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Health
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September 04, 2025
PBM Rule Included In DOL Benefits Arm's Regulatory Update
The U.S. Department of Labor's employee benefits arm detailed several new regulations in the works Thursday, including a new fee disclosure rule involving pharmacy benefit managers and plans to revisit retirement plan fiduciary investment advice regulations, according to the administration's latest regulatory update.
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September 04, 2025
Purdue Pharma Approved For $17.5M In Ch. 11 Bonus Plans
Bankrupt pharmaceutical company Purdue Pharma LP received approval from a New York judge Thursday to pay more than $17.5 million in employee bonuses, mirroring the bonus structures of the last few years since the company commenced its Chapter 11 case.
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September 04, 2025
Ohio Cannabis Card Network Sued Over Faulty Cybersecurity
An Ohio man is suing Ohio Medical Alliance LLC in federal court, alleging that its lackluster cybersecurity measures exposed more than 950,000 records containing private health information for its users.
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September 03, 2025
9th Circ. Affirms Toss Of Satanists' Idaho Abortion Ban Suit
The Ninth Circuit refused to revive the Satanic Temple's lawsuit that challenged Idaho's laws criminalizing abortion, ruling in a published amended opinion Tuesday that the religious association of more than 1.5 million Satanists lacked standing to sue, both based on its members and as an organization.
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September 03, 2025
How Morgan & Morgan Got Ousted As Top Federal Tort Filer
Heavyweight injury firm Morgan & Morgan PA was ousted from the top spot for most federal court filings in the past three years thanks to more than 2,000 individual cases filed in Mississippi over drinking water there, according to a new analysis by Lex Machina, whose rich trend data also shows how other firms fared over the same period.
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September 03, 2025
Atty's 'Highly Prejudicial Falsehood' Sparks Med Mal Retrial
A Pennsylvania appellate panel has overturned a patient's trial win in a medical malpractice suit over a foot amputation, saying plaintiff's counsel's "highly prejudicial falsehood" to the jury during opening statements "tainted the trial at its inception" and warranted a new trial.
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September 03, 2025
Insurance Firm Adds Texas Office As Claim Denials Spike
Your Insurance Attorney announced Wednesday that it has opened a new office in Houston, noting that the property and casualty insurance firm's expansion comes as the state faces worsening hurricane seasons and higher levels of insurance claim denials.
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September 03, 2025
Fla. Surgeon General Pushes To End State's Vaccine Mandates
Florida's surgeon general on Wednesday said he intends to work toward undoing all of the state's vaccine mandates, including for schoolchildren.
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September 03, 2025
Weil, Cooley Lead Remedy Meds' $500M Thirty Madison Buy
Consumer virtual-care and pharmacy platform Remedy Meds LLC, advised by Weil Gotshal & Manges LLP, on Wednesday announced plans to buy virtual specialized healthcare company Thirty Madison Inc., led by Cooley LLP, in an all-stock deal valued just upwards of $500 million.
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September 03, 2025
Judge Backs Harvard In Suit Over Trump's $2B Fund Freeze
The Trump administration illegally froze more than $2 billion in grants earmarked for Harvard University when it failed to offer an explanation as to how cutting the funds addressed the government's stated goal of ending antisemitism on campus, a Massachusetts federal judge ruled Wednesday.
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September 03, 2025
Novartis Inks Up To $5.2B Deal With Chinese Cardio Biotech
China's Argo Biopharmaceutical Co., a biotechnology company developing RNA-based medicines, said Wednesday it has struck an up to $5.2 billion deal with Novartis to advance several treatments for heart and blood vessel conditions.
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September 03, 2025
Insurer Escapes Duty To Cover Lab's Suit Over COVID Tests
Continental Casualty Co. is not obligated to cover a Pennsylvania laboratory in an underlying lawsuit brought by a COVID-19 test manufacturer that accuses the lab of neglecting its responsibilities and falsely disparaging its tests, a Pennsylvania federal judge ruled Friday, finding the claims are barred due to two exclusions within the insurer's policy.
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September 03, 2025
Sports Doctor Group Can't Ditch $8.5M Patient Death Verdict
A Connecticut appeals panel won't let surgical group Orthopaedic Sports Specialists PC out of an $8.5 million wrongful death verdict in a suit from the estate of a patient who died after a knee replacement, rejecting its arguments challenging the trial court's handling of witness examination.
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September 03, 2025
NJ Health Biz Can't Move Data Privacy Suit To NY
A New Jersey federal judge has denied a healthcare company's request to transfer a proposed information privacy class action to the Eastern District of New York, ruling that New Jersey is the proper venue for the case to proceed because that is where the alleged conduct occurred.
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September 03, 2025
Arkansas Insurance Rule Beats Union Plan's ERISA Challenge
An Illinois federal judge has tossed a Teamsters healthcare plan's challenge to an Arkansas insurance regulation that aims to protect local pharmacies from under-reimbursement for prescription drugs, saying the regulation doesn't tread on the Employee Retirement Income Security Act's territory.
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September 03, 2025
BakerHostetler Adds King & Spalding Health Pro In Atlanta
A longtime King & Spalding LLP attorney has brought her healthcare practice to BakerHostetler in Atlanta, the firm announced Wednesday.
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September 02, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
For appellate attorneys feeling sad summer's over, September's circuit calendars are here to help with argument topics — including the former Meghan Markle, an ex-Jones Day lawyer's religious liberty suit and $17 million in fees after "a vigorous litigation battle" between BigLaw firms — offering enough intrigue to vanquish any autumn ennui.
