Health

  • July 31, 2025

    Hospitals Want To Duck Pharmacy Career Match Program Suit

    A professional pharmacy organization and a group of teaching hospitals teed up motions to dismiss Wednesday against proposed class action allegations that they conspired to restrict wages and benefits by funneling new pharmacists through a job-matching program, telling a Maryland federal judge that there's no sign of an agreement.

  • July 31, 2025

    Biotech Co. Beats Investor Suit Over Antifungal Drug Recall

    Biotechnology company Scynexis Inc. has won dismissal, for now, of a proposed investor class action alleging that it triggered a 34% share decline by knowingly misleading investors about manufacturing compliance issues that led to a drug recall, with the court finding the allegations the company should have known and disclosed issues only show "fraud by hindsight."

  • July 31, 2025

    Calif. Med Mal Law Can't Apply To Ambulance Crash Suits

    The California Supreme Court ruled on Thursday that the state's one-year time limit for medical malpractice claims does not apply to suits over ambulance drivers' negligence, saying instead the two-year deadline for ordinary negligence governs.

  • July 31, 2025

    GAO Says Data Lacking On Open-Air Burning In Vietnam War

    Open-air burning of human waste and trash was a widespread practice in the Vietnam War, but evidence linking it to health problems among aging veterans is lacking, according to a U.S. Government Accountability Office study released Thursday.

  • July 31, 2025

    6th Circ. OKs Toss Of Trustee Removal Bid In Union Fund Row

    A Sixth Circuit panel on Thursday upheld an Ohio federal court's decision finding that a trade union, three trustees of a union benefit fund, and a fund participant cannot remove two other trustees they accused of self-dealing, saying they failed to show they would face irreparable harm.

  • July 31, 2025

    HHS Plans To Test Rebates In 340B Drug Pricing Program

    The Trump administration on Thursday announced plans for a pilot project that would allow certain drugmakers to abandon upfront discounts in the 340B program and instead require hospitals to apply for rebates, testing an idea that would fundamentally reshape the long-running program.

  • July 31, 2025

    Mich. Home Caregivers Ask State Court To Stop Union Vote

    Two Michigan laws that classify home caregivers as public employees who can unionize violate the First Amendment, caregivers alleged in a complaint, urging a state court to issue an injunction preventing the certification of a union representation election.

  • July 31, 2025

    ITC Ends Dermatology Needle Import Ban After Settlement

    The International Trade Commission has lifted a ban on certain imports of skin treatment devices that infringed patents owned by a South Korean dermatologist's needle business after it settled with a rival.

  • July 31, 2025

    J&J Fired Sales Worker Who Reported Pay Issue, Suit Says

    Johnson & Johnson wrongly credited a former executive sales representative's sales to another worker, leading to lost earned commissions, and then fired him once he complained, the former employee said in a suit in Texas federal court.

  • July 30, 2025

    3rd Circ. Won't Upend Investors' Class Cert. In J&J Talc Suit

    A split Third Circuit on Wednesday upheld a New Jersey federal judge's class certification order in a Johnson & Johnson investor action alleging the company artificially inflated its stock price by failing to disclose cancer risks associated with its talcum powder products, finding the lower court did not err in concluding that common issues predominate in the suit.

  • July 30, 2025

    Flo Likely To Get Health Privacy Claim Tossed In Meta Case

    The California federal judge overseeing a trial on allegations that Flo Health and Meta Platforms Inc. violated the privacy of millions of women who used Flo's period tracker app said Wednesday he'd likely toss the California Confidentiality of Medical Information Act claim, saying the lack of evidence is an "unsurmountable" problem.

  • July 30, 2025

    Illumina To Pay $9.8M To Resolve Cybersecurity Qui Tam Case

    Biotechnology company Illumina Inc. has agreed to pay $9.8 million in a settlement with the U.S. Department of Justice to put to rest a first-of-its-kind False Claims Act suit alleging the company violated cybersecurity regulations for medical devices, according to an announcement Wednesday.

