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Health
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June 27, 2025
Justices Salvage FCC Subsidy Fees, Reversing 5th Circ.
The U.S. Supreme Court on Friday upheld the funding mechanism for the Federal Communications Commission's $9 billion Universal Service Fund used to subsidize low-income phone service, rural broadband, and school, library and healthcare telecommunications connectivity.
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June 27, 2025
Justices Back Task Force That Sets ACA Care Requirements
The U.S. Supreme Court ruled Friday that the U.S. Department of Health and Human Services' secretary had authority over a preventive care task force, rejecting a constitutional challenge to an Affordable Care Act clause that requires health insurers to cover certain treatments at no cost to patients.
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June 27, 2025
Justices Limit Universal Injunctions But Defer On Citizenship
The U.S. Supreme Court ruled Friday that President Donald Trump can partially implement his executive order aimed at limiting birthright citizenship, in a ruling that significantly limits the ability of federal district court judges to issue nationally applicable orders against presidential edicts and policy initiatives.
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June 26, 2025
Teladoc Can't Shake Most Of Suit Over Meta Pixel Data Sharing
A New York federal judge refused to toss a proposed class action accusing Teladoc of unlawfully disclosing website visitors' personal health information to Meta, preserving eight wiretapping and consumer protecting claims under federal and several state laws while giving the plaintiffs a chance to amend negligence and three other allegations.
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June 26, 2025
Phillip Morris Moves To Arbitrate Rivals' Tobacco Deal Suit
Philip Morris USA is urging a Washington state judge to force arbitration in a dispute with R.J. Reynolds and other tobacco companies over deals delineating billions of dollars in annual payments owed to states under Big Tobacco's 1998 master settlement agreement.
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June 26, 2025
Nurse Wins $27M In Retaliation Case Against Dignity Health
A former chief nursing officer who sued the West Coast hospital system Dignity Health alleging she was illegally terminated for raising serious safety concerns was awarded $27.5 million from a Los Angeles jury, her attorneys announced Thursday.
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June 26, 2025
Flaws In Expert Report Doom Mass. Suit Over Patient's Death
A Massachusetts appellate court on Thursday affirmed the dismissal of a medical malpractice suit blaming a physician assisting on a gastric sleeve surgery for the patient's death, saying the plaintiff's expert failed to identify the relevant standard of care for the assisting doctor.
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June 26, 2025
Fla. Lawyers Suspended For Online Criticism Of Judge
Florida's high court on Thursday approved a one-month suspension for a father-daughter team of attorneys for their online comments criticizing a judge who reversed a $2.75 million jury verdict in favor of a doctor who sued for discrimination, finding that there were also mitigating factors in the attorneys' cases.
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June 26, 2025
Hims & Hers Face Investor Suits Over Wegovy Collab
Telehealth company Hims & Hers Health Inc. has been hit with investors' proposed class actions accusing it of exploiting its partnership with Novo Nordisk, the distributor of weight loss drug Wegovy, to sell "knockoff" drugs, causing Hims shares to fall 35% when Novo Nordisk announced earlier this week the collaboration had been terminated.
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June 26, 2025
Biotech Co. Must Face Investor Suit Over Misleading Claims
Biotech company CytoDyn and its former executives and directors cannot escape a suit accusing them of misleading shareholders about the likelihood that the U.S. Food and Drug Administration would approve its drug the company claimed had the potential to treat HIV and COVID-19.
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June 26, 2025
UHC Accused Of Withholding $2M In Claims From NC Provider
UnitedHealthcare Insurance Co. siphoned millions of dollars from a North Carolina emergency medicine provider in an "extortionate scheme" by refusing to pay its customers' emergency medical claims, the provider has alleged in North Carolina federal court.
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June 26, 2025
6th Circ. Backs Mich. Newborn Blood Testing Program
A Sixth Circuit panel reversed a win for a group of parents challenging a Michigan newborn health screening program, finding that the way blood samples are stored and used in the program does not violate the parents' right to make medical decisions for their children.
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June 26, 2025
Kimberly-Clark Inks $4.15M Deal In Gown Fraud Suit
Kimberly-Clark Corp. has agreed to pay $4.15 million to settle a suit brought by a doctor on behalf of the federal government alleging it violated the False Claims Act by falsely claiming its surgical gowns protected against contagious diseases.
