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Health
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April 14, 2025
9th Circ. Says $24M Punitive Damages In Jail Death Too Steep
A jury correctly determined that a healthcare contractor was liable for the death of a woman in custody in a Washington jail, a split Ninth Circuit panel ruled Monday, but its $24 million award for punitive damages was excessive.
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April 14, 2025
Ark. PBM Regulation Violates ERISA, Teamsters Fund Says
An Arkansas insurance regulation forcing health plans to turn over information about reimbursement rates negotiated by pharmacy benefit managers, or PBMs, conflicts with federal benefits law, a Teamsters healthcare fund claimed, urging an Illinois federal court to block the state from enforcing the rule.
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April 14, 2025
Judge Threatens Penalties Over Late Report In Fla. Fee Suit
A Florida federal judge threatened parties in a federal proposed class action over excessive fees charged to maintain retirement savings plans, warning there will be sanctions if they do not respond to an order to show why they failed to timely file a case management report.
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April 14, 2025
Quinn Emanuel, King & Spalding Rep Harvard In Trump Letter
Harvard University on Monday turned to a pair of high-powered lawyers from Quinn Emanuel Urquhart & Sullivan LLP and King & Spalding LLP as the school pushed back on the Trump administration's policy demands linked to nearly $9 billion in federal funding — a move that prompted the government to freeze more than $2 billion in grants for the school.
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April 14, 2025
J&J Units Beat Patent Suit Over Surgical Screw Designs
A Delaware federal judge has handed Johnson & Johnson subsidiary DePuy Synthes Inc. a win in a patent infringement lawsuit launched by a retired surgeon's patent company over surgical screw technology, finding that the patent claims are too broad and invalid for lack of enablement.
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April 14, 2025
FTC Joins DOJ In Targeting Anticompetitive Regulations
The Federal Trade Commission launched a public inquiry Monday to look into reducing regulations that are hindering competition, following a similar move by the U.S. Department of Justice last month.
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April 11, 2025
CFPB To Pull Medical Debt Opinion, May Ax Nonbank Registry
The Consumer Financial Protection Bureau said Friday that it will scrap recent guidance aimed at reining in medical debt collectors and may close out its new national nonbank enforcement registry, extending the agency's pullback from its Biden-era policies.
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April 11, 2025
Feds Say Judge Should Limit Foreign Aid Freeze Injunction
The Trump administration asked a D.C. federal judge on Friday to commit to dissolving part of a preliminary injunction requiring it to pay all grant recipients and contractors for foreign assistance work done prior to Feb. 13, in light of a recent U.S. Supreme Court ruling.
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April 11, 2025
Express Scripts Judge Asks If Khan's FTC Exit Affects Suit
The Missouri federal judge overseeing Express Scripts' lawsuit accusing the Federal Trade Commission of defaming it with a report excoriating the pharmacy benefits manager for allegedly inflating drug costs asked the parties Friday if new leadership at the commission affects the case that significantly targets former Chair Lina Khan.
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April 11, 2025
Foreign Cos. Say Anti-Choking Device Patent Is Invalid
Two companies from China and one from Malaysia filed a lawsuit Friday in Texas federal court seeking an order that an anti-choking device patent is invalid, after the patent's owner allegedly told Amazon the foreign businesses' product listings on the website infringed his patent.
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April 11, 2025
Tariff Reprieve Offers Little Comfort For Venture-Backed IPOs
President Donald Trump's move to pause most tariff threats is not reassuring venture-backed startups eyeing public listings, many of which will likely postpone initial public offerings for at least another quarter or until shaky market conditions stabilize, a new report concludes.
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April 11, 2025
NC AG Can't Shield Most Merger Review Docs, Judge Holds
The North Carolina Attorney General's Office can't shield a host of internal records pertaining to its review of a 2019 hospital merger at the center of a compliance case, a state court judge has said, finding "only a few" records constitute protected attorney-client communications or work product.
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April 11, 2025
Telehealth Co. Sued Over 2024 Data Breach
A company that helps healthcare providers manage after-hours patient calls was hit with a proposed class action in New York federal court Friday alleging that it failed to secure user data prior to a 2024 breach that exposed the sensitive information of nearly 1 million people.
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April 11, 2025
Philly Dispensary's $24.5M Award Upheld In Fraud Suit
A Philadelphia state court judge stood by her decision to award $24.5 million to the co-owner of a medical marijuana company who alleged her partners defrauded her by convincing her to reduce her ownership stake in the company without telling her it was up for sale, noting the trial court wasn't empowered to modify a money calculation it didn't make.
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April 11, 2025
Rebuffed Medical Pot Patient Can Pursue Disability Bias Claim
A Pennsylvania federal judge has reinstated a medical marijuana user's disability bias claim in a lawsuit against a Cleveland-based construction company after revisiting a prior order, finding the company might have failed to explore alternative accommodations for the man's disabilities — apart from cannabis use — before rescinding a job offer.
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April 11, 2025
Fla. Pharmacy Pleads Guilty To Fraud Over Opioid OD Drug
A Florida-based pharmacy has agreed to plead guilty to healthcare fraud and to pay more than $1 million to settle civil claims it submitted false authorizations for an expensive opioid overdose treatment to federal insurers.
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April 11, 2025
5th Circ. Revives Unfair Competition Fight Over Arthritis Drug
The Fifth Circuit has revived Zyla Life Sciences LLC's lawsuit seeking to block Texas rival Wells Pharma from selling rheumatoid arthritis drug suppositories that aren't U.S. Food and Drug Administration-approved, rejecting Wells Pharma's argument that Zyla's state claims are preempted under federal law and noting that finding otherwise would have "staggering" implications.
