Health

  • March 18, 2024

    Hospital Network Let $1B Plan Pay Excessive Fees, Suit Says

    A Northern California hospital network cost workers millions of dollars by failing to leverage the "mammoth" size of its retirement plan to get a better deal on recordkeeping and administrative fees, according to a proposed class action.

  • March 18, 2024

    Doctor Can't Yank NBA Fraud Plea, Feds Insist

    Prosecutors have told a Manhattan federal judge that a doctor accused of assisting a group of NBA players in creating false documents to defraud the league's healthcare plan shouldn't be allowed to yank his guilty plea, arguing evidence shows his guilt and that too much time has passed.

  • March 18, 2024

    Doctors Keep Win In Suit Over Patient's Drowning Death

    A Georgia appeals court won't revive claims from the parents of a man who died by drowning after he was discharged from an Augusta hospital, saying the death is too far removed from his treatment and discharge, and the court can only speculate as to what led to the death.

  • March 18, 2024

    High Court Declines To Review Appeal Of EMT Liability Suit

    The U.S. Supreme Court on Monday declined to take up an appeal of a Tenth Circuit decision finding a group of EMTs had qualified immunity in a suit alleging their failure to secure the neck of a man who'd been injured in a bar fight caused his death.

  • March 16, 2024

    Up Next At High Court: Gov't Jawboning & Retaliatory Arrests

    The U.S. Supreme Court has a packed oral arguments calendar this week that includes disputes over the Biden administration's work with social media companies to combat misinformation, the appropriate evidence standard for bringing retaliatory arrest claims and whether the federal government can object to a consent decree entered into by three states.

  • March 15, 2024

    Judiciary Clarifies Judge Shopping Policy After Senator Letter

    The Judicial Conference of the United States said Friday that its updated policy aimed at preventing litigants from shopping for the judge of their choice is not intended to overstep judges' authority or discretion under the law, issuing guidance one day after Republican senators pushed back against the policy.

  • March 15, 2024

    8th Circ. Nixes Arbitration Bid In $9M Chinese PPE Fight

    The Eighth Circuit on Thursday refused to force a Chinese manufacturer of personal protective equipment to arbitrate its $9 million dispute over unpaid invoices with a U.S. distributor, ruling in a published opinion that the underlying pact containing an arbitration clause was never consummated.

  • March 15, 2024

    'Perplexed' Mich. Panel Restores Eye Doc's $227K Fee Award

    An ophthalmologist who emerged victorious from a decade-long battle over a noncompete agreement with his previous employer should not lose his attorney fee award because of late-breaking evidence that undermined his win, a Michigan state appeals court has ruled.

  • March 15, 2024

    Ohio Obstetrician Keeps Trial Win In Suit Over Baby's Death

    An Ohio state appeals court has refused to overturn a trial win for an obstetrician accused of medical malpractice in the delivery of an infant who died shortly after birth, finding that the parents aren't allowed to question the doctor about whether his hospital privileges were pulled following the death.

  • March 15, 2024

    Harris Urges DOJ To Wrap Pot Review 'As Quickly As Possible'

    Vice President Kamala Harris urged the U.S. Department of Justice on Friday to complete its review of marijuana's control status "as quickly as possible," saying it was "absurd" and "patently unfair" to keep the drug in the same highly restrictive tier as heroin.

  • March 15, 2024

    9th Circ. Pauses Benefits Case Awaiting UBH Challenge

    The Ninth Circuit has told a trial court to halt what United Behavioral Health has called an improper revival of a proposed class action alleging the insurance company illegally denied coverage for mental health and substance abuse treatment.

  • March 15, 2024

    'Cobra Venom' Painkiller Co. Inks Deal To Settle SEC Claims

    A penny stock company that previously held itself out as a maker of cobra venom-infused pain drugs has agreed to resolve U.S. Securities and Exchange Commission fraud claims, according to court filings that note the company's two principals have also reached a settlement.

  • March 15, 2024

    Ohio Ambulance Co. Says HR Firm Botched Tax Returns

    An Ohio ambulance company accused its human resources management firm of failing to accurately prepare and submit amended tax returns that would have allowed the company to claim pandemic-era tax credits, according to a complaint filed in an Ohio federal court.

