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Health
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August 25, 2025
Alabama Pot Co. Fights Dismissal Bid In Retaliation Suit
A would-be medical cannabis business is urging an Alabama federal court to deny state regulators' bid to dismiss its suit alleging they wrongly denied the company a license in retaliation for lawsuits over the licensing process, saying the company adequately pleaded its retaliation claims.
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August 25, 2025
Pfizer Says FDA Blocked Tumor Warnings For Depo-Provera
Pfizer said Friday that plaintiffs' claims in the multidistrict litigation over a link between brain tumors and the hormonal contraceptive Depo-Provera are preempted by federal law because the drugmaker asked the U.S. Food and Drug Administration for permission to change the drug's label to add tumor warnings but was rejected.
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August 25, 2025
Care Facility Not Covered In Chase Crash Suit, Insurer Says
An insurer has no duty to defend or indemnify a residential care facility or its owner in an underlying suit over a car chase that resulted in a crash and injured two women, the company told an Oregon federal court, saying the claims do not trigger the insuring agreement.
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August 25, 2025
King & Spalding Health Pro Joins Holland & Knight In Houston
Holland & Knight LLP announced Monday that it has added a healthcare-focused transactional partner in Houston who came aboard from King & Spalding LLP.
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August 22, 2025
Texas, Fla. Want In On Abortion Medication Challenge
Texas and Florida have asked a Lone Star State federal court to allow them to intervene in litigation challenging federal approvals for the abortion medication mifepristone, arguing that their interests may "no longer be adequately represented" by Missouri, Kansas and Idaho, which are currently leading the suit.
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August 22, 2025
Ohio Panel Says Med Mal Damages Cap Is Unconstitutional
An Ohio appeals court has declared that the state's statutory limit on pain and suffering damages in medical malpractice cases is unconstitutional because it violated the right to due process to a patient who suffered a severe brain disorder.
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August 22, 2025
Chicago Feds Create New Healthcare Fraud Section
The U.S. attorney's office in Chicago announced Friday it has created a section within its Criminal Division dedicated solely to prosecuting healthcare fraud, which the U.S. Department of Justice has identified as a fraud enforcement priority.
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August 22, 2025
Altria Unit Says FDA Stonewalled On Flavored E-Cig Approvals
A subsidiary of tobacco giant Altria has filed a new lawsuit in Louisiana federal court against U.S. health regulators it alleges unlawfully delayed processing the company's applications to market flavored e-cigarettes for almost three years.
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August 22, 2025
Ga. City Uses Zoning To Block Recovery Facilities, Suit Says
The city of Dunwoody, Georgia, has been sued in federal court over allegations that it manipulates zoning ordinances in order to prevent residential mental health and substance addiction treatment facilities and group homes from operating within its borders.
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August 22, 2025
Rite Aid Execs Dodge Investor Suit Over Opioid Litigation
Several of Rite Aid's executives have escaped a securities fraud suit accusing them of making misleading statements about the pharmacy retailer's opioid-related liabilities, with a Pennsylvania federal court finding they sufficiently cautioned investors about the company's ongoing legal battles.
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August 22, 2025
Ex-Pharma Exec Leaked Bankruptcy Deliberations, Suit Says
BioCurity Pharmaceuticals Inc. and its advisers sued a former officer of the company, alleging that she broke a nondisclosure agreement to disparage the advisers and leak the company's bankruptcy deliberations to its shareholders.
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August 22, 2025
Judge Blocks Most ACA Rule Changes, Lets Others Proceed
A Maryland federal judge Friday largely froze the Trump administration's changes to Affordable Care Act regulations, handing a win to three cities, a coalition of doctors and a small business advocacy group that contend the changes would cause at least 1.8 million people to lose their healthcare coverage.
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August 22, 2025
J&J Settles BIPA Suit Over Neutrogena Skin360 App
A former Johnson & Johnson subsidiary has settled a potential class action claiming it unlawfully stored and collected facial scans of people who used its Neutrogena Skin360 tool in violation of Illinois' biometric privacy statute, prompting a New Jersey federal judge to order the case be terminated in 60 days.
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August 22, 2025
House Oversight Chair Presses DOJ On Chinese Vape Surge
The Republican head of the U.S. House of Representatives Committee on Oversight and Government Reform is asking the U.S. Department of Justice for an update on how it is combating the import of illicit vape products from China.
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August 22, 2025
NJ Judge Halts Ex-CEO's Sentencing After Habba Ruling
Citing a federal court ruling that the Garden State's U.S. attorney is serving unlawfully, a New Jersey federal judge issued an order Friday postponing indefinitely the sentencing of the ex-chief executive of SCWorx Corp., who had promoted a $670 million COVID-19 test kit deal that later fell apart.
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August 22, 2025
Mass. Hospital, Contractor Sued Over Legionnaires' Death
The alleged failure by a Massachusetts hospital and its contractor to properly maintain a water system led to the death of an elderly patient in February, according to a suit in state court.
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August 21, 2025
Pa. Biz Groups, Providers, Uber Want Fault Loophole Closed
Uber and a coalition of organizations often targeted by injury lawsuits urged a Pennsylvania appeals court to close a legal loophole that they claim largely undermines the purpose of the Fair Share Act, which limits a defendant's liability to their portion of fault.
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August 21, 2025
Nursing Home Wins Appeal In Criminal Case Over COVID Deaths
Criminal charges against a Southern California nursing home in connection with the COVID-19 deaths of 14 people were properly dismissed, a California appeals court has ruled, finding that the prosecution improperly relied on evidence that was inadmissible under the Fifth Amendment.