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April 11, 2025
Future Pak Goes Public With $255M Theratechnologies Bid
Pharmaceutical manufacturer and packager Future Pak LLC, advised by Honigman LLP, on Friday publicly unveiled its proposal to acquire pharmaceutical company Theratechnologies Inc. for up to $255 million, a move that comes after Future Pak has received "minimal engagement" from the other company.
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April 11, 2025
Virginia Tribe Says Medicaid Dispute Will Sink Healthcare Biz
The Nansemond Indian Tribe is requesting that a federal court hand down an order that would instruct Virginia to continue processing its more than 130,000 unpaid Medicaid reimbursement claims, arguing that without it, the commonwealth will succeed in driving its healthcare entity out of business.
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April 11, 2025
Nursing Home Owner Gets 3 Years For $39M Tax Fraud
A New Jersey federal judge sentenced a nursing home operator to three years in prison for a $39 million employment tax fraud scheme involving care centers he owned across the country, a term three times as long as what prosecutors had requested.
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April 11, 2025
Mich. Co. Kept Truckers In Dark About Healthcare, Union Says
A Detroit trucking company's union contract required it to provide its workers with health insurance, but the company didn't take the necessary steps to ensure that employees signed up, a Teamsters local told a Michigan federal judge, seeking to compel the company to provide the benefit.
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April 11, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen law firm Michael Wilson & Partners reignite a 20-year dispute with a former director over an alleged plot to form a rival partnership, headphone maker Marshall Amplification sue a rival in the intellectual property court, and a commercial diving company pursue action against state-owned nuclear waste processor Sellafield. Here, Law360 looks at these and other new cases in the U.K.
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April 10, 2025
AbbVie Wants ND, SD Drug Pricing Laws Blocked
Drugmaker AbbVie Inc. on Thursday asked federal courts to block new drug-pricing laws in both North Dakota and South Dakota, alleging that the measures requiring the company to transfer products to certain pharmacies at discounted prices are unconstitutional.
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April 10, 2025
Ga. Rehab Facility Settles In $77.6M Wrongful Death Suit
The family of a man who died after being hit by multiple vehicles on a Georgia interstate has settled their lawsuit against the Doraville addiction rehabilitation center that abruptly discharged him days before his death.
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April 10, 2025
IP Forecast: Novartis' Entresto Fight Heads To DC Circ.
Novartis will go before the D.C. Circuit next week in the latest legal front in the drug giant's battle to stop generic versions of its blockbuster heart failure drug Entresto. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.
Expert Analysis
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Politicized OIGs Could Target Federal Employees, Contractors
After President Donald Trump fired nearly 20 inspectors general last week, it’s worth exploring how the administration could use Offices of Inspectors General to target federal employees and contractors, why it would be difficult to fight this effort, and one possible bulwark against the politicization of these watchdogs, says Sara Kropf at Kropf Moseley.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Takeaways From DOJ Fraud Section's 2024 Year In Review
Attorneys at Paul Weiss highlight notable developments in the U.S. Department of Justice Fraud Section’s recently released annual report, and discuss what the second Trump administration could mean for enforcement in the year to come.
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Opinion
IVF Suits Highlight Need For Better Legal Frameworks
The high number of in vitro fertilization embryo losses underscores the need for more cohesive legal and regulatory guidance related to human errors, property versus personhood, and liability, says Jeff Korek at Gersowitz Libo.
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Recent Suits Show Antitrust Agencies' Focus On HSR Review
The U.S. Department of Justice's suit this month against KKR for inaccurate and incomplete premerger filings, along with other recent cases, highlights the agency's increasing scrutiny of Hart-Scott-Rodino Act compliance for private equity firms, say attorneys at Willkie.
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Class Actions At The Circuit Courts: Nov. And Dec. Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Takeaways From FDA's Updated Confirmatory Trial Guidance
The U.S. Food and Drug Administration's latest draft guidance about accelerated drug approval indicates the FDA's intent to address the significant lag time between accelerated approval and full approval of drugs and may help motivate the industry to complete confirmatory trials, say attorneys at Sheppard Mullin.
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The Most Important Schedule I Drug Regulatory Shifts Of 2024
In 2024, psychedelics and cannabis emerged as focal points in medical research, marking a pivotal year in their legal and regulatory journey, but these developments presented both opportunities and challenges within this evolving field, say Kimberly Chew at Husch Blackwell and Stephen Kim at Avicanna.
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UPS Penalty Demonstrates Goodwill Impairment Red Flags
The U.S. Securities and Exchange Commission's recent $45 million penalty against UPS for withholding reports of goodwill impairment should warn investors to watch for the telltale signs of companies inflating their worth by delaying tests that would reveal similar declines in the value of intangible assets, say attorneys at Labaton Keller.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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Courts Must Stick To The Science On Digital Addiction Claims
A number of pending personal injury and product liability lawsuits allege that plaintiffs have developed behavioral addictions to the use of social media and video games — but this is not yet recognized by relevant authorities as an addiction, so courts must carefully scrutinize such claims, say attorneys at DLA Piper.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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FTC Privacy Enforcement Takeaways From 2024
In 2024, the Federal Trade Commission distinguished three prominent trends in its privacy-related enforcement actions: geolocation data protections, data minimization practices, and artificial intelligence use and marketing, say Cobun Zweifel-Keegan at IAPP and James Smith at Dechert.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.