Health

  • March 14, 2024

    Feds Say Healthcare Ruling Could Upset Tribal Relationships

    The federal government is urging the U.S. Supreme Court to overturn a lower court's ruling that ordered Indian Health Services to reimburse millions in administrative healthcare costs, saying if the two tribes prevail in the litigation, it would upend 35 years of practice between the agency and its contracting tribes.

  • March 14, 2024

    Judge Applauds Attys' 'Very Awesome' Use Of Google AI Bot

    A California federal judge told counsel Thursday it's "very awesome" that their recently amended putative class action complaint alleging privacy violations against Google used Google's own AI tool to argue that Google Analytics illegally scoops personal data from healthcare providers' websites, but he doubted the viability of other pleadings.

  • March 14, 2024

    NC Tells Appeals Court Worker Was Transferred, Not Demoted

    The state of North Carolina has asked a state appeals court to uphold a state agency's determination that a Department of Health and Human Services employee was not unlawfully demoted, arguing that the facts indicate that the worker was merely reassigned.

  • March 14, 2024

    Colo. Surgery Center Can't Undo Contract Breach Verdict

    A Colorado appellate panel saw no reason to disturb a jury's half-million-dollar verdict finding a surgery center breached a contract with a management firm and failed to pay for work outside the contract, concluding that even if jurors got the wrong instructions, they wouldn't have made a different decision.

  • March 14, 2024

    Extended Workers' Comp Needs High Bar, NC Justices Told

    The North Carolina Department of Public Safety told the state's top court Wednesday that injured workers must clear a higher hurdle to keep collecting disability benefits after their initial workers' compensation runs out, saying an appellate court got it wrong by applying a more lax standard.

  • March 14, 2024

    Cannabis Cos. Say Federal Position On Pot Is Irrational

    The federal ban on marijuana is plainly irrational and negatively affects operators in state-regulated cannabis markets, depriving them of their constitutional rights, a group of marijuana companies told a Massachusetts federal judge on Friday.

  • March 14, 2024

    PE-Backed Latin American Healthcare Firm Prices $420M IPO

    Private equity-backed Latin American hospital operator Auna SA on Thursday set a price range on an estimated $420 million U.S. initial public offering, with plans to use the proceeds to repay debt and financing agreements.

  • March 14, 2024

    NJ Urologist Keeps Win In Prostate Procedure Med Mal Suit

    A New Jersey appeals panel won't let a man revive his claims alleging a urologist botched a prostate procedure resulting in his inability to ejaculate, finding the trial court was correct in finding that his standard of care expert should be excluded.

  • March 14, 2024

    8th Circ. Questions Patient Standing In ERISA Claims Dispute

    An Eighth Circuit panel appeared skeptical Thursday of reviving a suit from patients insured by UnitedHealth Group alleging a billing practice known as cross-plan offsetting violated federal benefits law, with judges questioning whether the patients sufficiently established injury.

  • March 14, 2024

    Health Co. Says Future Harm Risk Falls Short In Breach Suit

    New Jersey healthcare provider Capital Health System urged a Garden State federal judge on Wednesday to toss a proposed class action seeking damages as a result of a 2023 data breach, arguing that the plaintiffs failed to allege their personal identifying information was actually misused.

  • March 14, 2024

    2nd Circ. Backs Health System's Win In COVID Vax Bias Suit

    The Second Circuit declined Thursday to reopen a former NYC Health and Hospitals employee's suit alleging he was fired because he refused to get the COVID-19 vaccine in accordance with his Christian beliefs, saying his new arguments on appeal can't be considered.

  • March 14, 2024

    Feds Seek 20 Mos. For Aegerion Fraud 'Puppet Master'

    A pharmaceutical sales representative who gloated about being a "puppet master" for false insurance claims for Aegerion's cholesterol drug should serve 20 months in prison, the U.S. government has told a Boston federal judge.

  • March 14, 2024

    Ariz. AG Says Delta-8 THC Products Unlawful For General Sale

    Arizona's attorney general has issued a formal legal opinion finding that retailers who are not approved to sell marijuana cannot lawfully sell intoxicating products derived from hemp, such as products containing delta-8 THC and delta-10 THC.

  • March 14, 2024

    Drug Wholesalers Want Preliminary OK On $265M Sandoz Deal

    A group of direct purchasers of generic drugs has asked a Pennsylvania federal court for approval of a $265 million settlement with Swiss drugmaker Sandoz over allegations of federal antitrust violations.

  • March 14, 2024

    Trial Challenging NC Abortion Restrictions Pushed To July

    A July trial date has been set in a closely watched constitutional challenge seeking to dismantle a state law that restricts access to abortions in North Carolina after 12 weeks, marking a pushback from the court's earlier projected spring timetable for the trial.

  • March 14, 2024

    EPA Slashes Ethylene Oxide Emissions Levels For Sterilizers

    The U.S. Environmental Protection Agency on Thursday finalized new Clean Air Act standards that it said will reduce emissions of ethylene oxide from commercial sterilization facilities by 90%, an action the agency said is necessary to help reduce the impact of the carcinogen on communities.

  • March 13, 2024

    TriZetto's $200M Jury Awards Thrown Out In Syntel Dispute

    A New York federal judge on Wednesday vacated roughly $200 million in damages awards Cognizant affiliate TriZetto won in a trade secret misappropriation and copyright infringement suit against Syntel, ruling that the awards were improperly calculated.

  • March 13, 2024

    Ariz. Families Sue For Wrongful Death Amid Healthcare Scams

    The families of two Native American men are suing the state of Arizona and several of its entities, alleging that they're liable for their loved ones' deaths due to a lack of oversight on the "so-called sober living crisis" that led to one of the largest healthcare scandals in the state's history.

