Health

  • May 21, 2026

    9th Circ. Told To Reject J&J Unit's $442M Antitrust Appeal

    Cardiac catheter refurbisher Innovative Health urged the Ninth Circuit to reject the appeal from Johnson & Johnson's Biosense Webster unit seeking to upend its $442 million antitrust judgment, saying the lower court rightly found that Biosense forced hospitals to avoid refurbished catheters in favor of its own.

  • May 21, 2026

    Texas Panel Says Patient Fall Claim Is Med Mal, Tosses Suit

    A Texas appellate court said Thursday that allegations that a hospital negligently caused a woman's fall off an examination table can be considered a medical malpractice claim, and tossed the suit because the woman missed the deadline for filing a mandatory medical expert report.

  • May 21, 2026

    FTC's Gender Care Policy Might Not Sink Probe, Judge Says

    A D.C. federal judge wondered Thursday whether it would set a bad precedent for future commissions to label the Federal Trade Commission's investigative demand to the American Academy of Pediatrics as "retaliatory" just because agency officials have issued a policy statement attacking gender-affirming care for minors.

  • May 21, 2026

    Legislative Update: Cannabis And Psychedelics Bill Roundup

    Virginia's governor vetoed legislation to establish adult-use marijuana sales, keeping the state in cannabis legal limbo; Illinois lawmakers introduced legislation to rein in hemp products, aligning state policy with an upcoming shift in federal law; and Louisiana lawmakers sent a bill to the governor that would allow terminally ill patients to access medical marijuana in healthcare facilities. Here are the major moves in cannabis and psychedelics legislation from the past week.

  • May 21, 2026

    Immunity Bid Can't Stop Discovery In THC Abuse Registry Suit

    There's little chance that the Idaho state health director can ditch litigation by mothers challenging the automatic placement of women on the child abuse registry for prenatal THC use, a federal judge said after taking a "preliminary peek" at the state's pending motion to dismiss.

  • May 21, 2026

    Clark Hill Exits NJ Health Noncompete Dispute After DQ Bid

    A New Jersey federal judge has signed off on a request from Clark Hill PLC to withdraw as counsel for a nursing home operator amid an adversary's disqualification motion in a noncompete dispute with a medical consulting company.

  • May 21, 2026

    Medical Practice Calls $49M Missed Cancer Verdict 'Unjust'

    The Westchester Medical Group PC has asked a Connecticut state judge to find most of a $49 million jury verdict "excessive, unjust, and entirely disproportionate" to claims its staff repeatedly failed to diagnose cancer despite multiple warning signs, calling the award punitive and not supported by the evidence.

  • May 21, 2026

    Meta, Others Settle Bellwether School Case Set For June Trial

    Meta Platforms Inc., Snap Inc., TikTok Inc. and YouTube have each agreed to settle a bellwether school district's claims in social media addiction multidistrict litigation that were set for a six-week California federal jury trial beginning June 12, according to the Kentucky school district's counsel.

  • May 21, 2026

    Barnes & Thornburg Adds Boston Litigator From Nutter

    Barnes & Thornburg LLP has hired a longtime Nutter McClennen & Fish LLP partner in Boston who will focus on commercial litigation and product liability matters for healthcare, medical devices and manufacturing clients, the firm announced Thursday.

  • May 21, 2026

    AmeriHealth Unit, PBM Sued Over Prescription Claim Fees

    Two Philadelphia pharmacies have filed a proposed class action against AmeriHealth Caritas Health Plan and its in-house pharmacy benefits manager, PerformRx LLC, claiming the companies violate Pennsylvania law by not disclosing "transmission fees" at the time a claim is run through the pharmacies' computers, according to a complaint removed to federal court.

  • May 21, 2026

    Ga. Panel Says Trial Court Wrongly Denied New Med Mal Trial

    A Georgia appeals panel has sent a man's malpractice suit back to trial court, finding the lower court judge wrongly denied his motion for a new trial when he determined that the jury was required to decide whether gross negligence standards applied to the case.

  • May 20, 2026

    DOJ, Drugmakers Spar After Justices Snub 6 Negotiation Suits

    The U.S. Department of Justice is trying to have it both ways in drug pricing litigation, telling the U.S. Supreme Court not to intervene before additional circuits decide pending challenges and then using this week's nonintervention as ammunition against those challenges, drugmakers are arguing at appeals courts.

  • May 20, 2026

    Anthem Affiliates Can't Duck Suit Over Colo. Claims

    A mental health and substance use disorder treatment provider told a Colorado judge that affiliates of Anthem Blue Cross and Blue Shield can't get an early escape from its lawsuit accusing the affiliates of underpaying claims from some of its patients, according to a brief filed in federal court.

