Health

June 06, 2025
Wash. Panel Grills Ambulance Co. On Crash Immunity Defense

Washington appellate judges expressed skepticism on Friday regarding an ambulance company's stance that qualified immunity shielded it from a patient estate's $2.3 million jury verdict over a mid-transport crash, while also casting doubt on the family's contention that the defendant had forfeited its appeal rights.
June 06, 2025
Rite Aid Emphasizes It Will Pay Rent To Objecting Landlords

The twice-bankrupt drug store chain Rite Aid is seeking to reassure landlords who filed a spate of objections in recent days that it intends to continue meeting lease obligations despite its move to close some locations.
June 06, 2025
Texas AG Says Trans Care Investigation Is Lawful

The Texas Attorney General's Office told the state's Supreme Court that a lower court went too far by blocking an investigation into an LGBTQ+ advocacy organization that allegedly had knowledge about outside parties performing gender-affirming care on minors, saying the court undermined the AG's investigative authority.
June 06, 2025
NJ Court Blocks LTC Insurer's Bid For Triple-Digit Rate Hike

A New Jersey state appeals court on Friday backed the state's Department of Banking and Insurance in denying a long-term care insurer's request to increase its policy rates, agreeing that the proposed triple-digit rate increase on aging policyholders was excessive.
June 06, 2025
Judge Denies Class Cert. In Suit Over Unsolicited Faxes

A Pennsylvania federal judge declined to certify a class of as many as 25,00 healthcare providers who say they received unsolicited fax advertisements, saying there was no way to determine which plaintiffs received the ads via traditional, stand-alone fax machines and which received them through online fax services.
June 06, 2025
Fed. Circ. Weighs Purview Over Acorda's $17M Arbitral Award

A Federal Circuit panel on Friday wrestled with its authority to consider arbitration appeals dealing with patent law, with at least one judge appearing skeptical that it could consider Acorda Therapeutics Inc.'s bid to increase a $16.6 million award in a fight with Alkermes PLC over a multiple sclerosis drug.
June 06, 2025
CVS Health Can't Dodge Blame In Omnicare False Claims Suit

A New York federal judge rebuffed an attempt from CVS Health Corp. to evade responsibility in a False Claims Act case, after a jury found that its subsidiary Omnicare bilked the federal government out of over $135 million in fraudulent drug claims.
June 06, 2025
Free Speech Shields Rehab From Permit Suit, Court Says

A Connecticut drug treatment facility does not have to face claims, including unfair trade practices, lodged by a prospective competitor amid a contentious permit battle, a state appellate panel ruled Friday, finding that the state's anti-SLAPP statute is fatal to the case.
June 06, 2025
Aetna Seeks Quick Appeal In $20M Air Ambulance Billing Case

Aetna is seeking an immediate midstream appeal of an order in Connecticut federal court forcing it to face $20 million in emergency billing claims by six air ambulance companies, saying a quick decision could help settle a circuit split and stop copycat cases.
June 06, 2025
Fla. Medical Billing Co. Accused Of Filing False Genetic Tests

The U.S. government has filed a False Claims Act suit against a Florida medical billing and compliance services company for allegedly filing claims to Medicare for more than $15 million in medically unnecessary genetic laboratory tests.
June 06, 2025
Boston Feds Must Do 'More With Less' On White Collar Front

Defense attorneys say they see early signs of an uptick in white collar prosecutions under new Massachusetts U.S. Attorney Leah Foley, though depleted resources in the prominent Boston office and an overwhelming focus on immigration could limit the number of high-profile cases in the near future.
June 06, 2025
NJ Firm Says It Has No Business Being Sued In Louisiana

New Jersey-based Porzio Bromberg & Newman PC asked a Louisiana federal judge to dismiss a doctor's suit accusing the firm of driving him into bankruptcy, arguing that there's no jurisdiction that would justify continued litigation in the state.
June 06, 2025
Other Carrier Must Cover $1.1M Injury Award, Insurer Says

A chiropractor's insurer must pay a $1.1 million award entered against him and the clinic where he works in a suit over injuries that a woman sustained during treatment, the clinic's insurer told a New York federal court, saying the other carrier's policy provides primary coverage.
June 06, 2025
Seton Hall Suit About Negligence, Not MedMal, Hoopsters Say

Two basketball players suing Seton Hall University with claims their injuries were minimized so they could continue playing told a New Jersey federal judge Thursday that the lawsuit is about gross negligence, not their personal injuries, in a response to a motion for summary judgment.
June 06, 2025
Taxation With Representation: Winston, Stibbe, Weil, Goodwin

In this week's Taxation With Representation, Chart Industries Inc. and Flowserve Corp. merge, Aedifica NV and Cofinimmo NV unite, Sanofi buys Blueprint Medicines Corp., and Kimberly-Clark Corp. sells a majority stake in its international tissue business to Suzano.
June 06, 2025
Attys Seek $23M Cut Of $69M UnitedHealth 401(k) Settlement

Lawyers for a UnitedHealth Group employee who struck a $69 million deal to settle a class action claiming the company mismanaged its 401(k) plan asked a Minnesota federal judge to approve $23 million in attorney fees, arguing the amount aligns with those approved in other cases.
June 06, 2025
Greenberg Traurig Adds Perkins Coie Tech Transactions Pro

