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Health
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October 21, 2025
Anesthesia Giant Cuts Deals To End Hospital Antitrust Cases
North America's largest anesthesia provider has reached settlements ending antitrust claims from hospitals in New York and Florida as well as counterclaims accusing the hospitals of illegally recruiting away clinicians, according to court filings.
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October 21, 2025
Hemp Co. Alleges Fraud Over $574K Late Kratom Delivery
A Colorado hemp company has sued two other businesses and their owners in state court, accusing them of violating a purchase agreement when they delivered nearly 100 kilograms of mitragynine extract, commonly known as kratom, several months after it had canceled the agreement.
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October 21, 2025
3rd Circ. Reinstates Union Rep's Pharmacy Fraud Charges
The Third Circuit said Tuesday that it had revived charges against a union representative at a telecommunications company after finding that federal prosecutors sufficiently alleged that the rep submitted false claims to a pharmacy benefits manager for medically unnecessary testing and medicine.
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October 21, 2025
Purdue Touts Wide Support For Latest Ch. 11 Plan
Pharmaceutical titan Purdue Pharma heralded Tuesday that its newest Chapter 11 plan has almost total support from voting creditors, saying the proposal could pave the way to creditors receiving more than $7 billion, after its well-publicized role in the opioid epidemic pushed the company into bankruptcy and the U.S. Supreme Court rejected its original plan.
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October 21, 2025
Third Tribe Signs Deal To Open Cannabis Shops In Minnesota
Minnesota has signed a compact with the Prairie Island Indian Community to allow the federally recognized tribe to issue licenses for eight cannabis retailers outside its reservation along with licenses to grow and manufacture the plant, the third such deal the state has made with a tribe.
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October 21, 2025
Full Fed. Circ. Won't Rehear $125M Medtronic Patent Verdict
The full Federal Circuit has declined to revisit a panel decision that overturned a $125 million patent infringement judgment against Medtronic's CoreValve unit, letting stand a precedential opinion addressing the doctrine of prosecution history estoppel.
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October 21, 2025
Calif. Court Backs Birth Battery Claim, Split On Gender Abuse
A California appeals court has reinstated a medical battery lawsuit brought by a woman who accused her obstetrician of forcing an unwanted procedure on her during childbirth, but the court rejected her claim that the act constituted gender-based violence, prompting a sharp judicial dissent.
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October 21, 2025
Supreme Court Medina Ruling Erodes Public Health Networks
Healthcare advocates in more than a dozen states are bracing for Planned Parenthood's ouster from public benefit programs after a U.S. Supreme Court decision in June.
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October 21, 2025
PE Giants Ink $18.3B Deal For Hologic Amid Megadeal Blitz
Hologic Inc. said Tuesday it will be acquired by a private equity consortium in a deal valuing the Wachtell-advised medical technology company around $18.3 billion, marking one of the largest leveraged healthcare buyouts in recent years.
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October 21, 2025
Food Co. Strikes $4.7M Deal To End ERISA Tobacco Fee Suit
Food distributor Performance Food Group will pay $4.7 million to settle a proposed class action alleging it violated federal benefits law by charging tobacco users in its health plan an extra fee, according to a filing in Virginia federal court.
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October 20, 2025
USCIS Guidance Gives Scope Of New $100K H-1B Fee
The $100,000 fee requirement for H-1B visas that took effect last month applies to new H-1B petitions filed on behalf of applicants who are outside the United States, U.S. Citizenship and Immigration Services said Monday.
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October 20, 2025
Novo Nordisk Trial Kicks Off Over Kickback Allegations
Lawyers in a federal whistleblower lawsuit against drugmaker Novo Nordisk Inc. on Monday offered to take jurors "behind the curtain" of what they claimed was an illegal scheme by the pharmaceutical company to bribe doctors and patients in order to boost sales of a pricey hemophilia drug, NovoSeven.
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October 20, 2025
NJ Asks If Experts Are Needed For Mental Defenses
New Jersey's Supreme Court on Monday heard arguments on whether expert testimony is needed to advance insanity or diminished capacity defenses in two murder cases, with defense attorneys and the American Civil Liberties Union arguing state lawmakers intended juries, with or without doctors, to evaluate evidence regarding state of mind.
