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Health
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April 10, 2025
Vanda Sues FDA To Block Off-Label Use Drug Promo Regs
A pharmaceutical company, a Texas physician and an often-jet lagged traveler sued the U.S. Food and Drug Administration in Texas federal court Wednesday seeking to block marketing restrictions on the off-label uses of FDA-approved drugs, arguing that long-standing rules and Biden-era guidance runs afoul of the First Amendment.
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April 10, 2025
9th Circ. Open To Sending Invisalign Antitrust Suit To Trial
Two Ninth Circuit judges appeared open on Thursday to reversing Align's summary judgment win against a pair of class actions accusing Invisalign of monopolizing the clear braces and teeth scanners market, with one judge saying there is a triable factual dispute and another judge doubting Align's interpretation of antitrust law.
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April 10, 2025
GAO Denies Reconsideration Bid For $158M IT Deal Challenge
A Colorado information technology company challenging a $158 million U.S. Department of Veterans Affairs task order award failed to raise grounds to reconsider the denial of its bid protest, the U.S. Government Accountability Office said Thursday, as the company vowed to press on with its challenge.
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April 10, 2025
Calif. Centers Used 'Body Brokers' In $10M Scam, BCBS Says
Blue Cross Blue Shield of Oklahoma slammed two California recovery centers and their owners with a lawsuit Thursday, alleging they spearheaded a $10 million kickback scheme to employ "body brokers" to find Indigenous patients for substance treatment facilities where they went to appalling lengths to stop them from leaving.
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April 10, 2025
ICE Doctor's Defamation Suit Can Stand For Now, Judge Says
A Georgia federal judge has refused to toss a defamation lawsuit filed by a former immigration facility doctor who alleged he was defamed by the release of a true-crime podcast episode that accused him of performing forced hysterectomies on detainees.
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April 10, 2025
Pa. Family Blames Fatal House Fire On Prosthetic Arm Battery
The surviving family members of a house fire that killed two people are suing prosthesis manufacturers Liberating Technologies Inc. and Ossur Americas Inc. and related companies in Pennsylvania state court, claiming the battery in a prosthetic arm that was being charged during the night started the fire.
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April 10, 2025
GAO Tells DOD To Address Medical Facility Staffing
The U.S. Government Accountability Office said in a report Thursday that the U.S. Department of Defense doesn't know how much staff is needed for the offices it created to manage more than 700 medical facilities.
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April 10, 2025
Ga. Panel Signals Toddler Death Testimony Best Left To Jury
The Georgia Court of Appeals appeared unpersuaded Thursday by a pediatrician's bid to toss a $4 million medical malpractice verdict she was hit with for allegedly misdiagnosing a toddler's ingestion of a battery that later killed him, doubting her efforts to undermine the testimony of one of the family's key experts.
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April 10, 2025
Elevance Beats Teacher's Bias Suit Over Weight Loss Drugs
A Maine federal judge tossed a teacher's proposed class action claiming health insurer Elevance committed disability discrimination by declining to cover weight loss medication to treat obesity, finding she hadn't shown bias was behind her health plan's refusal to pay for the drugs.
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April 10, 2025
Holmes Seeks Full 9th Circ. Review Of Theranos Fraud Appeal
Convicted Theranos Inc. founder Elizabeth Holmes has asked the Ninth Circuit for en banc review of a panel's decision to affirm her criminal fraud conviction and 11-year prison sentence, saying problems with the opinion included a "time-warping relevance theory."
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April 10, 2025
3rd Circ. Backs Hospital In Doctor's COVID Vaccine Bias Suit
The Third Circuit on Thursday upheld a Philadelphia-area health system's win over an emergency room doctor's suit claiming he was unlawfully denied a religious exemption from its COVID-19 vaccination policy, saying the hospital demonstrated that granting his request would have been too difficult.
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April 10, 2025
Man Admits To $12.5M PPE Investment Fraud
A California man pled guilty Thursday to defrauding investors of $12.5 million by telling them he had a business opportunity to manufacture personal protective equipment and to create an aerosol product that would kill the coronavirus, Texas federal prosecutors said.
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April 10, 2025
Mental Health Co. Workers Challenge Unpaid-Training Ruling
A group of workers told a North Carolina federal court Thursday that they were employees of a residential mental health company before they started their initial training, urging the court to reconsider its ruling that they didn't need to get paid for that time.
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April 10, 2025
DC Circ.'s Views Of Hospital's Union Offers Tough To Read
The D.C. Circuit's leanings were tough to glean Thursday as judges raised few questions about a National Labor Relations Board ruling that George Washington University Hospital's aggressive bargaining proposals showed it approached negotiations with a longtime union in bad faith.
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April 10, 2025
Ill. Ambulance Co. Accused Of Denying Overtime Pay
An Illinois ambulance services company runs afoul of state and federal wage and hour laws by paying employees overtime wages only when they work more than 80 hours in a two-week period, thus denying the workers some of their overtime pay, a proposed class and collective action filed in federal court said.
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April 10, 2025
Mich. Justices Mull Hospital's Liability For Contract Doc's Acts
The Michigan Supreme Court on Thursday weighed a Corewell Health hospital's possible vicarious liability for independent physicians practicing within the hospital, with one justice pushing back on the idea that liability would be limited to emergency rooms.
