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June 04, 2025
23andMe, Bidders Agree To Post-Ch. 11 Auction Offer Process
The winner of 23andMe's Chapter 11 auction and a nonprofit started by its co-founder can improve their offers to acquire the DNA testing company under procedures agreed to Wednesday in Missouri bankruptcy court, despite disruptions from a tornado warning and an attorney letting slip nonpublic details of an offer.
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June 04, 2025
USPTO Says Study Disproves Pharma Patent Thicket Claims
A U.S. Patent and Trademark Office unit has found that pharmaceutical patent thickets are rare after investigating arguments about their effect on drug pricing, the division's leader said Wednesday as part of a discussion on large patent families.
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June 04, 2025
4th Circ. Invokes Rooker-Feldman In Hospitalization Case
The Fourth Circuit on Wednesday found that a woman could not challenge a consent order she signed to be released from an involuntary hospital commitment, marking the first opinion of its kind from the court in two decades invoking the Rooker-Feldman doctrine.
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June 04, 2025
NC Biz Court Bulletin: TikTok Tussle And Merger Melee
Spring has sprung momentous decisions and quiet resolutions in some of the North Carolina Business Court's top cases, from clearing for trial the attorney general's suit over a hospital's post-merger standard of care to Cadwalader Wickersham & Taft LLP dropping its coverage dispute over a 2022 data breach.
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June 04, 2025
Copter Companies Will Pay $30M To 2 Estates For Fatal Crash
Two families whose loved ones were killed in a Duke Life Flight helicopter crash are getting $30 million in settlements between them from the companies behind the chopper's operation, construction and sale, according to dismissals filed in North Carolina state court Wednesday.
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June 04, 2025
3 Ways DOL Benefits Chief Nominee May Affect ERISA Cases
A key committee will decide Thursday whether to send President Donald Trump’s pick to lead the U.S. Department of Labor’s employee benefits arm ahead for a full Senate vote, setting the stage for what attorneys expect will be an employer-friendly shift in policies. Here are three ways Daniel Aronowitz could change benefits litigation if confirmed.
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June 04, 2025
Heart Device Maker iRhythm Gets Investor Claims Trimmed
A California federal judge has trimmed a class action accusing digital healthcare company iRhythm Technologies of making false and misleading statements about its heart-event monitoring device, finding that the suit does not plausibly plead knowledge of wrongdoing for most individual defendants, among other things.
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June 04, 2025
Judge Halts Fla. Law Over Medicaid Ballot Initiative Concerns
A Florida federal judge on Wednesday blocked state officials from enforcing part of a new law that opponents say threatens to criminalize those collecting signatures for a 2026 ballot initiative to expand Medicaid access.
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June 04, 2025
Novo Nordisk Wants Hospital Sanctioned For Insulin Pen Suit
Novo Nordisk Inc. has asked a Connecticut federal judge to sanction Griffin Health Services Corp. for suing the pharmaceutical company after settling a separate insulin pen contamination lawsuit, saying the hospital's complaint left out five important facts that could point blame back toward its own staff.
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June 04, 2025
Nationwide Hit With Suit Over Dropped Pet Coverage
A group of pet owners on Wednesday accused Nationwide of a bait-and-switch after it canceled one pet insurance plan for more than 100,000 pets, telling a Massachusetts federal court that the insurer dropped coverage for pets with old age or significant medical needs despite promising not to.
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June 04, 2025
Mo. Appeals Court Upholds City Tax On REIT's Rental Income
Healthcare real estate investment trust Ventas Inc.'s receipt of rental income earned from four medical office buildings in Kansas City, Missouri, is a business activity subject to the city's earnings tax, the Missouri Court of Appeals ruled, affirming a lower court decision.
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June 04, 2025
ITC Issues Import Ban In Dermatology Needle Patent Case
The U.S. International Trade Commission has blocked certain imports of skin treatment devices that infringe a series of patents owned by the U.S. subsidiary of a South Korean dermatologist's needle business.
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June 04, 2025
Ga. Manufacturer Fired HR Exec For Reporting Bias, Suit Says
An oxygen supply manufacturer has been sued in Georgia federal court by its former global vice president of human resources over allegations it fired her for reporting the harassment of a lesbian employee.
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June 04, 2025
DC Judge Weighs Harm In Teen Program Funding Fight
A D.C. federal judge on Wednesday seemed unconvinced by Planned Parenthood's assertion that new federal grant requirements for a public health initiative aimed at preventing teen pregnancy are harmful enough to warrant a preliminary injunction.
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June 04, 2025
Apple Can Shield Info In NJ TikTok Addiction Suit
A New Jersey state court will allow Apple Inc. to inject itself into the state attorney general's high-profile lawsuit accusing TikTok of designing features that harm and cause addiction in children, allowing the manufacturer of the iPhone to argue, away from public view, that certain content in the lawsuit should be redacted.