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October 20, 2025
Drugmakers Say Conn. Law Illegally Extends Beyond State
A group of generic drug manufacturers has asked a Connecticut federal court to block the enforcement of a new price-control law against sales that occur outside of Connecticut, claiming that the law violates the U.S. Constitution.
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October 20, 2025
Colo. High Court Upholds $40M Award In Med Mal Cap Suit
The Colorado Supreme Court Monday unanimously ruled that a jury retains its authority to award damages exceeding the state's $1 million cap on medical malpractice damages subject to certain court authority, upholding a nearly $40 million judgment against a state hospital.
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October 20, 2025
Ex-Cano Health CEO Settles $70M Suit Over Failed Dental Deal
The ex-CEO of formerly bankrupt Cano Health Inc. has settled a $70 million lawsuit in Florida state court by a dental services provider that sought to hold him personally liable for the collapse of its business after a deal with Cano Health went sour.
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October 20, 2025
Sterigenics Nears Win In Georgia Ethylene Oxide Litigation
Sterigenics Inc. notched two significant wins in sprawling litigation over its alleged emissions of carcinogenic ethylene oxide at an Atlanta-area plant, as a Georgia state court judge tossed residents' specific causation claims and allegations that the plant's activities constituted a private nuisance.
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October 20, 2025
Tylenol Maker Tells FDA Not To Add Autism Warning
Tylenol maker Kenvue on Friday told the U.S. Food and Drug Administration to reject a call to add warnings about the risk of using acetaminophen during pregnancy, saying that "expansive" scientific evidence shows there is no proven link between the over-the-counter drug and autism.
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October 20, 2025
'A Total Mess': Judge Slams Calif. Privacy Law's Ambiguity
California's Invasion of Privacy Act "is a total mess" that routinely requires courts to make "borderline impossible" decisions about how to apply the law's language to new technologies, a San Francisco federal judge commented in an order Friday, pleading for state lawmakers to bring the law into the 21st century.
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October 20, 2025
Lab Cos. Seek $542M For COVID Testing Reimbursement
Three New York-based COVID-19 testing companies sued the federal government in the U.S. Court of Federal Claims seeking more than $542 million in damages over the government's alleged refusal to reimburse them for providing testing services to uninsured individuals.
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October 20, 2025
21 AGs Back Planned Parenthood In Funding Freeze Fight
A coalition of attorneys general from 21 Democrat-led states chimed in on Monday in support of Planned Parenthood's case challenging the Trump administration's push to cut off Medicaid reimbursements to its centers and affiliates, saying more than a million people could lose healthcare access if the First Circuit doesn't halt the move.
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October 20, 2025
More Fed. Workers Added To TRO Blocking Shutdown Layoffs
A California federal judge who blocked the Trump administration from laying off workers from two unions representing thousands of federal workers has expanded her temporary restraining order to include three more unions and also clarified that the order covered workers with union contracts that the administration is seeking to ditch.
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October 20, 2025
Catching Up With Delaware's Chancery Court
This past week, the Delaware Chancery Court and Supreme Court handled a crowded corporate docket, weighing blockbuster merger appeals, shareholder settlement objections, fights over control involving an NBA franchise and a high-profile appeal from Elon Musk involving a massive payday from Tesla.
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October 20, 2025
Justices Won't Review Repeat Indictment For Medicare Fraud
The U.S. Supreme Court let stand Monday the repeat indictment of a health clinic manager for what the Second Circuit called a massive, yearslong scheme to submit false claims to Medicare and Medicaid, effectively rejecting the manager's claims that his original trial was irreparably delayed.
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October 20, 2025
Top Court Won't Hear Chicago Hospital's Medicaid Dispute
The U.S. Supreme Court on Monday refused to review a decision by the full Seventh Circuit holding that a Chicago hospital can't sue the state of Illinois to force the managed care organizations it contracts with to make timely Medicaid payments, rejecting a petition that argued another case on the high court's docket "will likely decide the outcome" in this one.
