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January 13, 2026
Express Scripts Can't Impel FTC Atty Views On Insulin Makers
A Federal Trade Commission in-house judge has denied a bid from Express Scripts to force a commission attorney to sit for a deposition to discuss an investigation into insulin manufacturers as the pharmacy benefit manager defends against the agency's insulin pricing case.
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January 13, 2026
Ga. Panel Doesn't Blink At $50M Bungled Root Canal Verdict
The Georgia Court of Appeals appeared skeptical Tuesday of an Atlanta dentist's bid to overturn a $50 million malpractice verdict against him over a botched root canal, doubting that the award necessarily "shocks the conscience" merely because an earlier, smaller verdict was thrown out on that basis.
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January 12, 2026
CareFirst Opposes J&J's Bid To Revisit Stelara Antitrust Case
Insurer CareFirst urged a Virginia federal court to reject Johnson & Johnson's bid for reconsideration of a ruling that refused to toss antitrust and patent fraud claims over the immunosuppressive drug Stelara.
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January 12, 2026
The Curious, Very Long Delay In A Pioneering Drug Prices Suit
When Merck & Co. launched a fiery challenge to Medicare's landmark drug price negotiations, it blazed a trail for many similar suits. But 31 months later, the challenge is stalled where it started as Merck begs for a ruling, other suits speed along the path it created and huge costs now seem unavoidable.
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January 12, 2026
7th Circ. Finds DEA, State Officials Immune In Pill Mill 'Mess'
The Seventh Circuit Monday overturned rulings that would have let a doctor's Fourth and Fifth amendments claims over a pill mill investigation go to trial, concluding federal and state officials are entitled to immunity in proceedings the court described as a "tangled mess."
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January 12, 2026
Texas Court Says Medical Expert Wrongly Excluded At Trial
A Texas appellate court has reversed a defense verdict and ordered a new trial in a suit accusing three doctors of negligent post-operative treatment for a gallbladder patient that caused sepsis and ultimately death, saying the trial court wrongly excluded the testimony of the plaintiff's sole expert witness.
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January 12, 2026
7th Circ. Won't Rehear Psychiatrists' Antitrust Suit Revival Bid
The Seventh Circuit is standing firm on a panel majority's refusal to revive an antitrust suit challenging the American Board of Psychiatry and Neurology's certification maintenance requirement, having refused to rehear appellate arguments over a lower court decision tossing the case.
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January 12, 2026
Elevance Nurses Are Owed No OT, Judge Told As Trial Opens
Elevance Health Inc. said Monday that claims it violated labor law by denying overtime pay to registered nurses evaluating insurance claims are "preposterous," as a Georgia federal bench trial kicked off over a suit from nearly 40 nurses alleging they were stiffed on years of pay.
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January 12, 2026
Feds To Drop Appeal In 340B Rebate Pilot Challenge
The U.S. Department of Health and Human Services on Monday suggested it will end its appeal of a First Circuit order temporarily blocking it from instituting a rebate program that would change how the agency distributes payments in the federal 340B drug discount program that provides medications at reduced costs to low-income Americans.
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January 12, 2026
ERISA Recovery Suit Against UnitedHealth Proceeds With Trims
A UnitedHealth plan participant who was injured in a car crash may pursue claims under the Employee Retirement Income Security Act's civil enforcement provision, an Ohio federal court ruled Friday, while also allowing his wife, who was involved in a separate accident, to proceed with certain state-law claims.
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January 12, 2026
Yale Asks Judge To Rethink $32M Baby Formula Death Verdict
Yale University and the affiliated Yale New Haven Hospital have asked a Connecticut state court judge to reconsider a verdict of nearly $32 million over the death of a premature baby, contending that she failed to grasp battery and informed consent law when issuing her decision after a bench trial.
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January 12, 2026
15,000 Nurses Begin Strike On Major NYC Hospitals
Thousands of nurses at three New York City hospital systems walked off the job Monday, heralding what their union called the largest nurses' strike in the city's history after the systems refused to meet workers' demands on staffing, benefits and work safety protocol during contract negotiations.
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January 12, 2026
DC Circ. Told $100K H-1B Fee Threatens Congress' Tax Power
The U.S. Chamber of Commerce urged the D.C. Circuit to bar the Trump administration from charging employers its new $100,000 H-1B visa fee, arguing it presents a "grave threat" to Congress' exclusive power to levy taxes.
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January 12, 2026
HHS' Pediatric Health Cuts Blocked As Likely 'Retaliatory'
A D.C. federal judge has temporarily blocked the U.S. Department of Health and Human Services from cutting nearly $12 million in pediatric health funding to the American Academy of Pediatrics, finding HHS could be retaliating for a lawsuit challenging the agency's changes to members on a federal vaccine committee.
