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Health
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July 22, 2025
Sandoz Loses 'Nonsense' Bid To Avoid DOJ Deal In AGs' Case
A Connecticut federal judge has given dozens of state attorneys general a small but important win in a sprawling price-fixing litigation against generic-drug makers, applying previous admissions of criminal wrongdoing and flatly rejecting "ridiculous" efforts by Sandoz, Taro Pharmaceuticals and a former Sandoz official to avoid that application.
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July 22, 2025
US Olympic Officials Ban Trans Women, Comply With Trump
The U.S. Olympic & Paralympic Committee has banned transgender women from competition in Olympic women's sports, adding a clause to its policy that otherwise protects athletes from abuse but now also complies with President Donald Trump's executive order.
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July 22, 2025
Fair Use Carveout Applies To Med Device Repairs, Judge Says
A D.C. federal judge has shot down two industry groups' challenge to a rule that placed medical device diagnostic procedures and repairs under fair use copyright exceptions, saying all of their challenges under the Administrative Procedure Act were unpersuasive.
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July 22, 2025
Humana Asks Texas Court To Void 2025 Medicare Ratings
Humana Inc. has asked a Texas court to vacate the Centers for Medicare & Medicaid Services' 2025 star ratings for certain Medicare plans, writing that the evaluation rules "are dizzyingly complex" and unfairly resulted in a lower rating for its plan.
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July 22, 2025
Ohio Justices Accept AG's Bid To Limit Care For Trans Youths
The Ohio Supreme Court on Tuesday agreed to review an appeals court's finding that portions of a state law restricting gender-affirming care for transgender youths are unconstitutional.
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July 22, 2025
Employers, Plans Force Freeze Of Iowa's PBM Law
A federal judge slapped a temporary hold on parts of an Iowa law that aims to limit pharmacy benefit managers' power to set drug prices, ruling that provisions barring discrimination against certain pharmacies and pushing cost-saving strategies are preempted by federal benefits law.
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July 22, 2025
4th Circ. Backs Medicaid Fraud Conviction, 17-Year Sentence
A North Carolina lab owner lost his bid Tuesday to overturn his healthcare fraud conviction after the Fourth Circuit found evidence against him to be sufficient and the terms of his sentence reasonable.
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July 22, 2025
NC Hospital Says Dropped Malpractice Claim Dooms 2004 Suit
A North Carolina hospital is asking state appellate judges to determine whether a hospital can face claims of negligently credentialing a doctor if the plaintiffs have dropped the underlying medical malpractice allegation against the physician.
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July 22, 2025
Lawmakers Consider Case Of Would-Be Donor's 'Signs Of Life'
The nation's organ transplant system is again under the microscope of federal lawmakers after a federal investigation found that a Kentucky organ procurement organization moved forward with the transplant process despite the patient showing "signs of life."
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July 22, 2025
Rising Star: King & Spalding's Ariana Fuller
Ariana Fuller of King & Spalding LLP helped a California hospital win a $105 million jury verdict against Kaiser Foundation Health Plan over its reimbursement for out-of-network emergency care, earning her a spot among healthcare attorneys under age 40 honored by Law360 as Rising Stars.
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July 22, 2025
Judge Blocks Some Planned Parenthood Cuts In Partial Ruling
A Massachusetts federal judge partially blocked a measure passed by Congress this month stripping Medicaid funding from Planned Parenthood-affiliated facilities, but only as it applies to those that do not provide abortions or that receive minimal federal support.
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July 22, 2025
Ala. Pot Regulators Seek Dismissal Of Retaliation Suit
Alabama medical cannabis regulators have urged a federal judge to dismiss a lawsuit from a prospective medical marijuana business that was denied a license, or abstain from the matter entirely, because similar cases are pending in state court.
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July 21, 2025
Meta Took Data Of 30M Women From Menstrual App, Jury Told
Meta illegally took private health information from over 30 million women who used Flo Health's menstrual cycle app, a lawyer for the plaintiffs told a California jury Monday during opening statements in their privacy class action against the social media giant and the app-maker.
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July 21, 2025
J&J Unit's Catheter Rival Nears Injunction After $442M Win
A California federal judge indicated Monday he will issue a permanent injunction banning Johnson & Johnson's Biosense Webster from conditioning the provision of cardiac mapping services on purchases of cardiac catheters following Innovative Health's $442 million win on its antitrust claims, although he expressed doubt about some aspects of Innovative's request.
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July 21, 2025
Nonprofits Take Aim At New HUD Grant Rules
A coalition of nonprofit groups filed suit Monday in Rhode Island federal court, challenging new conditions for U.S. Department of Housing and Urban Development grants that target diversity, equity and inclusion programs; abortion access; and transgender individuals.
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July 21, 2025
Cigna Beats Most Of Conn. Doc's COVID Test Payment Suit
Cigna Health and Life Insurance Co. has beaten a Connecticut medical practice chain's unfair trade practices claims, but it must still face allegations — at least for now — that it didn't reimburse for millions of dollars' worth of COVID-19 tests and other pandemic-related services.