  • July 30, 2025

    No Philly Clause Is Valid In Med Mal Case, Pa. Panel Says

    A Pennsylvania appellate panel said Wednesday that a contract a patient signed before surgery mandating that any legal actions must be heard in Bucks County is valid and enforceable, affirming a trial court's transfer of the medical malpractice suit from plaintiff-friendly Philadelphia County.

  • July 30, 2025

    Anesthesia Giant Keeps Poaching Claims In Antitrust Row

    A New York federal judge refused Tuesday to nix counterclaims from North America's largest anesthesia provider, facing a Syracuse hospital's antitrust allegations, accusing the hospital of illegally recruiting away dozens of its clinicians and thus interfering with its employment agreements.

  • July 30, 2025

    CVS Can't Arbitrate RICO Suit Over Alleged 'No Generic' Policy

    CVS effectively forfeited its arbitration rights in proposed class action litigation accusing it of conspiring to block Medicare beneficiaries from accessing generic versions of prescription drugs, a Pennsylvania federal judge ruled in denying the company's bid to enforce an arbitration agreement.

  • July 30, 2025

    FDA's Vaccine Chief Is Out After Loyalty To Trump Questioned

    Dr. Vinay Prasad's tenure as the top vaccine regulator at the U.S. Food and Drug Administration ended abruptly this week following intense criticism from conservative activists who questioned his loyalty to President Donald Trump.

  • July 30, 2025

    Mich. PBM Opioid Suit Belongs In State Court, Judge Told

    Counsel for the State of Michigan argued Wednesday that a lawsuit accusing pharmacy benefit managers Express Scripts and OptumRx of fueling the opioid crisis is not subject to federal officer removal and should be sent back to state court.

  • July 30, 2025

    Unauthorized Blood Draw Upends Fatal Crash Sentence In Pa.

    In a precedential ruling, the Pennsylvania Superior Court held that the rights of a man convicted of vehicular homicide while driving under the influence of alcohol were violated because hospital staff took it upon themselves to conduct a blood draw without a warrant from law enforcement.

  • July 30, 2025

    ImmunityBio Investors Nab Initial OK On Derivative Suit Deal

    A California federal judge has granted initial approval to a deal ending derivative claims that ImmunityBio executives failed to disclose manufacturing deficiencies that doomed the company's lead cancer drug application.

  • July 30, 2025

    11th Circ. Considers If TCPA's Fax Provisions Are 'Procedural'

    A doctor who sued two medical providers for allegedly sending more than 14,000 unsolicited fax advertisements in 2022 urged the Eleventh Circuit to overturn a district court's denial of class certification, arguing the lower court wrongly found users of online fax services lack standing to sue under the Telephone Consumer Protection Act. 

  • July 30, 2025

    DHS Sinks Docs' Free Speech Suit Over COVID Policies

    A Texas federal judge on Wednesday dismissed free speech claims brought against the U.S. Department of Homeland Security and three specialty medical boards by a doctor group claiming the government and boards punished them for disapproving of COVID-19 vaccines and mandates. 

  • July 30, 2025

    $1.6M UHC Reimbursement Suit Kicked Back To State Court

    A lawsuit alleging that United Healthcare of North Carolina Inc. underpaid a hospital system by at least $1.6 million in reimbursements does not belong in federal court, a North Carolina federal judge ruled Monday.

  • July 30, 2025

    Fla. AG Allowed To Drop Sandoz Generics Price-Fixing Claims

    After several months of wrangling over the terms of a $10 million generic drug price-fixing settlement, a Connecticut federal judge on Wednesday granted Florida's request to permanently drop its claims against Sandoz, finding that it would be an abuse of discretion to hold up the resolution any longer.

  • July 30, 2025

    Database Administrator Was Employee, Court Told

    A former database administrator was misclassified as an independent contractor, he alleged in a proposed class and collective action in New York federal court against companies including Express Scripts and Cigna, saying he was effectively an employee.

