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Health
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July 16, 2025
Charity Care Is Not Unconstitutional Taking, NJ Justices Rule
The New Jersey Supreme Court on Wednesday held that a state requirement to treat patients regardless of the patient's ability to pay does not amount to unconstitutional per se or regulatory taking, backing a lower court's decision that dismissed a group of Garden State hospitals' challenge to the requirement.
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July 16, 2025
Glucose Monitoring Co. LifeScan Hits Ch. 11 With $1.7B Debt
LifeScan Global Corp., a company that makes blood glucose monitoring devices, has filed for Chapter 11 protection in Texas bankruptcy court with $1.7 billion of debt and a plan supported by its private equity backer to trim more than 75% of debt by handing the business to existing lenders.
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July 16, 2025
CooperSurgical Wants Conn. Embryo Loss Claims Tossed
CooperSurgical Inc. should not have to face a Connecticut federal lawsuit over embryos lost to its recalled culture medium for in vitro fertilization, the company said in motions to dismiss or pause the litigation based in part on "significant briefing and discovery" in a first-filed case in California.
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July 15, 2025
Trump Admin Seeks Win In Harvard $2B Funding Freeze Case
The Trump administration urged a Massachusetts federal judge Monday to grant it summary judgment in Harvard University's lawsuit challenging the government's effort to freeze $2.2 billion in funding, arguing the dispute is a contract fight that belongs in the Federal Claims Court and the allegations fail on the merits.
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July 15, 2025
Patent Fight Over Xtandi Erupts Anew Before RFK Jr.
A new dispute is playing out over the price of a prostate cancer drug that was developed at University of California, Los Angeles, and is being sold by Pfizer, with the federal government being pushed on the issue of using its authority to allow early entry of generics.
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July 15, 2025
NC Docs Say Practice Duped Them Into Providing Free Labor
A trio of reproductive and women's health care physicians were enticed to sell their practice by promises of a brighter financial future, only to be forced into providing more than a year of free labor, the doctors say in a complaint designated to the North Carolina Business Court.
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July 15, 2025
Split 4th Circ. Rejects GenBioPro Abortion Ban Challenge
A split Fourth Circuit panel on Tuesday rejected GenBioPro's challenge to a West Virginia law banning medication abortion with narrow exceptions, with the majority finding the ban does not conflict with federal regulators' statutory authority to impose safety requirements on drug manufacturers.
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July 15, 2025
Insurers Prevail In $59M Mishandled Remains Row At 9th Circ.
Two insurers for a provider of medical training have no duty to cover a $58.5 million civil judgment against a man found liable for mishandling donated bodily remains, the Ninth Circuit ruled Tuesday, though also allowing the underlying claimants to still pursue bad faith claims against the insurers.
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July 15, 2025
House Lawmakers OK Bill To Block DOJ Rescheduling Pot
A Republican-led House subcommittee approved language Tuesday that would stop the U.S. Department of Justice from loosening federal restrictions on marijuana through the administrative process.
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July 15, 2025
9th Circ. Won't Revive SAG-AFTRA Vax Mandate Challenge
The Ninth Circuit declined Tuesday to reinstate a suit claiming SAG-AFTRA shirked its duties to union members by greenlighting a COVID-19 vaccine mandate to get actors back to work during the pandemic, ruling their claims are either untimely or preempted by federal labor law.
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July 15, 2025
Harrah's Accused Of Firing Supervisor Over Health Issues
A housekeeping supervisor said Harrah's Resort Atlantic City used flimsy reasoning to fire her after she sought time off for multiple health problems in a complaint filed in New Jersey federal court.
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July 15, 2025
Wash. Court Doubts Hospitals' Bid To Nix $230M Judgment
A Washington state appellate judge criticized a hospital system's attempt to undo a $230 million loss in a class wage and hour suit on Tuesday, suggesting the employer's arguments about meal break waivers and timekeeping practices are at odds with its own records.
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July 15, 2025
Workers Seek Class Status In United Pricing Scheme Suit
A group of workers urged a California federal judge to award them class certification in their suit alleging United Behavioral Health and a billing contractor shorted them on coverage for out-of-network substance use disorder treatments, arguing they put forward new detail that clears class status requirements.
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July 15, 2025
Kirkland Tops M&A League Tables In First Half Of 2025
Kirkland & Ellis LLP was the top mergers and acquisitions legal adviser both globally and in North America during the first half of 2025, as measured by both value and transaction numbers, league table data from GlobalData showed Tuesday.
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July 15, 2025
Wisconsin Health Co. Faces Trimmed 403(b) Fee Suit
A federal judge agreed to trim a federal benefits lawsuit against a Wisconsin health system from a proposed class of employees who said their 403(b) retirement plan was mismanaged, refusing to dismiss recordkeeping fee claims but agreeing to toss allegations of excessive investment management fees.
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July 15, 2025
Saudi Arabian Healthcare Co. Snags $124M In VC Funding
Saudi Arabian long-term care, rehabilitation and home healthcare services provider Baraya Extended Care on Tuesday announced that it secured $124 million in Series B funding led by healthcare investor TVM Capital Healthcare.
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July 15, 2025
UnitedHealth, Optum Accused Of Pregnancy Discrimination
Optum Care Inc. and parent company UnitedHealth Group fired a care team supervisor while she was on maternity leave without a tangible reason, according to a suit lodged in California state court.