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April 10, 2025
Kroger Customers Get Certification In Prescription Billing Suit
An Ohio federal judge certified three classes of Kroger pharmacy customers claiming they paid inflated co-pays for insured prescriptions, reasoning that the customers' claims raised common issues of law.
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April 10, 2025
Colo. Health System Wants Nurses' Wage Suit Trimmed
A group of nurses cannot proceed with their claim under the Colorado Minimum Wage Act that a state health system incorrectly calculated their overtime wages, the employer told a federal court, arguing that the allegation has nothing to do with unpaid minimum wages.
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April 09, 2025
'Evasive' Unions Told To List Fired Probationary Workers
The California federal judge who ordered the reinstatement of many fired probationary federal workers before the U.S. Supreme Court stayed his ruling on Wednesday ordered the public sector unions representing federal staffers to provide a list of their booted members, calling their claims that the information would be difficult to produce "evasive."
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April 09, 2025
Device Co. Suggested 'Crazy Glue' To Fix Fatal Flaw, Suit Says
A widow has hit the medical device manufacturing subsidiaries of Bracco SpA with a wrongful death lawsuit in Mississippi federal court, claiming among other things that subsidiary ACIST Medical Systems Inc. suggested fixing a defective product with "crazy glue" or "Sharpie" after it caused her husband's death.
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April 09, 2025
Trump Orders Agencies To Identify Anticompetitive Rules
President Donald Trump signed an executive order Wednesday requiring federal agency heads to identify regulations that create anticompetitive barriers with recommendations for what to do about them, following the U.S. Department of Justice's recent announcement of its own similar initiative.
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April 09, 2025
Texas Bill 'Penalizes' Sex Assault Victims, Atty Warns
A bill floated by Texas state lawmakers that would cap certain damages in personal injury lawsuits would prove devastating to sexual assault victims as it "penalizes" those who try to move on with their lives, according to an attorney who specializes in such cases.
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April 09, 2025
Mich. Panel: Gilead Immune From Recalled COVID Drug Suit
Gilead Sciences Inc. has escaped a lawsuit pinning a man's strokes on doses of an antiviral COVID-19 medication that were later recalled, with a Michigan state appeals court finding that the company is protected by a public health law's liability shield.
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April 09, 2025
Full Fed. Circ. Lets Stand Patent Tied To $400M Labcorp Loss
The full Federal Circuit on Wednesday rejected Labcorp's request for a review of a panel decision foiling its bid to challenge patent claims underpinning an infringement judgment against it that now totals $400 million.
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April 09, 2025
Ga. Hospital Faces Suit Over Toddler's Death From Ant Bites
The parents of a Georgia toddler who allegedly died from an allergic reaction to ant bites have filed a wrongful death lawsuit against Piedmont Healthcare Inc. and others, claiming their daughter died "needlessly because of sub-standard medical care" she received after being rushed to the hospital.
Expert Analysis
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Product Safety Issues In 2024 Highlight Need For Vigilance
A look at some of the medications and foods that led to significant class actions last year demonstrates the need for robust regulatory systems and proactive measures to protect consumers from defective and harmful products, says Jennifer Taylor at the Law Offices of James Scott Farrin.
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Lessons Learned From 2024's Top ADA Decisions
Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Health Tech Regulatory Trends To Watch In 2025
With an upcoming change in administration and the release of some long-awaited rules, the healthcare industry should prepare for shifting trends, including a growing focus on health data and interest in technology-enabled delivery of healthcare, say attorneys at Orrick.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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Reviewing 2024's Crucial Patent Law Developments
As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.
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10 Noteworthy CFPB Developments From 2024
In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Why Letters Of Protection Are Discoverable In Texas PI Suits
Recent Texas Supreme Court opinions and key provisions of the Texas Rules of Civil Procedure make letters of protection, in which plaintiff attorneys promise payment to healthcare providers based on jury awards, discoverable — good news for defendants fighting exorbitant damage claims in personal injury cases, says Nathan Vrazel at Munsch Hardt.
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Data Privacy Landscape After Mass. Justices' Wiretap Ruling
In Vita v. New England Baptist Hospital, Massachusetts’ highest court recently ruled that the state’s wiretap law doesn’t prohibit all tracking of website user activity, but major financial and reputational risks remain for businesses that aren't transparent about customer’s web data, says Seth Berman at Nutter.
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The Future Of GLP-1 Policy After Drug Shortage Ends
If and when the U.S. Food and Drug Administration determines that GLP-1 RA drugs are no longer in short supply, regulators will face questions of how to balance access to GLP-1 RAs with statutory and policy considerations applicable to compounded drugs, say attorneys at Skadden.
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Top 10 Whistleblowing And Retaliation Events Of 2024
From a Florida federal court’s ruling that the False Claims Act’s qui tam provision is unconstitutional to a record-breaking number of whistleblower tips filed with the U.S. Commodity Futures Trading Commission, employers saw significant developments in the federal and state whistleblower landscapes this year, say attorneys at Proskauer.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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2024 IPO Market Trends, And What To Expect Next Year
The initial public offering market returned to historically typical levels on a deal count basis in 2024 but continued to lag based on proceeds raised due to a larger number of smaller IPOs this year, and signs point to continued ongoing momentum in the next year, say attorneys at Paul Hastings.