Expert Analysis
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What EU 'Killer Acquisition' Study Means For Pharma Deals
The European Commission’s recent study of pharmaceutical companies' acquisitions of emerging competitive threats, the first of its kind globally, has important implications for the industry, and may lead to increased awareness of merger control risks in collaborative agreements, say lawyers at Paul Weiss.
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Legal Risks For Providers Discussing Psychedelic Therapies
The emergence of psychedelic therapies as potential treatments for mental health conditions and other ailments continues to garner significant attention, but the legal landscape surrounding discussions and referrals remains fraught with complexity, creating potential risks for healthcare providers and institutions, says Kimberly Chew at Husch Blackwell.
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Why Texas Should Slow Down On Healthcare Merger Bills
More time is needed to study three Texas bills aimed at considering the effects of healthcare consolidation to increase affordability and access to healthcare, which could have the opposite effect, say John Saran and Harshita Rathore at Holland & Knight and Robbie Allen at U.S. Heart and Vascular.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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How NY's FAIR Act Mirrors CFPB State Recommendations
New York's proposed FAIR Business Practices Act, which targets predatory lending and junk fees, reflects the Rohit Chopra-era Consumer Financial Protection Bureau's recommendations to states in a number of ways, including by defining "abusive" conduct and adding a new right to file class actions, says Christian Hancock at Bradley Arant.
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A Breakdown Of Trump's Order On Drug Pricing
The Trump administration may attempt to effectuate through rulemaking a recently issued executive order on lowering drug prices, which would likely have an adverse effect on stakeholders and trigger litigation, say attorneys at Debevoise.
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Takeaways From DOJ's 1st Wage-Fixing Jury Conviction
U.S. v. Lopez marked the U.S. Department of Justice's first labor market conviction at trial as a Nevada federal jury found a home healthcare staffing executive guilty of wage-fixing and wire fraud, signaling that improper agreements risk facing successful criminal prosecution, say attorneys at McGuireWoods.
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Bid Protest Spotlight: Size, Supply Schedules, SINs
In this month's bid protest roundup, Alissandra McCann at MoFo examines three recent decisions, two of which offer helpful reminders for U.S. General Services Administration schedule holders drafting blanket purchase agreement proposals, and one for small-business joint ventures to avoid running afoul of the U.S. Small Business Administration's two-year rule.
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Del. Bill Reflects Nat'l Tug-Of-War Between Cannabis, Alcohol
As Delaware's bill targeting hemp-derived THC beverages and ingestible products moves through the general assembly, it reads like a local regulatory fix — but in reality, it's a microcosm of a national power struggle playing out state-by-state across the cannabis frontier, says attorney Peter Murphy.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Only Certainty About FAR Reform Order Is Its Uncertainty
The president’s recent order overhauling the Federal Acquisition Regulation, which both contractors and agencies rely on to ensure predictability and consistency in federal procurement, lacks key details about its implementation, which will likely eliminate many safeguards that ensure contractors are treated fairly and that procurements are awarded in a reasonable manner, say attorneys at Miles & Stockbridge.
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Maintaining Legal Compliance For GenAI In Life Sciences
As companies continue to implement generative artificial intelligence to enhance all phases of drug discovery, they must remain mindful of legal, regulatory and practical considerations as best practices in this space emerge and evolve, say attorneys at Sullivan & Cromwell.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Gauging Professional Sport Biometric Data Privacy Concerns
In today's data-driven sports industry, teams, leagues and sponsors increasingly rely on biometric and performance data to enhance player performance, prevent injuries and optimize contract negotiations, but this growing reliance on highly sensitive data raises significant legal and privacy concerns, particularly in light of evolving biometric privacy laws, say attorneys at Foley & Lardner.
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Navigating The Expanding Frontier Of Premerger Notice Laws
Washington's newly enacted law requiring premerger notification to state enforcers builds upon a growing trend of state scrutiny into transactions in the healthcare sector and beyond, and may inspire other states to enact similar legislation, say attorneys at Simpson Thacher.