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Health
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December 08, 2025
Smith & Nephew Settles 401(k) Fee Dispute
A Massachusetts federal judge stayed a proposed federal benefits class action Monday against Smith & Nephew that accused the medical device company of imposing excessive fees on an employee 401(k) plan, after the parties told the court they had agreed to settle their dispute.
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December 08, 2025
11th Circ. Won't Pause Medicaid Rule Amid Fla. Hospital Audit
An Eleventh Circuit panel revived Florida's lawsuit against a federal rule that reduces Medicaid funding based on agreements between hospitals, but upheld a lower court's decision to deny the state's request for an injunction after finding it wouldn't likely succeed on the merits of its complaint.
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December 08, 2025
'Red Flags' Give 2nd Circ. Pause In NBA Health Fraud Appeal
A Second Circuit panel appeared skeptical Monday of arguments by two former NBA players convicted of defrauding a league healthcare plan that they were tricked into participating by the scheme's leader, saying the trial evidence included "red flags."
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December 08, 2025
Justices Say Louisiana Law Can't Bar HIV Discrimination Suit
The U.S. Supreme Court told a Louisiana appeals court Monday that it incorrectly found that a state law protecting healthcare providers from civil liability during public health emergencies bars an HIV patient from alleging federal discrimination claims after being denied aquatherapy during the COVID-19 pandemic.
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December 08, 2025
Justices Pass On Challenge To NJ Hospital Charity Rule
The U.S. Supreme Court said Monday it won't review a New Jersey Supreme Court decision that a state requirement to treat patients regardless of the patient's ability to pay does not amount to an unconstitutional per se or regulatory taking.
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December 08, 2025
High Court Wants Feds' Input On Health Workers' Vax Fight
The U.S. Supreme Court asked Monday for the federal government's input on a group of religious workers' challenge to a pandemic-era New York state policy requiring healthcare providers to make their employees be vaccinated against COVID-19.
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December 05, 2025
Juror Who Alleged Misconduct Dismissed From Opioid Trial
A juror in Florida hospitals' $1.5 billion trial against the three major pharmacy chains over opioid dispensing was dismissed Friday after a judge found that her allegations of serious misconduct against another juror were largely unwarranted.
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December 05, 2025
Ga. Billing Firm Says Lack Of Harm Dooms Data Breach Row
A Georgia-based medical billing practice asked a federal judge to dismiss a proposed class action accusing it of failing to properly secure its patients and employees' personal information that was exposed in a September data breach, arguing the plaintiffs failed to show their data was publicly disseminated or otherwise misused.
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December 05, 2025
Meta CEO Zuckerberg Fights Privacy Suit Depo At 9th Circ.
Meta Platforms CEO Mark Zuckerberg urged a Ninth Circuit panel during a hearing Friday to scrap orders requiring him to give a limited deposition in privacy litigation over Facebook's alleged collection of health data, arguing the plaintiffs failed to exhaust alternative methods of getting the information they seek.
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December 05, 2025
SG Urges Justices To Hear Hikma's 'Skinny Label' Patent Case
The U.S. solicitor general on Friday urged the U.S. Supreme Court to hear Hikma Pharmaceuticals Inc.'s appeal of a decision reviving a patent suit involving its "skinny label" on a generic heart drug, saying the ruling puts the availability of lower-cost generics at risk.
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December 05, 2025
Cannabis Co. Says Rival Used AI-Fabricated Suit To Ruin Biz
Medical marijuana company Leafwell Inc. said Friday that competitor My Florida Green used artificial intelligence to fabricate legal claims and draft a factually and legally deficient complaint as part of a scheme to extort Leafwell and ruin its business, according to a suit filed in Florida federal court.
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December 05, 2025
9th Circ. Won't Unfreeze Trump Cuts To Student Mental Health
The Ninth Circuit rejected the Trump administration's effort to undo a lower court's pause on federal funding reductions to K-12 mental health services, siding with a coalition of 16 states seeking to preserve programs established in the wake of high-profile school shootings.
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December 05, 2025
3rd Circ. Backs NJ In-State Rule For Medical Aid In Dying
A Delaware woman with terminal cancer cannot end her life with medical assistance in New Jersey, the Third Circuit ruled Friday in a precedential opinion, finding that the Garden State residency requirement for medical aid in dying is restricted solely to New Jerseyans.
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December 05, 2025
Federal Hemp Ban Enforcement Uncertain, Report Finds
It is unclear how or whether federal agencies will enforce the federal ban on intoxicating hemp due to take effect in 11 months or apply the same hands-off approach that has governed marijuana, according to a recent report from the Congressional Research Service.