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July 14, 2025
BCBS Defends $2.8B Provider Antitrust Deal Amid Objections
Blue Cross Blue Shield asked an Alabama federal judge on Friday to approve a $2.8 billion antitrust settlement with hospitals and other healthcare providers over its territorial policies, arguing that recent objections to the deal's release provision are meritless and the settlement preserves "key, procompetitive features" of the insurance system.
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July 14, 2025
Steward Health Fights To Confirm Chapter 11 Plan
Steward Health, a former multistate hospital operator, urged a Texas bankruptcy judge Monday to confirm its Chapter 11 liquidation plan despite objections to how it tallied votes and its plans to pay administrative expenses with future litigation proceeds.
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July 14, 2025
9th Circ. Partially Revives Doc's COVID-19 Insurance Fight
The Ninth Circuit on Monday revived a lawsuit from an immunocompromised oral surgeon claiming Paul Revere Life Insurance Co. wrongly denied him disability benefits when he stopped working during the COVID-19 pandemic, saying a reasonable jury could find that he was unable to do his work.
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July 14, 2025
CFPB Deal To Put Medical Debt Back On Reports OK'd
A Texas federal court has reversed a Biden-era rule that kept an estimated $49 billion in medical debt from credit reports after the Consumer Financial Protection Bureau and lender trade groups struck a deal to axe the rule.
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July 14, 2025
DOJ Drops Vax Card Case Against Plastic Surgeon Mid-Trial
The Justice Department dismissed charges against a Utah plastic surgeon accused of leading a conspiracy to forge COVID-19 vaccination cards for over 1,500 people, ending the case less than a week after trial began in Salt Lake City federal court.
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July 14, 2025
Court Says Insider Trading Rules Unscathed By Loper Bright
A U.S. Supreme Court ruling that curtailed deference to agency interpretations of law did not undermine the U.S. Securities and Exchange Commission's rules against insider trading, a Pennsylvania federal court ruled Friday.
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July 14, 2025
Fla. Landlord Accuses Akerman Of Botching Lease Language
Real estate investor Turner Healthcare Facilities Fund LP on Monday accused its former Akerman LLP counsel in a south Florida state court of having committed a $45 million "mistake" by approving unenforceable clauses in leases on properties the investor owned.
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July 14, 2025
UnitedHealth Settling Fraud Case Over Fake Invoice Scheme
UnitedHealth Group Inc. and a subsidiary are not going to trial in Colorado state court this week after the company reached a settlement with a defunct Colorado investment company that claimed UnitedHealth should have been liable for the "multi-million dollar fraudulent scheme" executed by a former employee, counsel for the plaintiff told Law360.
Expert Analysis
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Debunking 4 Misconceptions Around Texas' IV Therapy Law
Despite industry confusion, an IV therapy law enacted in Texas last week may actually be the most business-friendly regulatory development the medical spa industry has seen in recent years, says Keith Lefkowitz at Hendershot Cowart.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Psychedelic Treatment Regs May Be At A Tipping Point
Recent scientific and public attention suggest that development of psychedelics as treatment for some conditions may be at a tipping point, which could bring on more rapid change and opportunities for stakeholders who may in the future benefit from greater access to safe and effective psychedelic medicines, say attorneys at King & Spalding.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Focusing On Fluoride: From FDA To Class Action
A class action filed two days after the U.S. Food and Drug Administration announced plans to remove ingestible fluoride prescription drug products for children from the market may be the tip of the iceberg in terms of the connection between government pronouncements on safety and their immediate use as evidence in lawsuits, says Rachel Turow at Skadden.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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How Ore. Law Puts New Confines On Corp. Health Ownership
A newly enacted law in Oregon strengthens the state’s restrictions on corporate ownership of healthcare practices, with new limitations on overlapping control, permissible services, restrictive covenants and more making it necessary for practices to review decades-old physician practice arrangements, say attorneys at Ropes & Gray.
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Handling Revenue Cycle Management Disputes In The AI Age
As healthcare providers and revenue cycle management vendors face an increasing use of artificial intelligence in claims adjudication, it's important for providers and their general counsel to plan in advance for potential disagreements with vendors and investigate the root causes behind any underperformance that arises, say consultants at AlixPartners.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Trump Antitrust Shift Eases Pressure On Private Equity Deals
Enforcement actions and statements by Trump administration antitrust officials forecast a shift away from specifically targeting private equity activity, which should be welcome news to dealmakers, but firms shouldn't expect to escape traditional antitrust scrutiny, says Nathaniel Bronstein at Fried Frank.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Prepare For Increased FDA Inspections Of Foreign Facilities
In light of the U.S. Food and Drug Administration's recently announced plans to expand use of unannounced inspections of foreign drug manufacturing factories, foreign firms should implement best practices in anticipation of an imminent increase in enforcement activity, say attorneys at McGuireWoods.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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Opinion
Legacy Of 3 Justices Should Guide Transgender Rights Ruling
Three Republican-appointed U.S. Supreme Court justices — Anthony Kennedy, Sandra Day O'Connor and David Souter — gave rise to a jurisprudence of personal liberty that courts today invoke to protect gender-affirming care, and with the court now poised to decide U.S. v. Skrmetti, it must follow the path that they set, says Greg Fosheim at McDermott.