  • March 13, 2024

    9th Circ. Unsure If Abortion Pill Suit Harms Red States

    Two Ninth Circuit judges on Wednesday challenged Idaho and other Republican-led states' bid to intervene in Washington's lawsuit seeking to expand access to the abortion pill mifepristone, asking if the states could back up their claims of economic harm.

  • March 13, 2024

    HHS To Investigate Whether Cyberattack Exposed Patient Data

    The U.S. Department of Health and Human Services opened an investigation Wednesday into the cyberattack on Change Healthcare to determine whether the hack exposed patients' confidential data or violated other privacy protections.

  • March 13, 2024

    Hospital Asks NC Justices To Take Up Virus-Law Immunity Case

    Healthcare providers are pressing the North Carolina Supreme Court to review a lower court's finding that the state's COVID immunity law isn't fatal to a medical malpractice suit, warning that the decision would have drastic consequences on a liability shield from pandemic-related suits.

  • March 13, 2024

    Judge Says COVID Test Suit Depends On Conn. Justices

     A Connecticut federal judge trimmed several claims from a $783,000 suit over a COVID-19 testing bill that a health plan administrator allegedly failed to pay, but declined to rule on certain state law issues until the state's highest court can shed light on the statutes in an upcoming ruling.

  • March 13, 2024

    Hospital Manager Cements $3.5M Gabon Arbitration Award

    The Gabonese Republic must pay a $3.5 million arbitration award obtained by an Austrian healthcare management company, a D.C. federal judge ruled after the central African nation failed to appear in court.

  • March 13, 2024

    CoreCivic Beats Asylum-Seeker's Miscarriage Liability Suit

    A California federal judge handed CoreCivic Inc. a win Tuesday in a negligence lawsuit filed by an El Salvadorian asylum-seeker who alleged she miscarried while detained at the prison giant's immigration detention center near the U.S.-Mexico border, finding there to be no triable factual dispute over whether she miscarried in custody.

  • March 13, 2024

    Planned Parenthood Foe Calls Immunity Claim 'Half-Baked'

    Attorneys for a pseudonymous relator who sued Planned Parenthood over allegations that it improperly billed Medicaid programs urged the Fifth Circuit on Wednesday to reject the group's position that it was shielded by attorney immunity, calling the entity's argument "half-baked."

Expert Analysis

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Series

    ESG Around The World: Canada

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    In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.

  • 5 Legal Considerations For Psychedelic Therapy Sector

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    With multiple developments signaling the rise of psychedelic-assisted psychotherapy, it is imperative that clinicians understand unique legal nuances ranging from corporate formation to specialized insurance coverage, say Kimberly Chew and Natasha Sumner at Husch Blackwell.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • How Lease Obligations Can Affect Subchapter V Debt Cap

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    Two recent bankruptcy rulings in the Eastern District of Virginia and the Southern District of New York take opposite positions on whether unmatured lease obligations are considered noncontingent debt for the purposes of calculating debtors' Subchapter V eligibility, say Joseph Orbach and Henry Thomas at Thompson Coburn.

  • 11 Noteworthy CFPB Developments From 2023

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    Under Rohit Chopra’s leadership, 2023 was an industrious year for the Consumer Financial Protection Bureau, with developments including the release of the proposed personal financial data rights rule, publication of proposed rules involving public registries for nonbanks and the bureau's continuous battle against junk fees, all of which are sure to further progress in 2024, say attorneys at Husch Blackwell.

  • A Potential Proactive Tool For Public-Private Joint Ventures

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    In the current environment of heightened antitrust enforcement, the National Cooperative Research and Production Act seems tailor-made for the collaborative work among competitors encouraged by the Biden administration's infrastructure and green energy funding legislation, say Jeetander Dulani and Susan Ebner at Stinson.

  • Exploring Menopause Benefits: A Guide For Employers

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    With 64% of women surveyed in 2023 wanting employer-sponsored menopause benefits, companies that wish to recruit and retain female employees should consider updating both their healthcare plans and corporate culture to help these often-marginalized workers feel and perform their best, say Diane Dygert and Maria Rossi at Seyfarth.

  • Bracing For Calif.'s New Health Transaction Framework

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    As California's new cost and market impact review regulations' April 1 date for its updated notice and review process approaches, healthcare entities should ready themselves for dramatic changes to the state's regulatory landscape and prepare for potentially substantial transaction delays, say Jordan Grushkin and Matthew Goldman at Sheppard Mullin.

  • Uncharted Waters Ahead For FCA Litigation In 2024

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    Following a year of significant court decisions, settlements, recoveries and proposed amendments, 2024 promises to be a lively year for False Claims Act actions and litigation, and one that will hopefully provide more clarity as FCA jurisprudence evolves, say attorneys at Crowell & Moring.

  • ERISA Litigation Faces New Frontiers In 2024

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    As plaintiffs firms explore novel theories for recovery and the Department of Labor attempts to broaden the definition of an investment advice fiduciary, 2024 could see new types of Employee Retirement Income Security Act litigation after just 100 class actions were filed last year, say attorneys at Groom Law.

  • 5 Trade Secret Developments To Follow In 2024

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    Recent cases and trends in trade secret law indicate that significant developments are likely this year, and practitioners should be anticipating their impact on the business and legal landscape, say attorneys at Faegre Drinker.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Supreme Court Amgen Ruling's Major Effect On Enablement

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    The U.S. Supreme Court's Amgen v. Sanofi invalidity holding continues to significantly affect technologies and all aspects of the patent system by providing confidence in the Federal Circuit's approach and a clearer understanding on enforceability and the disclosure needed for compliance, say Irena Royzman and Daniel Williams at Kramer Levin.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

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