proper, effective and in keeping with our democratic norms, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.

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