  • March 15, 2024

    Pa. University Knocks Out Surgeon's $15M Sex Bias Win

    A Pennsylvania federal judge has erased a $15 million verdict won by a surgeon who said Thomas Jefferson University ignored his claims that a female resident sexually assaulted him, ruling that text messages he sent warranted a new trial.

  • March 15, 2024

    Hospitals Say Constitutional Defenses Valid In FTC Merger Row

    Two North Carolina hospital systems shot back at the Federal Trade Commission's contention that constitutional defenses are immaterial to the agency's challenge of a $320 million merger plan, arguing that case law shows that striking the positions would be premature.

  • March 15, 2024

    Ex-Fugitive Behind Fake Silver COVID Cure Pleads Guilty

    A former fugitive who was accused of peddling a phony, silver-based treatment for diseases such as COVID-19 pled guilty Thursday just before opening statements were set to begin at his fraud trial.

  • March 15, 2024

    Conservative Law Group Asks Justices To Hear FDA Vape Suit

    A free-market advocacy group and a vape industry association are urging the U.S. Supreme Court to upend the U.S. Food and Drug Administration's decision denying a manufacturer permission to sell flavored vapes, arguing that the FDA is "moving the goalposts" when it comes to what kind of data is needed when applying.

  • March 14, 2024

    Dallas Hospital Says Woman Wasn't Fired For Blowing Whistle

    Methodist Hospital of Dallas says it didn't retaliate against an employee who accused the hospital of undercounting patients who acquired conditions while hospitalized, asking a federal judge Wednesday to rule that it followed the Texas Health and Safety Code.

  • March 14, 2024

    Lawmakers Secure $1.3B For Native American Housing

    A record $1.34 billion will go toward Native American housing programs as part of an appropriations package passed by Congress, a $324 million increase over last year's funding.

  • 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.

Expert Analysis

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • How Biotech Deals May Help Competition, Despite FTC View

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    The Federal Trade Commission's complaint against Sanofi's proposed partnership with Maze Therapeutics highlights increasing skepticism of so-called killer acquisitions, but a closer look reveals potentially legitimate reasons behind why entities might decide to delay or abandon the development of acquired products, say consultants at Analysis Group.

  • Health Policy Legislative Landscape May Remain Frozen

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    With Congress again delaying the full resolution of fiscal year 2024 federal spending legislation, there is now an additional window in which Congress could work through several priority issues for healthcare stakeholders, though these issues are unlikely to be resolved in time, say attorneys at Faegre Drinker.

  • Expediting Psychedelics Approvals In The US And Canada

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    Accelerated regulatory pathways for psychedelics in the U.S. and Canada play a pivotal role in the progression of drugs, devices and novel therapies toward commercialization, say Kimberly Chew at Husch Blackwell, and Ana Dukic and Sabrina Ramkellawan at AxialBridge.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Despite HHS Opinion, Gift Card Giveaways Require Caution

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    Though the U.S. Department of Health and Human Services' Office of Inspector General recently determined that a healthcare consulting firm's gift card plans do not violate the Anti-Kickback Statute, the opinion does not suggest blanket approval for providing gift cards in exchange for referrals, say Ragini Acharya and Matthew Deutsch at Husch Blackwell.

  • How Merck Settlement Can Inform Cyberinsurance Approach

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    This month's settlement in Merck v. ACE spotlights how cyber exclusions have evolved since the significant decision in the case — allowing for insurance coverage despite the presence of a policy war exclusion — and where else corporate risk managers may look for coverage in case of a cyberattack, say attorneys at McGuireWoods.

  • Staying Ahead Of The AI Policymaking Curve

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    With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Notes Of Interest From 5th Circ. Illumina-Grail Merger Ruling

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    Attorneys at Simpson Thacher consider the Fifth Circuit's recent decision upholding the Federal Trade Commission's challenge of the Illumina merger with Grail, its much-needed boost to the Biden administration's antitrust agenda, and some silver linings the decision offers to merging parties.

  • DOJ's Biopharma Settlement Raises Anti-Kickback Questions

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    In the aftermath of the U.S. Department of Justice's settlement with Ultragenyx over genetic testing programs, it may be prudent to reevaluate genetic tests through the lens of the Anti-Kickback Statute and reconsider whether it is proper for free testing programs to be treated like patient assistance programs, says Mary Kohler at Kohler Health Law.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

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