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Health
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May 22, 2024
Wash. Health System Wants $230M Worker Class Win Axed
A Washington hospital system is seeking to derail a nearly $230 million judgement in favor of workers in a class wage case, contending the plaintiffs' key expert who testified at a state court trial recommended that jurors calculate damages based on a flawed equation that didn't account for differences in pay classifications.
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May 22, 2024
Nursing Home Asks Ill. Justices For Broad COVID Immunity
An Illinois nursing home facing wrongful death suits over an outbreak of COVID-19 told the state's highest court Wednesday that plaintiffs were trying to have it "both ways," by claiming Gov. J.B. Pritzker's grant of pandemic-related immunity to healthcare facilities was both clear and ambiguous.
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May 22, 2024
Justices' CFPB Alliance May Save SEC Courts, Not Chevron
A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.
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May 22, 2024
FDA Must Act On Sexual Side Effects Of SSRIs, Suit Says
The Food and Drug Administration should be forced to warn the public about the serious sexual side effects of a certain class of depression medications after sitting on a petition asking it to do just that for more than six years, a new lawsuit says.
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May 22, 2024
Boies Urges Judge To Rethink Precedential Cannabis Case
Attorney David Boies, representing a group of cannabis companies challenging federal marijuana prohibition, told a Massachusetts federal judge Wednesday that his clients' case should proceed because a U.S. Supreme Court case governing marijuana policy is out of date.
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May 22, 2024
Ga. Hospital Says Own Bylaws Are Not Grounds For Suit
Counsel for a major Georgia hospital urged a state appellate court Wednesday to shut down a lawsuit from a doctor who said the medical center poached his patients, arguing that the hospital gets to "enjoy broad authority" about whom its doctors treat.
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May 22, 2024
Doc Gets 3 Mos. For Alexion Trades Despite 'Meaningful Job'
A doctor was sentenced to three months in prison Wednesday for insider trading on an Alexion Pharmaceuticals acquisition, with a Manhattan federal judge saying the defendant's treatment of critically ill, underserved kidney disease patients does not amount to a "get out of jail free card."
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May 22, 2024
Mo. Court Upholds Dentist's Malpractice Trial Win
A patient who sued a St. Louis-area dentist over alleged injuries she suffered during removal of her wisdom teeth can't upend a jury verdict in favor of the surgeon, a Missouri appeals court ruled, saying the trial court was right to deny efforts to impeach a witness on nonessential issues.
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May 22, 2024
NC Panel Revives Retention Claim In Faulty Back Surgery Suit
A North Carolina appeals court has revived a family's negligent retention claim against a clinic over a doctor who was ousted from the profession for unnecessary and faulty surgeries, finding the claim does not fall under the state's four-year statute of repose for medical malpractice claims.
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May 22, 2024
NJ Law Firm Sued For Allegedly Botching Med Mal Action
New Jersey law firm Bramnick Rodriguez Grabas Arnold & Mangan LLC has been hit a legal malpractice lawsuit in state court from a former client alleging the firm botched a medical malpractice action by failing to submit an expert report.
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May 22, 2024
Anti-Abortion Activist Gets Two Years For DC Clinic Blockade
An anti-abortion activist convicted of invading and blockading a Washington, D.C., reproductive health clinic was sentenced to two years of incarceration Wednesday, becoming the ninth defendant to get prison time in the D.C. federal court case.
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May 22, 2024
Dallas-Based PE Firm Clinches $285M Fund Above Target
Dallas-based private equity shop Riata Capital Group on Wednesday announced that it clinched its second private equity fund above target with $285 million in tow.
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May 22, 2024
Covington Reps As Biogen Makes $1.8B Bet On HI-Bio
Biogen Inc. said Wednesday it has agreed to purchase Human Immunology Biosciences, or HI-Bio, a San Francisco-based biotechnology company working on targeted therapies for severe autoimmune diseases, in a deal that could see Biogen pay up to $1.8 billion.
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May 21, 2024
Ex-AUSA Blames Inexperience For Outcome Forfeiture Error
Former prosecutors who pursued the $1 billion fraud trial against Outcome Health executives said Tuesday they never suspected their asset restraint efforts were an overreach, noting they lacked the expertise to notice potential mistakes themselves.
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May 21, 2024
2nd Circ. Partially Backs Win For Nurses' Union Pension Plan
In a 90-page opinion, the Second Circuit on Tuesday mostly upheld a Manhattan federal judge's decision affirming an arbiter's award favoring a nurses' pension plan, agreeing that White Oak Global Advisors LLC must return "Day 1" fees totaling nearly $2 million and pay prejudgment interest said to top $22 million.
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May 21, 2024
DC Circ. Says Drugmakers Can Limit Pharmacy Discounts
The D.C. Circuit held Tuesday that a federal drug discount program does not bar manufacturers from restricting deliveries of discounted drugs to contract pharmacies, rejecting the U.S. Department of Health and Human Services' expansive interpretation of the 340B drug pricing program.
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May 21, 2024
MetLife Workers Tell 3rd Circ. Higher Premiums Give Standing
A group of MetLife Group Inc. retirees insisted to the Third Circuit on Tuesday that they would have had lower health insurance premiums had MetLife not kept millions in pharmacy rebates, and that MetLife's actions gave them standing to sue — or at least to seek more information on how the company should spend the money.
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May 21, 2024
Mich. Judge Doubts Abortion Laws Pass Constitutional Muster
A Michigan state judge on Tuesday was skeptical state regulators could impose a waiting period and other requirements on people seeking abortions without violating a state constitutional amendment enshrining the right to abortion.
