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Health
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December 03, 2025
Fed. Circ. Wary Of Toughening Override Of CICA Stays
The Federal Circuit expressed doubt on Wednesday at the federal government's argument that judges should use a heightened standard of review when considering an agency's decision to override an automatic pause on contract performance during a bid protest.
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December 03, 2025
Calif. Privacy Agency Hits Marketer For Broker Registry Lapse
A Nevada-based marketing firm that builds custom audience lists for fitness and wellness brands has become the latest target of the California Privacy Protection Agency's efforts to police data brokers, with state officials announcing Wednesday the company had agreed to pay a $56,600 penalty for failing to register as a data broker.
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December 03, 2025
Punitive Damages Denied In Nursing Home Death Suit
A Florida state appeals court on Wednesday affirmed a trial court's rejection of a plaintiff's request to add a punitive damages claim to a suit over a nursing home resident's unusual spinal fracture death, saying the evidence didn't support a finding of gross negligence required for such a claim.
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December 03, 2025
NuVasive Urges Del. Justices To Revive Officer Conflict Suit
A Delaware vice chancellor applied the wrong standards in tossing a suit alleging a former officer of spine surgery tech venture NuVasive Inc. ran an insider scheme to lure surgeons to a competitor while planning his own jump, an attorney for NuVasive told a Delaware Supreme Court panel on Wednesday.
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December 03, 2025
Allstate Files RICO Suit Over Fla. Clinic's 'Exorbitant Charges'
Allstate hit a Florida medical practice and its owner with a Racketeer Influenced and Corrupt Organizations Act complaint alleging the owner ran an insurance billing scheme for pain management care in violation of permanent restrictions on his medical license.
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December 03, 2025
Neb. Justices Consider Reviving Medical Cannabis Challenge
The Nebraska Supreme Court gave little indication on Wednesday whether it would restore a legal challenge backed by state officials seeking to void medical marijuana legalization measures that were approved by supermajorities of state voters.
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December 03, 2025
Ga. Must Continue Care For Trans Prisoners, Judge Orders
A Georgia federal judge ordered the state's corrections system Wednesday to continue providing hormone therapy to transgender prisoners, entering a permanent injunction that partially blocks a 2025 law stripping prisons of funding for gender-affirming healthcare.
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December 03, 2025
Baxter Defeats Suit Over Stable Value Fund In $4B 401(k) Plan
An Illinois federal judge tossed a suit Wednesday from a worker who said medical products company Baxter International Inc. violated federal benefits law by retaining a lackluster stable value fund in its $4 billion retirement plan, ruling the data backing his case failed to capture long-term performance.
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December 03, 2025
'Dr. P.' Gets 2.5 Years For Selling Ketamine To Matthew Perry
A California federal judge sentenced a former physician who supplied Matthew Perry with ketamine before the "Friends" actor's overdose death to 2 years and 6 months in prison Wednesday, following the doctor's July guilty plea to four counts of illegally distributing the drug.
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December 03, 2025
AT&T Sues Generic Drug Manufacturers, Alleging Price-Fixing
AT&T has joined the bevy of litigants suing a swath of pharmaceutical companies over alleged generic drug price-fixing, claiming it shelled out billions of dollars for medication reimbursements to the drugmakers as part of its employee health plans when it could have spent far less if the drugs weren't subject to anticompetitive pricing.
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December 03, 2025
Judge To OK $16.5M 23andMe Insurer Buyback Deal In Ch. 11
A Missouri bankruptcy judge Wednesday agreed to approve a $16.5 million settlement between genetic testing company 23andMe and its insurers, in which the carriers proposed to buy back the unused portion of their cyber coverage.
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December 03, 2025
AGs Say Sun, Taro Settlement Mustn't Touch State Claims
State attorneys general have asked a Pennsylvania federal judge to again ensure their claims remain untouched by a settlement between private plaintiffs and generic-drug makers in sprawling price-fixing litigation, this time focusing on a $200 million deal between Sun Pharmaceutical, Taro Pharmaceuticals and employee benefit plans.
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December 02, 2025
NY Judge Seals Mangione's Arrest Footage Until Murder Trial
A New York state judge ruled Tuesday that footage of the arrest of Luigi Mangione, accused of the murder of UnitedHealthcare CEO Brian Thompson in Manhattan, will be sealed to the public — at least until he rules on its admissibility.
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December 02, 2025
States Hit Abbott With FCA Suit Over Infant Formula Recall
Seven states, including California, Michigan and New York, on Monday intervened in a False Claims Act suit brought by the federal government against Abbott Laboratories over the 2022 infant formula crisis seeking to recoup funds spent on the tainted baby food.
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December 02, 2025
CR Bard's Faulty Blood Filter Killed Wash. Woman, Suit Says
The family of a woman allegedly killed by a faulty blood filter implant accused device maker C.R. Bard Inc. in Washington federal court Monday of taking dangerous shortcuts as it rushed its line of products to market.
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December 02, 2025
Judge Blocks Planned Parenthood Funding Cut In 22 States
A Massachusetts federal judge Tuesday stopped the Trump administration from halting Medicaid reimbursements to Planned Parenthood clinics in 22 states, ruling the funding cutoff likely violated requirements to warn the states ahead of time about the change.
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December 02, 2025
6th Circ. Affirms UnitedHealth's Escape From Preempted Suit
The Sixth Circuit on Tuesday backed a decision to toss a worker's lawsuit accusing his employer and UnitedHealth and its subsidiaries of defrauding him into reimbursing his health insurance company for $25,000, agreeing with a lower court that federal benefits law completely preempted his state law claims.