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December 05, 2025
ERISA Recap: 4 Rulings Worth Paying Attention To From Nov.
The Ninth Circuit striking down a class action win for transgender employee health plan participants who said their gender-affirming care denials were discriminatory is just one noteworthy Employee Retirement Income Security Act ruling from November. Here's a recap of that ruling and three others.
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December 05, 2025
Cancer Detection Biz Going Public Via $1.1B SPAC Merger
Cancer detection company Freenome Holdings Inc. announced plans Friday to go public through a merger with special purpose acquisition company Perceptive Capital Solutions Corp. in a deal that gives the combined business a post-transaction equity value of $1.1 billion and was built by three law firms.
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December 05, 2025
Pharma Co. Says Ex-Staff Used Secrets To Compete
Pharmaceutical supplier New Life Medicals (USA) Inc. told a North Carolina state court that a former warehouse manager, a freelance contractor and a business partner conspired to steal confidential information to form a competing venture only 10 miles away.
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December 05, 2025
Justices Take On State Court Review Doctrine Case
The U.S. Supreme Court agreed on Friday to consider whether an appellate court correctly invoked the doctrine blocking federal courts from reviewing state court judgments in a case concerning an involuntary hospital commitment.
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December 05, 2025
Georgia Turns To 11th Circ. In Trans Prisoner Care Fight
The Eleventh Circuit will get a chance to weigh in on a district judge's recent decision requiring the Georgia Department of Corrections to provide hormone therapy to transgender inmates, according to a Friday filing in federal court.
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December 05, 2025
CDC Panel Ends Recommendation Of Hepatitis B Shot At Birth
A panel of federal vaccine advisers on Friday voted to lift a long-standing recommendation that all newborns be given vaccinations for hepatitis B.
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December 04, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
Is the False Claims Act constitutional? Will Mark Zuckerberg be deposed in high-profile privacy litigation? Did a major drugmaker's shenanigans cost investors nearly $7 billion? That's a small sample of the intriguing legal questions we're exploring in this preview of December's top appellate action.
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December 04, 2025
11th Circ. Blocks Fla. City's Abortion Clinic Buffer Zone Law
The Eleventh Circuit on Thursday ordered a preliminary injunction blocking a Clearwater, Florida, ordinance requiring a 5-foot buffer zone outside an abortion clinic, finding the city likely violated protesters' rights by burdening their ability to leaflet drivers.
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December 04, 2025
Trans Defendants Deserve 'Basic Respect,' Experts Say
The case of Justice Brett Kavanaugh's would-be assassin, who came out as a transgender woman following her arrest, illustrates how criminal courts can be unprepared for, or even hostile to, trans defendants, and experts tell Law360 that courts can make significant inroads by showing trans people a modicum of respect.
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December 04, 2025
CDC Vaccine Committee Punts Hepatitis B Vote Again
Federal vaccine advisers on Thursday put off a vote on changing guidelines for a long-used hepatitis B vaccine for infants, delaying again a decision expected to have wide-ranging ramifications for national childhood vaccine policy in the U.S.
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December 04, 2025
Credit Bureaus Can't Duck Suit Over Excluded Medical Debt
A California federal judge has found that Equifax, Experian and TransUnion must face key parts of a rejiggered proposed antitrust class action from medical practices and collection agencies targeting the credit reporting agencies' decision to exclude medical debt under $500 from consumer credit reports.
Expert Analysis
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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New Colo. Teen Privacy Rules Signal National Regulatory Shift
Recently released proposed rule amendments to the Colorado Privacy Act that would create some of the most robust protections for minors' online data in the U.S. reflect an ongoing trend of states taking steps to extend privacy protection for their residents, complicating the compliance burden for companies, say attorneys at Morgan Lewis.
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A Shifting Trend In FDA Form 483 Disclosure Obligations
A New York federal court's Checkpoint Therapeutics decision extends a recent streak of dismissals of securities class actions alleging that pharmaceutical companies failed to disclose U.S. Food and Drug Administration Form 483 inspection reports, providing critical guidance for companies during the FDA approval process, say attorneys at Alston & Bird.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Mitigating Employer Liability Risk Under Sex Assault Rule
The American Law Institute's newly approved rule expands vicarious liability to employers for certain sexual assaults that employees commit, which could materially increase employers' exposure unless they strengthen safeguards around high-risk roles, say attorneys at Morgan Lewis.
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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.