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September 02, 2025
5th Circ. Judge Says Reimbursement Drop 'Not Chicken Feed'
A U.S. Circuit judge pushed the government to explain the policy rationale behind lowering how much hospitals can recoup in Medicare reimbursements for treating low-income patients who use state-specific programs, saying Tuesday the rule was seemingly aimed at "screwing these hospitals out of reimbursements."
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September 02, 2025
9th Circ. Rejects Unvaxxed Firefighters' Discrimination Appeal
A Ninth Circuit panel declined on Tuesday to revive a group of Washington firefighters' suit against their employer for refusing them religious exemptions from a state COVID-19 vaccination mandate, concluding the fire agency would've faced "substantial costs" had it allowed them to continue working without the shot in 2021.
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September 02, 2025
DOJ Accuses Nonprofit Nursing Home Chain Of FCA Violations
The U.S. Department of Justice has intervened in a whistleblower suit against nonprofit nursing home operator ProMedica, alleging a "systematic and pervasive" pattern of understaffing that resulted in "grossly substandard" or non-existent care for Medicare and Medicaid beneficiaries, in violation of the False Claims Act.
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September 02, 2025
$33M Pfizer Antitrust Deal OK'd, First MDL Trial Date Set
A Pennsylvania federal judge has granted preliminary approval for a $33 million settlement between Pfizer and a class of direct purchasers claiming it fixed the prices of generic drugs, while also setting a date for the first bellwether trial in the antitrust litigation.
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September 02, 2025
Confusion Over Slashed Patent Verdict Vexes Fed. Circ. Judge
An attorney for Rex Medical butted heads with a Federal Circuit judge Tuesday over what a lower court actually did when it reduced a $10 million patent infringement verdict against Intuitive Surgical Inc. to $1, with the judge appearing frustrated by the confusion.
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September 02, 2025
Care Facility Not Covered In Patient Death Suits, Insurer Says
An insurer said it has no duty to defend or indemnify a long-term nursing care facility in four wrongful death suits, telling an Illinois federal court that general liability and professional liability coverage is barred by a number of policy exclusions.
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September 02, 2025
CooperSurgical Says Earlier Cases Sink Conn. Filshie Clip Suits
CooperSurgical Inc. on Tuesday asked a Connecticut state judge to issue a win in its favor against several groups of women who say their birth control clips detached and migrated inside their bodies, accusing the women of forum shopping after their claims failed in several other states.
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September 02, 2025
FDA's New Cigarette Warning Label Rule Tossed By Ga. Judge
A Georgia federal judge has vacated a U.S. Food and Drug Administration rule that would add graphic warnings to cigarette labels, saying that while the rule wasn't in violation of the Family Smoking Prevention and Tobacco Control Act, it was promulgated without "observance of procedure required by law."
Expert Analysis
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Opinion
Fla. Misses Opportunity To Rectify Wrongful Death Damages
Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.
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Budget Act Should Boost Focus On Trade Compliance
Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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New Colo. Teen Privacy Rules Signal National Regulatory Shift
Recently released proposed rule amendments to the Colorado Privacy Act that would create some of the most robust protections for minors' online data in the U.S. reflect an ongoing trend of states taking steps to extend privacy protection for their residents, complicating the compliance burden for companies, say attorneys at Morgan Lewis.
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A Shifting Trend In FDA Form 483 Disclosure Obligations
A New York federal court's Checkpoint Therapeutics decision extends a recent streak of dismissals of securities class actions alleging that pharmaceutical companies failed to disclose U.S. Food and Drug Administration Form 483 inspection reports, providing critical guidance for companies during the FDA approval process, say attorneys at Alston & Bird.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Mitigating Employer Liability Risk Under Sex Assault Rule
The American Law Institute's newly approved rule expands vicarious liability to employers for certain sexual assaults that employees commit, which could materially increase employers' exposure unless they strengthen safeguards around high-risk roles, say attorneys at Morgan Lewis.
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Breaking Down The Proposed Hemp Bill
A proposed bill in the U.S. House of Representatives, recently approved by the House Appropriations Committee, contains a rider that would significantly change the definition of hemp and dramatically reshape the current hemp-derived product market, say attorneys at King & Spalding.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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Lessons Learned 3 Years After First CCPA Enforcement Action
Three years after the first public enforcement action under the California Consumer Privacy Act, Attorney General Rob Bonta has pursued a steady stream of enforcement actions across industries, providing a clearer picture of how the law is being interpreted and enforced, says Tatum Andres at Kilpatrick.
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How To Prep For Potential Passage Of SAFER Banking Act
The Secure and Fair Enforcement Regulation, or SAFER, Banking Act, could fundamentally reshape how financial institutions interact with cannabis businesses, so operators that move now to get their house in order will be best positioned to capitalize if and when change comes, says Alex Leonowicz at Howard & Howard.
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The Future Of Lab-Test Regs After FDA Rescinds Rule
The U.S. Food and Drug Administration recently rescinded its laboratory-developed tests rule in response to a Texas federal court decision this spring, reinforcing a separation of authority between the FDA and the Centers for Medicare & Medicaid Services, and calling into question the FDA's role in overseeing such tests without congressional action, say attorneys at Venable.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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Opinion
8th Circ. Should Reaffirm False Commercial Speech's Nature
The Eighth Circuit in Goldfinch Laboratory v. Iowa Pathology Associates should assert that false commercial speech is not categorically immune from antitrust scrutiny, says Daniel Graulich at the Federal Trade Commission.