  • July 30, 2025

    Pharma Tech Co. Diaceutics Hires Former Sandoz Atty As GC

    Pharmaceutical technology company Diaceutics PLC has hired a lawyer with in-house experience at Sandoz and Novartis as its general counsel.

Expert Analysis

  • 3 Takeaways From Recent Cyberattacks On Healthcare Cos.

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    For the healthcare industry, the upward trend in styles of cyberattacks, costs, and entities targeted highlights the critical importance of proactive planning to help withstand the operational, legal and reputational turmoil that can follow a data breach, say attorneys at Troutman Pepper.

  • Series

    Law School's Missed Lessons: Supporting A Trial Team

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    While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.

  • FAR Rewrite May Cloud Key Gov't Contract Doctrine

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    The Trump administration's government procurement overhaul, under which sections of the Federal Acquisition Regulation are eliminated by default, is bound to collide with a doctrine that allows courts to read omitted clauses into government contracts if they represent long-standing pillars of federal procurement law, say attorneys at Rogers Joseph.

  • Series

    Adapting To Private Practice: From US Attorney To BigLaw

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    When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.

  • Most-Favored Nation Drug Pricing Could Shake Up US Pharma

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    Recent moves from the executive and legislative branches represent a serious attempt to revive and refine the first Trump administration's most-favored-nations model for drug pricing, though implementation could bring unintended consequences for pharmaceutical manufacturers and will likely draw significant legal opposition, say attorneys at Morgan Lewis.

  • The Ins And Outs Of Consensual Judicial References

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    As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.

  • How Focus On Menopause Care Is Fueling Innovation, Access

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    Recent legislative developments concerning the growing field of menopause care are creating opportunities for increased investment and innovation in the space as they increase access to education and coverage, say attorneys at Kirkland.

  • Opinion

    The BigLaw Settlements Are About Risk, Not Profit

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    The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.

  • Neb.'s Cannabis Regulatory Void Poses Operational Risks

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    With the Nebraska Legislature recently declining to advance any cannabis legislation, leaving the state without a regulatory framework for voter-passed initiatives, the risks of operating without clear rules will likely affect patients, providers and caregivers, says John Cartier at Omnus Law.

  • Del. Dispatch: A Look At Indemnification Notice Provisions

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    The Delaware Supreme Court's recent decision in Thompson Street Capital Partners v. Sonova U.S. Hearing Instruments serves as a reminder that noncompliance with contractual requirements for an indemnification claim notice may result in forfeiture of the indemnification right, depending on both the agreement language and the circumstances, say attorneys at Fried Frank.

  • Series

    Brazilian Jiujitsu Makes Me A Better Lawyer

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    Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.

  • FDA Commissioner Speech Suggests New Vision For Agency

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    In his first public remarks as U.S. Food and Drug Administration commissioner, Marty Makary outlined an ambitious framework for change centered around cultural restoration, scientific integrity, regulatory flexibility and selective modernization, and substantial enforcement shifts for the food and tobacco sectors, say attorneys at Arnall Golden.

  • AG Watch: Texas Expands Use Of Consumer Protection Laws

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    In recent years under Attorney General Ken Paxton, Texas has demonstrated the breadth of its public interest authority by bringing actions in areas not traditionally associated with consumer protection law, including recent actions involving sports and public safety, say attorneys at Kelley Drye.

  • Customs Fraud Enforcement In The Age Of Tariffs

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    In the wake of the Trump administration’s new approach toward tariffs, two recent Justice Department developments demonstrate aggressive customs fraud enforcement, with the DOJ emphasizing competitive harm to American businesses, and signaling that investigations will likely involve both civil and criminal enforcement tools, say attorneys at Bernstein Litowitz and London & Naor.

  • Series

    Power To The Paralegals: An Untapped Source For Biz Roles

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    Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.

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