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May 21, 2024
Ga. Court Says No Medical Expert Needed In Patient Fall Suit
A Georgia appeals court on Tuesday reinstated a suit seeking to hold a physician and a medical assistant liable for a patient's injuries suffered in a fall during an appointment, saying because the claim against the assistant is ordinary negligence, the suit was wrongly dismissed for lack of medical expert testimony.
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May 21, 2024
NY High Court Upholds State Abortion Coverage Mandate
New York's highest court on Tuesday upheld a state law requiring employee health plans to cover medically necessary abortions, finding a 2021 U.S. Supreme Court decision didn't change the state court's determination that an exemption process in the law was constitutional.
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May 21, 2024
Counties Not 'Persons' In Texas Opioid MDL Appeal
A Texas appeals panel found Tuesday that counties are not considered "persons" under the state's common law and therefore are not subject to the Texas Medical Liability Act's requirement that they serve expert reports to pharmacy defendants in the state's opioid multidistrict litigation.
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May 21, 2024
PE Firms Close Separate Funds With Nearly $1.3B Total In Tow
Winston & Strawn LLP-advised private equity shop Paceline Equity Partners LLC and Kirkland & Ellis LLP-advised private equity firm Eir Partners on Tuesday separately announced that they have clinched funds totaling nearly $1.3 billion combined, with the former's fund focusing on corporate debt and real assets and the latter's targeting healthcare technology investments.
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May 21, 2024
Ga. Says Feds Shouldn't Prevail In Medicaid Expansion Suit
Georgia urged a federal judge on Monday not to rule in favor of the Biden administration in its suit attempting to keep its Medicaid program for low-income residents running until 2028, arguing the government has "no authority" to make it apply for a program extension when "illegal acts" delayed the program's launch.
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May 21, 2024
Baker Donelson Lands Health Law Pair From Nelson Mullins
Baker Donelson Bearman Caldwell & Berkowitz PC has added to its health law group and data protection, privacy and cybersecurity team two attorneys who previously worked at Nelson Mullins Riley & Scarborough LLP.
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May 21, 2024
Strategic Hiring Was The New Normal For BigLaw In 2023
The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.
Expert Analysis
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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HHS Opioid Rule Generally Benefits Providers And Patients
The U.S. Department of Health and Human Services' newly effective rule, the first substantial change to opioid treatment programs and delivery standards in over 20 years, significantly expands access and reduces stigma around certain medications, though the rule is narrow in scope and does have some limitations, say attorneys at Alston & Bird.
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The Multifaceted State AG Response To New Technologies
In response to the growth of technologies like artificial intelligence, biometric data collection and cryptocurrencies across consumer-facing industries, state attorneys general are proactively launching enforcement and regulatory initiatives — including bipartisan investigations and new state AI legislation, say Ketan Bhirud and Emily Yu at Cozen O'Connor.
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CORRECTED: Endoscope Patent Case Offers Guidance On Right To Repair
An Alabama federal court's decision in Karl Storz v. IMS reaffirmed that product owners have broad rights to repair or modify their property as they see fit, highlighting the parameters of the right to repair in the context of patent infringement, say Dustin Weeks and Dabney Carr at Troutman Pepper. Correction: Due to an editing error, a previous version of this article and headline attributed the Karl Storz ruling to the wrong court. The error has been corrected.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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2 Recent Suits Show Resiliency Of Medicare Drug Price Law
Though pharmaceutical companies continue to file lawsuits challenging the Inflation Reduction Act, which enables the federal government to negotiate for lower prescription drug prices, recent decisions suggest that the reduced drug prices are likely here to stay, says Jose Vela Jr. at Clark Hill.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Decoding The FTC's Latest Location Data Crackdown
Following the Federal Trade Commission's groundbreaking settlements in its recent enforcement actions against X-Mode Social and InMarket Media for deceptive and unfair practices with regards to consumer location data, companies should implement policies with three crucial elements for regulatory compliance and maintaining consumer trust, says Hannah Ji-Otto at Baker Donelson.
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Defense Attys Must Prep For Imminent AI Crime Enforcement
Given recent statements by U.S. Department of Justice officials, white collar practitioners should expect to encounter artificial intelligence in federal criminal enforcement in the near term, even in pending cases, say Jarrod Schaeffer and Scott Glicksman at Abell Eskew.
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Lessons For Nursing Facilities From DOJ Fraud Settlement
The U.S. Department of Justice's recent settlement with the owner of skilled nursing and assisted living facilities in Florida provides a cautionary tale of potential fraud risks, and lessons on how facilities can mitigate government enforcement actions, say Callan Stein and Rebecca Younker at Troutman Pepper.
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Planning For Healthcare-Private Equity Antitrust Enforcement
U.S. antitrust agency developments could mean potential enforcement actions on healthcare-related acquisitions by private equity funds are on the way, and entities operating in this space should follow a series of practice tips, including early assessment of antitrust risks on both the state and federal level, say Ryan Quillian and John Kendrick at Covington.
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3 Health Insurance Paths For Psychedelic-Assisted Therapy
Ahead of potential U.S. Food and Drug Administration approvals for psychedelics as insured treatments, attorneys at Husch Blackwell review pathways for these drugs to achieve coverage as treatments for complex mental health conditions.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Bid Protest Spotlight: Nonprecedential, Unreasonable, Scope
James Tucker at MoFo examines three recent decisions showing that while the results of past competitions may inform bid strategy, they are not determinative; that an agency's award may be deemed unreasonable if it ignores available information; and that a protester may be right about an awardee's noncompliance but still lose.