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Health
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August 19, 2025
Trump's 'Abnormal' Use Of FCA Could Get Tricky In Court
The Trump administration is wielding the False Claims Act in unusually narrow ways to drive policies on social and cultural issues — including gender-affirming care and diversity, equity and inclusion programs — but the government's potential theories of liability under the federal law remain largely untested and might not hold up in court, experts say.
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August 18, 2025
HHS Says Layoffs, Reorganization Are Within Its Authority
The Trump administration urged a Rhode Island federal judge to toss claims that massive cuts to the Health and Human Services Department violate the U.S. Constitution and usurp congressional authority, arguing the state plaintiffs don't have the authority to dictate how the executive branch manages its personnel.
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August 18, 2025
'Ketamine Queen' Takes Plea Deal In Matthew Perry Case
The woman known as the "Ketamine Queen" of North Hollywood has agreed to plead guilty to providing the ketamine that led to the 2023 death of "Friends" star Matthew Perry, according to a plea agreement filed in California federal court on Monday.
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August 18, 2025
WWE Accuser's Atty Wants Doctor's Defamation Suit Paused
The attorney and law firm for a woman accusing World Wrestling Entertainment Inc. of sex trafficking have asked a federal judge to shut down evidence probes in a defamation lawsuit filed by a doctor who allegedly treated the accuser at former CEO Vince McMahon's request.
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August 18, 2025
Catching Up With Delaware's Chancery Court
Executives and board members of Cencora Corp. tentatively settled a stockholder derivative suit for $111.25 million, VectoIQ board members reached a $6.3 million deal on stockholder claims over electric carmaker Nikola's prospects, and class attorneys who secured a $50 million derivative suit settlement saw their proposed 25% attorney fee cut by almost half. Here's the latest from the Delaware Chancery Court.
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August 18, 2025
Age Act Doesn't Cover UC Residency Bid, 9th Circ. Affirms
The Ninth Circuit on Monday affirmed a district court's decision to grant summary judgment to the Regents of the University of California in an age discrimination suit brought by a medical residency applicant, holding that selecting medical residents is an employment practice not covered by the Age Discrimination Act.
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August 18, 2025
Texas Investigates Meta Over AI Mental Health Services
The Texas attorney general said his office will investigate Meta AI Studio and Character.AI on allegations they are misleading consumers into thinking their chatbots are mental health tools, according to an announcement issued Monday, which also suggested the companies' activities may violate the state's privacy laws.
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August 18, 2025
Del. Justices Reject CVS Bid For Opioid Claim Insurance
CVS Corp. lost its bid on Monday for Delaware Supreme Court reversal of a lower court ruling rejecting the healthcare giant's argument that insurers should cover government, hospital and third-party payer claims for economic losses related to the company's opioid dispensing practices.
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August 18, 2025
Most Ozempic, Wegovy Claims Survive MDL Dismissal Bid
Eli Lilly & Co. and Novo Nordisk will have to face most of a multidistrict litigation accusing them of misleading consumers over the risks and benefits of popular weight loss drugs like Ozempic and Trulicity, after a Pennsylvania federal judge only trimmed a few of the dozen claims the drugmakers tried to have tossed.
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August 18, 2025
Infosys Can't Ax Trade Secrets Suit Over Healthcare Software
Cognizant TriZetto Software Group Inc.'s trade secret and breach of contract claims against competitor Infosys Ltd. were filed in a timely fashion and are detailed enough to move forward, a Texas federal judge has found.
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August 18, 2025
DEA Asks Health Officials To Review Psilocybin Rescheduling
The U.S. Drug Enforcement Administration has transmitted a request to loosen federal restrictions on psilocybin, the main compound in psychoactive mushrooms, to federal health officials for a scientific and medical analysis, according to emails reviewed by Law360.
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August 18, 2025
Burr & Forman Must Face Claims From Healthcare Scheme
A Georgia federal judge has denied Burr & Forman LLP's bid to escape a lawsuit accusing the firm of being party to a massive healthcare fraud scheme, ruling that it must largely face malpractice and breach of fiduciary claims from a pair of bankruptcy trustees.
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August 18, 2025
Nurse Snags Collective Cert. In Missed Meal Breaks Suit
A former registered nurse at a North Carolina nursing home can proceed as a collective in her suit claiming that a nursing home operator and the nursing facility cheated her out of missed meal breaks, a federal judge said, limiting, however, the reach of the collective.
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August 15, 2025
DOJ Backs Small Biz In Gender Dysphoria Coverage Dispute
The U.S. Department of Justice told a New Hampshire federal court Friday that employers are not required under federal anti-discrimination laws to provide medical coverage for gender dysphoria, and that federal religious freedom law protects a turbomachinery company from covering a transgender employee's treatment for the disorder.