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June 04, 2025
Vape Cos. Urge 5th Circ. To Toss FDA Vape Marketing Rule
A group of small e-cigarette companies is asking the Fifth Circuit to revive their suit challenging the U.S. Food and Drug Administration's rule for premarket authorization of new tobacco products, saying the FDA failed to account for how the rule would affect small businesses.
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June 04, 2025
Ohio Nonprofit, Nursing Homes To Pay $3.6M To End FCA Suit
An Ohio-based nursing home operator has agreed to pay $3.61 million to settle False Claims Act allegations brought against it by the government over purportedly substandard and in some cases nonexistent care, according to a new announcement from the U.S. Department of Justice.
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June 03, 2025
Trump Admin. Nixes Guidance Protecting ER Abortion Care
The Trump administration said Tuesday that it is rescinding post-Dobbs guidance from 2022 that emphasized medical providers' abortion care obligations under federal law and that assured federal law protected providers' clinical judgment, regardless of conflicting state laws or mandates.
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June 03, 2025
Pharma Group Can Pursue Challenge To Insulin Pricing Law
A Minnesota federal judge refused Tuesday to throw out a lawsuit over a state law requiring drugmakers to provide insulin to low-income diabetic patients, finding the drug industry's top lobbying group has plausibly alleged that a new registration fee imposed by the law could be unconstitutional.
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June 03, 2025
Patent Deals Accelerate Access To Generics, Drug Group Says
Deals between the makers of brand name drugs and the companies behind their generic versions have led to billions of dollars in healthcare cost savings and faster access to cheaper medicines, according to a new report.
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June 03, 2025
6th Circ. Denies PBMs' Privilege Claim In Opioid MDL
A Sixth Circuit panel on Tuesday denied a petition from Cigna's Express Scripts and UnitedHealth's Optum seeking to reverse discovery orders allowing certain personnel files and internal communications into the multidistrict opioid litigation, finding that the two pharmacy benefit managers failed to show extraordinary abuses justifying relief.
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June 03, 2025
MultiPlan Must Face Reimbursement Pricing Antitrust MDL
An Illinois federal judge on Tuesday largely rejected a bid by MultiPlan to ditch multidistrict litigation accusing the company of illegally fixing out-of-network reimbursement rates, trimming only unjust enrichment claims while allowing antitrust claims to move forward.
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June 03, 2025
Plan Providers Must Face DOJ Overpayment Suit, Judge Says
A Maine federal judge refused to let five military healthcare plan providers escape a False Claims Act suit alleging that they knowingly pocketed millions of dollars that were overpaid, holding that U.S. Department of Justice claims against them pass muster for now.
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June 03, 2025
Adidas, UChicago Failed To Protect Data In Hacks, Suits Say
Adidas' American arm and the University of Chicago Medical Center have been sued for allegedly failing to keep sensitive identifying information safe from hackers who stole it through certain third-party vendors.
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June 03, 2025
InnovAge To Pay $27M To Resolve IPO Investors' Suit
InnovAge Holding Corp. and a class of stockholders have agreed to a $27 million settlement to resolve claims that the senior-health care company made misleading statements in an initial public offering that later caused stock prices to tank after a government audit exposed the falsehoods.
Expert Analysis
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6 Predictions For Cyber Risk And Insurance In 2025
This year is likely to bring with it some thorny and expensive cyber challenges, including increased ransomware activity, more data breach class actions and continued efforts to define business interruption loss calculations, say attorneys at Wiley.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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How Trump 2.0 May Change Business In Latin America
Companies in Latin America should expect to face more trade restrictions, tighter economic sanctions and enhanced corruption risks, as the incoming administration shifts focus to certain non-U.S. actors, most notably China, says Matteson Ellis at Miller & Chevalier.
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Opinion
Courts Must Curb The Drug Price Negotiation Program
The Inflation Reduction Act's drug price negotiation program upends incentive structures that drive medical innovation, and courts must act appropriately to avoid devastating consequences for American healthcare and the pharmaceutical industry, says Jeff Stier at the Consumer Choice Center.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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The OIG Report: Preparing For Oversight In 2025
Across sectors, Office of Inspector General work plans and challenge reports for 2025 provide a trove of information on the issues and industries that will likely be the focus of government oversight in the year to come, says Diana Shaw at Wiley.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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5 Drug And Device Developments That Shaped 2024
The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
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How To Manage During A Trade Dispute With USMCA Partners
Companies can try to minimize the potential impacts of future tariffs on Mexican and Canadian goods, and uncertainty about future trade relations, by evaluating supply chains, considering how they may be modified, and engaging with the new administration over exemptions and the upcoming review of the U.S.-Mexico-Canada Agreement, say attorneys at Holland & Knight.
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How New Fraud Enforcement Tool Affects Gov't Contractors
Government contractors will likely face greater scrutiny under the recently enacted Administrative False Claims Act, which broadens federal agencies' authority to pursue low-dollar fraud claims, but contractors may also find the act makes settlement of such claims easier to negotiate, say attorneys at Wiley.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Consultants Should Be Aware Of DOJ's Potential New Reach
The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.
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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.