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July 21, 2025
Wash. Plastic Surgeon Can't Get $13M Jury Verdict Overturned
A Washington appeals court panel refused on Monday to undo a $13 million jury verdict against a plastic surgeon in a medical malpractice case, rejecting the doctor's argument that the lower court wrongly allowed evidence of state regulators' unrelated disciplinary proceedings against her.
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July 21, 2025
Walgreens Accused Of Failing To Provide Meal, Rest Breaks
Walgreens flouted Washington state law and Seattle's wage theft ordinance by failing to provide employees with meal and rest breaks and then automatically deducting time for breaks that workers never took, a former pharmacy employee said in a proposed class action in federal court.
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July 21, 2025
How GOP Judges Teed Up 4th Circ.'s Supreme Court Shutout
No appeals court found the U.S. Supreme Court's latest term less endearing than the Fourth Circuit, where a supersize shutout accentuated a multiyear slump for the once-favored circuit and repeatedly vindicated conservative dissenters on the left-leaning bench.
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July 21, 2025
Son Of Convicted Mich. Doc Ditches Fraudulent Transfer Case
The son of a Michigan doctor accused of fraudulently selling property and sending money to his family to avoid paying a $35 million forfeiture and $5.2 million restitution related to his healthcare fraud conviction was dismissed from the government's fraudulent transfer lawsuit against his father on Monday.
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July 21, 2025
Pa. Hospital Can Shield Some Docs In Birth Injury Suit
A Pennsylvania state appeals panel won't force a hospital to turn over all of its internal reports in a suit by parents alleging that the hospital's negligence led to their son's injuries at birth, finding that the hospital sufficiently showed that two of the three contested files are privileged.
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July 21, 2025
States Say Noncitizen Benefit Restrictions Are Creating Chaos
A coalition of 20 Democratic-led states and the District of Columbia sued the Trump administration on Monday for "upending" noncitizens' access to publicly funded programs like Head Start and food banks.
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July 21, 2025
HealthOne Faces Class Action From Nurses Over Missed Breaks
A group of nurses filed a proposed class action in Colorado state court Friday claiming that HealthOne violated state employment laws by failing to ensure employees took 30-minute meal breaks during their shifts.
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July 21, 2025
Aetna's Price-Fixing Suit 'Like Forum Shopping,' Judge Says
Aetna Inc.'s lawsuit alleging 23 pharmaceutical companies fixed prices for generic drugs seems like an attempt to work around a pause in similar Pennsylvania litigation, a Connecticut state judge said Monday, appearing sympathetic to the defendants' argument for dismissal or a stay.
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July 21, 2025
Dentist Can't Shake $11.4M Verdict Over Patient's Cancer
A Pennsylvania Superior Court on Monday affirmed an $11.4 million verdict against a dentist who allegedly ignored signs of skin cancer during appointments, rejecting her argument that the evidence didn't support the verdict.
Expert Analysis
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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5 Areas Contractors Should Watch After 1st 100 Days
Federal agencies and contractors face challenges from staff reductions, contract terminations, pending regulatory reform and other actions from the second Trump administration's first 100 days, but other areas stand to become more efficient and cost-effective, say attorneys at Thompson Hine.
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A New Tool For Assessing Kickback Risks In Health Marketing
The Seventh Circuit's recent decision in U.S. v. Sorensen, reversing a conviction after trial of a durable medical equipment distributor, highlights two principle considerations for determining whether payments to marketers in healthcare are unlawful under the Anti-Kickback Statute, says Elisha Kobre at Sheppard Mullin.
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Why Attys Should Get Familiar With Quantum Computing
Quantum computing is projected to pose significant updates to current practices in cryptography, making the issue relevant to policymakers and the legal profession generally, particularly when it comes to data storage, privacy regulations and pharmaceutical industry market changes, say professors at the University of San Francisco.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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AG Watch: Letitia James' Major Influence On Federal Litigation
While the multistate cases brought by New York Attorney General Letitia James appear to be based upon her interpretation of the effect of the Trump administration's policies on New York state and its residents, most also have a decidedly political tone to them, says Dennis Vacco at Lippes Mathias.
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How Trump Orders Affect Health Orgs.' Care For Trans Minors
Two recent executive orders issued by President Donald Trump regarding gender-affirming care for minors have put healthcare organizations in a precarious situation, and these institutions should prepare for various implications and potential scenarios, say attorneys at ArentFox.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Reproductive Health Under Trump So Far, And What's Next
Based on priorities stated so far, the Trump administration will likely continue to weaken Biden-era policies that protect reproductive health, with abortion, in vitro fertilization and contraception all being issues to watch closely amid a post-Dobbs shift, say attorneys at McDermott.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Contract Disputes Recap: Q&As, Gov't Claims, Pleading
Attorneys at Seyfarth examine decisions from the Armed Services Board of Contract Appeals, the Civilian Board of Contract Appeals and the U.S. Court of Federal Claims covering matters including superior knowledge, government claims and pleading standards.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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What's Next For Lab Test Regulation Without FDA Authority
A recent Texas federal court decision vacating the U.S. Food and Drug Administration's final rule that would apply FDA regulations to laboratory-developed tests signals potential positive impacts in the diagnostic space, and could inspire more healthcare entities to litigate against the government, say attorneys at Hooper Lundy.