  • May 20, 2026

    1st Circ. Allows Transfer Of RI Youth Care Info To Texas Court

    The First Circuit declined to halt a Texas federal court's order requiring a Rhode Island hospital to hand over records detailing its provision of gender-affirming care to minors, finding a Rhode Island agency failed to demonstrate that doing so would cause children in the state irreparable harm.

  • May 20, 2026

    Refusing Sandoz Parent Dismissal 'Clear Error,' Court Told

    Sandoz's Swiss parent company wants a Pennsylvania federal judge to rethink her decision forcing it to face generic drug price-fixing claims from major employers like General Motors, arguing the court "conflates" Novartis AG with Sandoz AG, which was spun off in 2023.

  • May 20, 2026

    Eli Lilly Loses Bid To Limit Ex-FDA Chief's Take In GLP-1 MDL

    A Pennsylvania federal judge said Eli Lilly & Co. and plaintiffs in multidistrict litigation accusing it of downplaying side effects of weight loss drugs were talking past each other in a dispute over expert testimony, denying Eli Lilly's bid to limit the opinions of the plaintiffs' expert to those disclosed in his report.

  • May 20, 2026

    Antivax Health Workers Fight Uphill At 9th Circ. Over Firings

    Two Ninth Circuit panelists cast doubt Wednesday on an attempt by a group of former University of Washington employees to revive claims that they were wrongfully fired after they refused COVID-19 vaccination on religious grounds, with one judge remarking that unvaccinated workers "make the risk worse" in a healthcare setting.

  • May 20, 2026

    NY Hospital Strikes Deal In Suit Over Retirement Plan Lineup

    A Long Island hospital agreed to settle a proposed class action alleging it cost workers millions of dollars in savings by loading its employee retirement plan with costly and underperforming investment options, according to a filing in New York federal court Wednesday.

  • May 20, 2026

    Eli Lilly Paying Up To $202M In Genetic Medicine Deal

    Eli Lilly and Co. has agreed to acquire privately held Engage Biologics Inc., which is developing a delivery technology for genetic medicines, in a deal worth up to $202 million, Cooley LLP-advised Engage announced Wednesday.

  • May 20, 2026

    Lloyd's Can't Undo Remand Order In Hurricane Damage Fight

    A Virgin Islands federal court on Wednesday refused to reconsider its decision to remand an ophthalmology clinic's suit over the handling of its Hurricane Maria property damage claim back to territorial court, saying there was no "clear error" or "manifest injustice" to correct.

  • May 20, 2026

    Pa. AG Aims To Revive Ban On Medicaid-Paid Abortions

    Pennsylvania Attorney General Dave Sunday plans to fight an appellate panel's ruling that Medicaid-funded abortions are a fundamental right to reproductive autonomy in the state.

  • May 20, 2026

    FTC 'Close' To Final PBM Insulin Price Deal With OptumRx

    Federal Trade Commission staffers have signaled that they're near a settlement with UnitedHealth Group Inc.'s OptumRx that would close out the agency's in-house case accusing pharmacy benefit managers of inflating insulin prices through rebate schemes.

  • May 20, 2026

    DOJ's Embrace Of Data Sets Off Compliance 'Arms Race'

    The U.S. Department of Justice's increased reliance on advanced data analytics and data-mining whistleblowers to detect fraud is shrinking the amount of time that companies have to find and report potential wrongdoing to the government in order to receive leniency for voluntary self-disclosure, experts say.

  • May 20, 2026

    Modivcare To Have Evidence Hearing On Firm's Contempt Bid

    A Texas bankruptcy judge said Wednesday he would call an evidentiary hearing on White & Case's motion to hold Modivcare in contempt connected to a Chapter 11 fee dispute, after the firm accused the reorganized medical transportation group of taking $3.5 million of what should have been escrowed funds out of an account.

  • May 19, 2026

    Quinn Emanuel Owes More Sanctions In Guardant Fight

    Quinn Emanuel and its team representing medical testing company Natera will shoulder further sanctions on top of the $3 million already imposed over the firm's misrepresentations concerning an expert witness in Guardant Health's false advertising case, a California federal judge ruled Tuesday.

Expert Analysis

  • Written Consent Ruling May Signal Change For Telemarketing

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    The Fifth Circuit's ruling in Bradford v. Sovereign Pest Control is a takedown of the Federal Communications Commission's prior express written consent regulation, and because Loper Bright empowers courts to disregard agency interpretations, Telephone Consumer Protection Act litigants now have an opportunity to challenge previously settled FCC regulations, orders and interpretations, say attorneys at Manatt.