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August 15, 2025
6th Circ. Backs Baker Donelson In Malpractice Dispute
A Sixth Circuit panel said Friday that Baker Donelson was correctly dismissed from a legal malpractice suit brought by the founder of an urgent care facility because it cannot be established that the underlying shareholder dispute claims that the firm was accused of fumbling would have been successful.
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August 15, 2025
NJ Watchdog Fights File Disclosure In Hospital Antitrust Suit
The New Jersey State Commission of Investigation on Thursday challenged a federal judge's refusal to protect investigative materials that RWJBarnabas Health Inc. wants to subpoena as it defends an antitrust suit by CarePoint Health Systems Inc., arguing the ruling violates precedent giving such records the same secrecy protections as grand jury materials.
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August 15, 2025
Microsoft Unit Agrees To Pay $8.5M In MOVEIt Hack MDL
A Massachusetts federal judge has preliminarily signed off on an $8.5 million settlement reached between Nuance Communications and more than 1 million patients in multidistrict litigation over a 2023 malware attack that exploited a vulnerability in Progress Software's MOVEIt transfer file tool.
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August 15, 2025
Life Spine Owes $9.5M In Implant Patent Suit, Jury Says
A Delaware federal jury on Friday found that medical technology manufacturer Life Spine Inc. owes $9.5 million for infringing a Globus Medical Inc. patent on parts used to make expandable implant devices used in spinal fusion surgeries.
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August 15, 2025
Judge Clears School Of Violating GOP Club's Speech Rights
A Michigan federal judge has ruled that a public high school in Ann Arbor did not violate the constitutional rights of conservative students by refusing to air an announcement opposing an abortion rights measure.
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August 15, 2025
Technology Co. Says Zurich Must Defend Shareholder Suit
A technology company behind a brain fitness app told a Delaware federal court Friday that a Zurich unit must defend it in an underlying shareholder suit accusing the company and its directors of misappropriating funds, misleading investors and violating corporate obligations.
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August 15, 2025
$111.25M Del. Settlement Proposed For Cencora Opioid Suits
Executives and board members of Cencora Corp. — formerly AmerisourceBergen — have tentatively settled for $111.25 million a Delaware Court of Chancery stockholder derivative suit accusing them of taking a "devil may care" attitude toward the illegal distribution of opioid painkillers at the center of a nationwide addiction epidemic.
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August 15, 2025
Wholesalers Want Final OK For $51M AstraZeneca Settlement
Drug wholesalers asked a Delaware federal judge Thursday for the final stamp of approval on a combined $51.4 million in settlements AstraZeneca Pharmaceuticals LP and Handa Pharmaceuticals LLC agreed to pay to resolve allegations AstraZeneca paid off generic-drug makers, including Handa, to protect its brand antipsychotic Seroquel XR.
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August 15, 2025
AbbVie's Key RICO Claims In Drug Cost Fraud Suit Survive
An Illinois federal judge on Friday ruled that AbbVie could move ahead with the bulk of its racketeering, tortious interference and fraud claims against a behind-the-scenes healthcare company that the drugmaker alleges colluded with pharmacy benefit managers to fraudulently obtain drugs meant for patients in AbbVie's charitable programs.
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August 15, 2025
NY Fines Insurer Healthplex $2M Over Cybersecurity Failures
A dental insurance provider has agreed to pay a $2 million penalty and undergo an audit of its multifactor authentication controls in order to resolve the New York financial regulator's claims that its failure to implement robust cybersecurity safeguards led to an email phishing attack that exposed customers' sensitive data.
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August 15, 2025
Boies Schiller Seeks To End Fla. Fee Suit Between Law Firms
Boies Schiller Flexner LLP and related defendants have moved to dismiss a Florida state lawsuit brought by a pharmaceutical mass tort law firm and related parties to block their former counsel from collecting fees after being fired for allegedly insufficient representation.
Expert Analysis
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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.
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11 Tips For Contractors Dealing With DOD Staff Reductions
Defense contractors should prepare for a wide range of disruptions related to procurement and contract administration that are likely amid federal workforce reductions, say attorneys at Covington.
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GC Nominee Likely Has Employer-Friendly NLRB Priorities
President Donald Trump’s nomination of Crystal Carey as general counsel of the National Labor Relations Board indicates the administration's intent to revive precedents favorable to employers, including expansion of permissible employer speech and reinstatement of procedural steps needed for employees to achieve unionization, say attorneys at Vorys.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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6 Criteria Can Help Assess Executive Branch Actions
With new executive policy changes announced seemingly every day, several questions can help courts, policymakers and businesses determine whether such actions are proper, effective and in keeping with our democratic norms, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.
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Learning From COVID-19 Enforcement Against Nursing Homes
Five years after the COVID-19 outbreak caused a high number of deaths in nursing homes, an examination of enforcement actions against nursing homes in New York and elsewhere in the country highlights obstacles that may arise when bringing cases of this type, and ways to overcome them, says Kenneth Levine at Stone & Magnanini.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.