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January 12, 2026
Medicine Biz Mirador Wraps $250M Funding Round
San Diego-based clinical-stage precision medicine company Mirador Therapeutics Inc. announced Monday that it closed its Series B funding round with $250 million of investor commitments, bringing the company's total capital raised since its March 2024 launch to more than $650 million.
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January 12, 2026
Justices Nix Petition On Legal Malpractice Arbitration
The U.S. Supreme Court declined Monday to review a petition that sought clarity on whether a court or arbitrator decides the issue of class arbitrability when the parties incorporate certain arbitral rules, in a long, winding legal malpractice dispute involving Louisiana medical companies.
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January 12, 2026
Justices Want SG Input On Arthritis Drug Competition Fight
The U.S. Supreme Court on Monday asked the Trump administration to weigh in on whether state unfair competition claims should be used to block a competitor from selling compounded versions of drugs in certain states.
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January 12, 2026
High Court Won't Take On No Surprises Act Enforcement Row
The U.S. Supreme Court on Monday declined to weigh in on whether the No Surprises Act denies providers a private right to enforce dispute resolution awards against insurers over emergency care coverage.
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January 12, 2026
No High Court Review For California Opioid 'Nuisance' Suit
The U.S. Supreme Court on Monday said it would not weigh in on a circuit court decision that a California public nuisance lawsuit against pharmacy benefit managers over their opioid-dispensing practices belongs in state court.
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January 12, 2026
Justices Pass On Houston Hospital Workers' COVID Vax Fight
The U.S. Supreme Court declined Monday to hear a challenge to a Houston hospital's win in a lawsuit brought by a group of employees who said they were unlawfully terminated after refusing the COVID-19 vaccine.
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January 12, 2026
Justices Won't Weigh Collective Cert. Process In Eli Lilly Case
The U.S. Supreme Court declined on Monday to review whether courts should stick with a long-standing two-step analysis for certifying collective actions in an age discrimination case against Eli Lilly and Co. that could have affected wage and hour litigation.
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January 09, 2026
Mangione Says Defective Charges Doom Federal Murder Rap
Counsel for Luigi Mangione on Friday urged a Manhattan federal judge to throw out the most serious charges brought against the alleged killer of UnitedHealthcare CEO Brian Thompson, saying prosecutors have failed to allege crimes of violence as predicate offenses to support murder and weapons charges.
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January 09, 2026
Mylan, Aurobindo Must Face Generic Drug Price-Fixing Claims
A Connecticut federal judge on Friday refused to hand a quick win to Mylan Pharmaceuticals and Aurobindo Pharma USA in sprawling antitrust litigation against 26 total pharmaceutical companies, ruling that a coalition of states has enough evidence to raise a genuine dispute about whether the companies conspired to fix drug prices.
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January 09, 2026
Up Next At High Court: Pollution Lawsuits & Trans Athletes
The U.S. Supreme Court will kick off the new year by hearing disputes over the constitutionality of state laws banning transgender female athletes from female-only sports and whether state or federal courts are the proper forum for lawsuits seeking to hold major oil companies accountable for harm caused by their oil production activities along Louisiana's coast.
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January 09, 2026
$500K Revelation Doesn't Nix Surgeon's Win In Eye Injury Row
A California appeals court won't order a retrial in a suit alleging a surgery center blinded a patient in one eye during spinal surgery, saying she failed to properly object to a closing argument that implied that a co-defendant's settlement was the source of $500,000 she had received.
Expert Analysis
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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.
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Unpacking Ore. Law's Limits On PE Healthcare Investment
A recent Oregon law imposes significant restrictions on nonphysicians owning or controlling medical practices, but newly enacted amendments provide some additional flexibility in certain ownership arrangements without scuttling the law's intent of addressing concerns about the rise of private equity investment in healthcare, say attorneys at Debevoise.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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Criminal Healthcare Fraud Takeaways From 4th Circ. Reversal
After the Fourth Circuit reversed a doctor’s postconviction acquittal in U.S. v. Elfenbein last month, defense attorneys should consider three strategies when handling complex criminal healthcare matters, says Jonathan Porter at Husch Blackwell.
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Opinion
Furtive Changes To Federal Health Data Threaten Admissibility
A recent study showing that nearly 100 U.S. federal health datasets have been modified this year without any notation in official change logs should concern plaintiffs counsel, defense counsel and judges alike — because undermining data's integrity, authenticity and chain of custody threatens its admissibility in litigation, say attorneys at Kershaw Talley.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.
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What US-India Trade Deal Will Mean For Indian Pharma
Complicated by newly imposed tariffs from the U.S., the outcome of the U.S.-India trade talks is poised to reshape not just trade policy, but also the strategic alignment of the two countries' pharmaceutical ecosystems, says Jashaswi Ghosh at Holon Law Partners.
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Series
Law School's Missed Lessons: Negotiation Skills
I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.