  • Series

    Law School's Missed Lessons: How To Draft Pleadings

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    Most law school graduates step into their first jobs without ever having drafted a complaint, answer, motion or other type of pleading, but that gap can be closed by understanding the strategy embedded in every filing, writing with clarity and purpose, and seeking feedback at every step, says Eric Yakaitis at Haug Barron.

  • E-Discovery Quarterly: Recent Rulings On ESI Control

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    Several recent federal court decisions have perpetuated a split over what constitutes “control” of electronically stored information — with judges divided on whether the standard should turn on a party's legal right or practical ability to obtain the information, say attorneys at Sidley.

  • The Challenge Of Stabilizing Rural Hospitals On The Brink

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    The outlook for rural hospitals has grown more concerning, as recent policy and regulatory developments are decreasing hospital revenues and increasing the cost of uncompensated care, which may result in additional hospital closures, service reductions, or mergers and acquisitions, say Omur Celmanbet, Kristy Piccinini and Sabiha Quddus at FTI Consulting.

  • Insurer Lessons From 1st Wave Of GenAI Coverage Rulings

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    Several pending cases target the issue of whether generative AI may appropriately replace human professional decision-making, and though each case is still in discovery, the decisions thus far provide insurers with guidance on how courts may view these claims, say attorneys at Simpson Thacher.

  • The Role Of Operational Data In Tech Platform Liability Suits

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    As litigation becomes a de facto substitute for the regulation of major technology platforms, with plaintiffs advancing claims under product liability, public nuisance and consumer protection laws, among others, courts are evaluating how platform systems operate in practice based on large-scale operational data, say attorneys at Brattle.

  • 2 Discovery Rulings Break With Heppner On AI Privilege Issue

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    While a New York federal court’s recent ruling in U.S. v. Heppner suggests that some litigants’ communications with AI tools are discoverable, two other recent federal court decisions demonstrate that such interactions generally qualify for work-product protection under the Federal Rules of Civil Procedure, says Joshua Dunn at Brown Rudnick.

  • Bid Protest Spotlight: Evidence, Tailored Talks, Materiality

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    In this month's bid protest roundup, Brian Doll at MoFo delves into three recent decisions from the Government Accountability Office about the evidentiary standards necessary to sustain a protest, discussions tailored to individual proposals, and misrepresentation claims involving factors irrelevant to the agency's decision.

  • Series

    Isshin-Ryu Karate Makes Me A Better Lawyer

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    My involvement in martial arts, specifically Isshin-ryu, which has principles rooted in the eight codes of karate, has been one of the most foundational in the development of my personality, and particularly my approach to challenges — including in my practice of law, says Kaitlyn Stone at Barnes & Thornburg.

  • Class Actions At The Circuit Courts: April Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from three recent rulings involving allegations of racial discrimination in mortgage applications, health insurance networks and actual cash value losses.

  • Fraud Enforcement, Sentencing Face Unusual Convergence

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    The Trump administration’s newly created task force to eliminate fraud and the U.S. Sentencing Commission’s recent proposals to scale back certain elements of the federal sentencing framework seem to point in opposite directions, creating a collision of policy priorities that may reshape how fraud cases are charged, negotiated and sentenced for years to come, says David Tarras at Tarras Defense.

  • Peptide Policy Is Shifting Toward Sanctioned Compounding

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    The policy landscape for peptides is undergoing a significant shift under the Trump administration, moving toward a complex system of verified compounding and complementary enforcement that will likely bring peptides firmly back into the sphere of legitimate consumer products, say attorneys at Sheppard.

  • Keys To Building Defensible Psychedelic Therapy Programs

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    Given the rapidly evolving legal environment for psychedelic therapies and heightened liability and compliance risks facing providers, meticulous documentation, robust risk management protocols, and proactive engagement with professional organizations and insurers are essential strategies, say Kimberly Chew at Husch Blackwell and L. Alison McInnes at Mindful Health Solutions.

  • Opinion

    State Bars Need To Get Specific About AI Confidentiality

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    Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.

  • Trump Order Signals Tougher Benefits Fraud Probes

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    A recent order from President Donald Trump establishing a federal taskforce for addressing fraud in federally funded benefit programs emphasizes interagency information sharing, potentially affecting a broad range of areas including government contracts, administrative law considerations and False Claims Act cases, say attorneys at Morgan Lewis.

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