Greenberg Traurig LLP is expanding its technology team, bringing in a Perkins Coie LLP transactions whiz as a shareholder in its San Diego office.
June 05, 2025
'Sparse' OPM Record On Mass Firings Backs Win, Unions Say

A "sparse and self-serving" record provided by the U.S. Office of Personnel Management still shows the agency unlawfully directed federal agencies to fire probationary employees en masse, so a California federal court can reach a final decision now and "unwind" those terminations, a coalition including unions and advocacy groups said Thursday.
June 05, 2025
Red States Double Down On Bid To Stymie Trans Health Rule

More than a dozen Republican attorneys general challenging a Biden-era rule that protected gender-affirming care under the Affordable Care Act said the U.S. Department of Health and Human Services can't keep the rule on the books just because the new administration is unlikely to enforce it.
June 05, 2025
Latham-Led Virtual Health Startup Omada Prices $150M IPO

Venture-backed virtual care provider Omada Health Inc. on Thursday priced a $150 million initial public offering within its marketed range, represented by Latham & Watkins LLP and underwriters counsel Davis Polk & Wardwell LLP.
June 05, 2025
Sens. Float Automatic Biosimilar Interchangeable Label

A bipartisan group of U.S. senators has reintroduced legislation that would reduce what the lawmakers called barriers to accessing lower-cost versions of biologic drugs, making an adjustment to how biosimilars are deemed interchangeable with their name-brand equivalents.
June 05, 2025
$1.36B Home Healthcare Deal Dropped Amid FTC Scrutiny

Healthcare solutions company Owens & Minor said Thursday that it's abandoning its $1.36 billion plan to buy home-based care business Rotech Healthcare Holdings after the Federal Trade Commission's scrutiny proved too much to bear.
June 05, 2025
Med Mal Juror Misconduct Claim Won't Mean New Trial

An Indiana state appeals court Thursday upheld a defense win in a medical malpractice trial despite a juror's post-verdict revelation that she had previously heard of a defense expert witness.
June 05, 2025
4 AGs Urge FDA To Lift Abortion Pill Restrictions

Attorneys general from California, Massachusetts, New York and New Jersey on Thursday urged the U.S. Food and Drug Administration to lift restrictions on the abortion drug mifepristone, saying they aren't necessary under statutory requirements for an FDA drug safety program.
June 05, 2025
Citi Let Hackers Bleed Med School Of Over $800K, Suit Says

University of Medicine and Health Sciences has sued Citibank in New York federal court, accusing it of letting hackers drain its bank account even after staff repeatedly warned they had been locked out and feared a cyberattack.

Expert Analysis

5 Litigation Funding Trends To Note In 2025

Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
FTC Privacy Enforcement Takeaways From 2024

In 2024, the Federal Trade Commission distinguished three prominent trends in its privacy-related enforcement actions: geolocation data protections, data minimization practices, and artificial intelligence use and marketing, say Cobun Zweifel-Keegan at IAPP and James Smith at Dechert.
Rethinking Litigation Risk And What It Really Means To Win

Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
Issues To Watch In 2025's ERISA Litigation Landscape

Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.
How DOGE's Bite Can Live Up To Its Bark

All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
2024 Was A Significant Year For HIPAA Compliance

The Office of Civil Rights' high level of Health Insurance Portability and Accountability Act activity in 2024 and press releases about its specific focus on certain cybersecurity issues make it abundantly clear that the OCR is not going to tolerate widespread compliance complacency, says Nathan Kottkamp at Williams Mullen.
5 Notable Information Security Events In 2024

B. Stephanie Siegmann at Hinckley Allen discusses 2024's largest and most destructive data breaches seen yet, ranging from ransomware disrupting U.S. healthcare systems on a massive scale, to tensions increasing between the U.S. and China over cyberespionage and the control of U.S. data.
Series

Playing Rugby Makes Me A Better Lawyer

My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
How 2025 NDAA May Affect DOD Procurement Protests

A bid protest pilot program included in the 2025 National Defense Authorization Act shifts litigation costs onto unsuccessful bid protesters and raises claim-filing thresholds, which could increase risks to U.S. Department of Defense contractors who file protests, and reduce oversight of DOD procurement awards, say attorneys at Venable.
Looking Back At 2024's Noteworthy State AG Litigation

State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
Opinion

No, Litigation Funders Are Not 'Fleeing' The District Of Del.

A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
Liability Risk For AI In Medical Devices Demands Greater Care

As regulators push for legal reform surrounding artificial intelligence and cases implicating product liability for AI in medical technology continue to rise, manufacturers must adapt and implement new strategies to accommodate evolving risks, say attorneys at Crowell & Moring.
Top 10 Noncompete Developments Of 2024

Following an eventful year in noncompete law at both state and federal levels, employers can no longer rely on a court's willingness to blue-pencil overbroad agreements and are proceeding at their own peril if they do not thoughtfully review and carefully enforce such agreements, say attorneys at Faegre Drinker.
5 E-Discovery Predictions For 2025 And Beyond

In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
What 2024 Tells Us About Calif. Health Transaction Reviews

Looking back at the California Office of Health Care Affordability's first year accepting notices for material healthcare transactions reveals critical lessons on what the OHCA's review process may mean for the future of covered transactions in the state, say attorneys at Ropes & Gray.