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August 21, 2025
Del. Judge Outlines Misconduct Behind Amgen's $50M Relief
A Delaware federal judge overruled German biotech company Lindis's $50 million patent infringement win against Amgen, finding an inventor purposefully withheld harmful information from the U.S. Patent and Trademark Office, according to an opinion made public Wednesday.
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August 21, 2025
Fertility Co. Says Deception Suit 'Mischaracterizes' Test
A fertility clinic chain is urging a Colorado federal judge to toss a proposed class action accusing it of deceptively marketing genetic tests of embryos, saying the claims are time-barred, lack required expert backing and specificity, and don't identify any actionable misstatements.
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August 21, 2025
GTCR Deal A 'Smokescreen' For Coatings Merger, FTC Says
GTCR BC Holdings LLC's $627 million bid to buy the nation's largest medical device coatings company is a blatant attempt to overwhelmingly dominate an already highly concentrated market, and the "smokescreen" of a partial divestiture shouldn't convince anyone otherwise, the Federal Trade Commission told an Illinois federal judge Thursday.
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August 21, 2025
Trump Urges DC Circ. Not To Review Its Foreign Aid Decision
The Trump administration is urging the D.C. Circuit to leave its panel's split decision that nonprofits can't force the government to release foreign aid in place, arguing that full en banc review is unnecessary and that private enforcement of the Impoundment Control Act would run afoul of the law.
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August 21, 2025
CVS, Drugmakers Illegally Inflated Insulin Prices, City Claims
Drugmakers Eli Lilly and Co., Novo Nordisk Inc. and Sanofi-Aventis US LLC, pharmacy benefit managers CVS Caremark, Express Scripts and Optum Rx, and others have been hit with civil racketeering and state unfair trade practices law claims by the city of Torrington, Connecticut, over an alleged scheme to inflate insulin prices.
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August 21, 2025
Ex-Player Says Chicago Bears Mishandled His Knee Injury
A former player for the Chicago Bears has sued the NFL team and its medical staff, claiming they discouraged surgery after he injured his knee in a preseason game despite MRI results showing significant cartilage damage, delaying adequate treatment and derailing his professional football career.
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August 21, 2025
DOJ Gets Backing In Fight Over Public Benefits
A group that fights to restrict immigration into the U.S. is urging a Rhode Island federal court to let the Trump administration narrow noncitizens' access to programs like Head Start, homeless shelters and food banks, arguing Thursday that a coalition of 20 states is trying to obstruct immigration enforcement and give benefits to "illegal aliens."
Expert Analysis
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How DOJ's New Data Security Rules Leave HIPAA In The Dust
The U.S. Department of Justice's recently effective data security requirements carry profound implications for how healthcare providers collect, store, share and use data — and approach vendor oversight — that go far beyond the Health Insurance Portability and Accountability Act, say attorneys at Nelson Mullins.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Trump's 2nd Term Puts Merger Remedies Back On The Table
In contrast with the Biden administration, the second Trump administration has signaled a renewed willingness to resolve merger enforcement concerns through remedies from the outset, particularly when the proposed fix is structural, clearly addresses the harm and does not require burdensome oversight, say attorneys at Cooley.
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Patent Ambiguity Persists After Justices Nix Eligibility Appeal
The Supreme Court recently declined to revisit the contentious framework governing patent eligibility by denying certiorari in Audio Evolution Diagnostics v. U.S., suggesting a necessary recalibration of both patent application and litigation strategies, say attorneys at Skadden.
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Texas Med Spas Must Prepare For 2 New State Laws
Two new laws in Texas — regulating elective intravenous therapy and reforming healthcare noncompetes — mark a pivotal shift in the regulatory framework for medical spas in the state, which must proactively adapt their operations and contractual practices, says Brad Cook at Munsch Hardt.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Strategies For Cos. Navigating US-Indian Pharma Partnerships
Recent policy adjustments implemented by the U.S. government present both new opportunities and heightened regulatory scrutiny for the Indian life sciences industry, amplifying the importance of collaboration between the Indian and U.S. pharmaceutical sectors, say Bryant Godfrey at Foley Hoag and Jashaswi Ghosh at Holon Law Partners.
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DOJ-HHS Collab Crystallizes Focus On Health Enforcement
The recently announced partnership between the U.S. Department of Justice and U.S. Department of Health and Human Services to combat False Claims Act violations, following a multiyear trend of high-dollar DOJ recoveries, signals a long-term enforcement horizon with major implications for healthcare entities and whistleblowers, say attorneys at RJO.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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How The Healthline Privacy Settlement Redefines Ad Tech Use
The Healthline settlement is the first time California has drawn a clear line in the sand around how website tracking must function in practice, so if your site uses tracking technologies, especially around sensitive content like health or finance, regulators are inspecting your website's back end, not just its banner, say attorneys at Baker Donelson.
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How Sweeping Budget Bill Shakes Up Health Industry
With the recently passed One Big Beautiful Bill Act marking one of the most significant overhauls of federal health policy since the passage of the Affordable Care Act, providers, managed care organizations and life sciences companies must now shift focus from policy review to implementation planning, say advisers at Holland & Knight.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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A Look At Key 5th Circ. White Collar Rulings So Far This Year
In the first half of 2025, the Fifth Circuit has decided numerous cases of particular import to white collar practitioners, which collectively underscore the critical importance of meticulous recordbuilding, procedural compliance and strategic litigation choices at every stage of a case, says Joe Magliolo at Jackson Walker.
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High Court Cert Spotlights Varying Tests For Federal Removal
A recent decision by the U.S. Supreme Court to review Chevron v. Plaquemines Parish, a case involving the federal officer removal statute, highlights three other recent circuit court decisions raising federal removal questions, and serves as a reminder that defendants are the masters of removal actions, says Varun Aery at Hollingsworth.