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December 02, 2025
U Of Colo. To Pay $10M In Religious Bias Suit Over Vax Policy
The University of Colorado's medical school will pay $10.3 million to a group of employees and students who claimed in federal court that their religious exemption requests to the university's COVID-19 vaccine mandate were unlawfully denied, according to the group's attorneys.
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December 02, 2025
Defamation Litigation Roundup: FDA, Lively, Alexander Bros.
In this month's review of defamation fights, Law360 highlights a pharmaceutical company's suit against a former U.S. Food and Drug Administration official, as well as the latest decision siding against President Donald Trump in his fights with media companies.
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December 02, 2025
5th Circ. Wary Of FDA Process Behind Rule For New Vapes
A Fifth Circuit panel appeared skeptical Tuesday that the U.S. Food and Drug Administration properly accounted for how a new rule for premarket authorization of new tobacco products would affect small businesses in the industry.
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December 02, 2025
Breast Pump Co. To Pay $1M For Alleged Tricare Overbilling
The U.S. Attorney's Office for the Eastern District of Pennsylvania reached a $1 million settlement with a breast pump company and its owner, resolving allegations that they submitted false claims for reimbursement for service members and their families.
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December 02, 2025
Plan Members Assert Standing In Cigna Data Breach Fight
A group of Cigna health plan participants who claimed that the company failed to protect their data when it tracked their website activities asked a Pennsylvania federal judge not to throw out the suit, arguing that the proposed class had standing to sue over the alleged violations of state and federal privacy laws.
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December 02, 2025
Ga. Man Gets 46 Months For $24M Medicare Fraud Scheme
A Georgia man who copped to running a $24 million Medicare kickback scheme that funneled patients to a series of medical testing labs was hit with a nearly four-year prison sentence Tuesday by a Georgia federal judge.
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December 02, 2025
Under New Chair, Fed. Vax Panel To Redo Hep B Vote
The new chair of an influential federal vaccine advisory panel is set to lead a vote this week on whether to roll back federal recommendations that newborns get vaccinated against hepatitis B.
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December 02, 2025
Home Health Cos., Former Employee Settle Overtime Dispute
A group of Ohio-based home care staffing agencies accused of shorting employees on overtime pay have settled a putative class action against them alleging violations of state and federal wage laws.
Expert Analysis
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Breaking Down The Proposed Hemp Bill
A proposed bill in the U.S. House of Representatives, recently approved by the House Appropriations Committee, contains a rider that would significantly change the definition of hemp and dramatically reshape the current hemp-derived product market, say attorneys at King & Spalding.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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Lessons Learned 3 Years After First CCPA Enforcement Action
Three years after the first public enforcement action under the California Consumer Privacy Act, Attorney General Rob Bonta has pursued a steady stream of enforcement actions across industries, providing a clearer picture of how the law is being interpreted and enforced, says Tatum Andres at Kilpatrick.
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How To Prep For Potential Passage Of SAFER Banking Act
The Secure and Fair Enforcement Regulation, or SAFER, Banking Act, could fundamentally reshape how financial institutions interact with cannabis businesses, so operators that move now to get their house in order will be best positioned to capitalize if and when change comes, says Alex Leonowicz at Howard & Howard.
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The Future Of Lab-Test Regs After FDA Rescinds Rule
The U.S. Food and Drug Administration recently rescinded its laboratory-developed tests rule in response to a Texas federal court decision this spring, reinforcing a separation of authority between the FDA and the Centers for Medicare & Medicaid Services, and calling into question the FDA's role in overseeing such tests without congressional action, say attorneys at Venable.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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Opinion
8th Circ. Should Reaffirm False Commercial Speech's Nature
The Eighth Circuit in Goldfinch Laboratory v. Iowa Pathology Associates should assert that false commercial speech is not categorically immune from antitrust scrutiny, says Daniel Graulich at the Federal Trade Commission.
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Unpacking Ore. Law's Limits On PE Healthcare Investment
A recent Oregon law imposes significant restrictions on nonphysicians owning or controlling medical practices, but newly enacted amendments provide some additional flexibility in certain ownership arrangements without scuttling the law's intent of addressing concerns about the rise of private equity investment in healthcare, say attorneys at Debevoise.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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Criminal Healthcare Fraud Takeaways From 4th Circ. Reversal
After the Fourth Circuit reversed a doctor’s postconviction acquittal in U.S. v. Elfenbein last month, defense attorneys should consider three strategies when handling complex criminal healthcare matters, says Jonathan Porter at Husch Blackwell.
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Opinion
Furtive Changes To Federal Health Data Threaten Admissibility
A recent study showing that nearly 100 U.S. federal health datasets have been modified this year without any notation in official change logs should concern plaintiffs counsel, defense counsel and judges alike — because undermining data's integrity, authenticity and chain of custody threatens its admissibility in litigation, say attorneys at Kershaw Talley.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.
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What US-India Trade Deal Will Mean For Indian Pharma
Complicated by newly imposed tariffs from the U.S., the outcome of the U.S.-India trade talks is poised to reshape not just trade policy, but also the strategic alignment of the two countries' pharmaceutical ecosystems, says Jashaswi Ghosh at Holon Law Partners.
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Series
Law School's Missed Lessons: Negotiation Skills
I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.