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June 26, 2025
Ga. Panel Affirms $6.5M Verdict, $1.8M Fees Over Brain Injury
A Georgia appellate panel said Thursday that a woman who said she was left permanently disabled while recovering from knee replacement surgery can keep her $6.5 million verdict, along with $1.8 million in attorney fees, ruling that neither award was unreasonable in the medical malpractice suit.
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June 26, 2025
Ex-FDA Regulator Joins ArentFox Schiff's Pharma Practice
ArentFox Schiff LLP has hired a career U.S. Food and Drug Administration compliance professional, whose oversight focused on ensuring pharmaceutical industry participants' compliance with drug supply chain rules and other governing regulations, as counsel in the firm's food, drug, medical device and cosmetic practice in Washington.
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June 26, 2025
Former Hoops Star Telfair Gets 6 Mos. For Violating Release
A Manhattan federal judge sentenced former high school basketball star and ex-NBA player Sebastian Telfair to six months in prison Thursday for violating the terms of his supervised release, after sparing him prison last year for defrauding the league's health plan.
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June 26, 2025
NC Pathology Lab Patient Drops Data Breach Class Action
A North Carolina woman walked away Thursday from a putative class action that alleged a pathology practice failed to safeguard 235,000 patients' private data, including protected medical and insurance information and Social Security numbers.
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June 26, 2025
Justices Say SC Medicaid Patient Can't Sue To Pick Provider
The U.S. Supreme Court on Thursday ruled that a patient can't challenge South Carolina's decision to kick Planned Parenthood from the state Medicaid program because it includes abortions among its services.
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June 25, 2025
TCPA Litigants Brace For 'Seismic Shift' After Deference Blow
The U.S. Supreme Court's backing of broad judicial review for the crush of regulatory orders interpreting the Telephone Consumer Protection Act is poised to turn the litigation landscape on its head, as key statutory determinations that have long been viewed as settled matters are suddenly ripe for scrutiny.
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June 25, 2025
Cigna Says Bristol-Myers Delayed Cancer Drug Generic
Cigna has launched an antitrust suit in New York federal court accusing Bristol-Myers Squibb Co. and its Celgene subsidiary of fraudulently obtaining patents, filing sham litigation and paying off generic-drug makers to maintain a monopoly on their blockbuster blood-cancer drug Pomalyst.
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June 25, 2025
OTC Pills Are Opioid In Disguise, Consumer Says
A Georgia company that produces an over-the-counter supplement branded as "ZaZa" was hit with a proposed class action Tuesday from a consumer who said the supplement's active ingredient is a highly addictive substance with effects comparable to opioids, which the manufacturer has hidden from consumers.
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June 25, 2025
Anti-Aging Biotech Startup Minovia Inks $180M SPAC Merger
Minovia Therapeutics Ltd., an Israeli startup developing treatments for age-related decline, plans to go public in the U.S. at a $180 million valuation by merging with special purpose acquisition company Launch One Acquisition Corp., both parties announced Wednesday.
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June 25, 2025
Michigan Man Gets 2 Years In 'Despicable' Pill, Fraud Scheme
A Michigan resident was sentenced Wednesday to two years in prison by a Massachusetts federal judge who called the defendant's role in a prescription pill smuggling and pandemic aid fraud scheme "despicable."
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June 25, 2025
Late Conn. Doc's Estate To Defend Insemination Fraud Cases
The patients of a recently deceased Connecticut fertility doctor have asked a state court to substitute his estate as the defendant in their lawsuit, which claims the doctor secretly inseminated women with his own sperm in the 1980s.
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June 25, 2025
Feds Say Vet Failed To Back VA Malpractice Claim At Trial
The U.S. government is urging a Washington federal court to give it a win following a bench trial on a suit brought by a Navy veteran and former Department of Veterans Affairs nurse alleging that malpractice by her VA psychiatrist led to an episode in which she stabbed her mother with a knife.
Expert Analysis
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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.
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Deregulation Memo Presents Risks, Opportunities For Cos.
A recent Trump administration memo providing direction to agencies tasked with rescinding regulations under an earlier executive order — without undergoing the typical notice-and-review process — will likely create much uncertainty for businesses, though they may be able to engage with agencies to shape the regulatory agenda, say attorneys at Blank Rome.