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Health
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August 11, 2025
DOJ Touts Merger, Rental Algorithm Deals, Eyeing More
The head of the U.S. Department of Justice's Antitrust Division on Monday touted two recent settlements, in a merger case and in the RealPage algorithmic rent-fixing litigation, as indications that Trump administration enforcers will focus on algorithm-based price-fixing and are willing to "negotiate favorable settlements."
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August 11, 2025
Claims Court Judge Orders VA To Redo Drug Procurement
The U.S. Court of Federal Claims has ruled that the Department of Veterans Affairs violated the Trade Agreements Act by opting to purchase prostate medication from a company sourcing the drug from India, a non-TAA designation country.
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August 11, 2025
P&G Must Face Claims Of Unsafe Lead Levels In Tampons
A California federal judge has refused to dismiss the bulk of a suit alleging the Proctor & Gamble Co. sold tampons that contained amounts of lead beyond what California allows, saying the latest complaint included enough detail about the testing for the case to move forward.
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August 11, 2025
Judge Rules NYC Can Enforce Kava Cafe Shutdowns
A Manhattan federal judge has ruled that New York City public health and safety officials were within their authority to issue shutdown orders to restaurants that served kava, a federally unregulated psychoactive plant derivative.
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August 11, 2025
WWE Accuser Can Get Doctor's Records, But Not Depositions
The former World Wrestling Entertainment Inc. legal staffer who is suing the company on sex trafficking and abuse claims can access medical and billing records from her visits to a celebrity doctor, but she can't conduct any depositions without filing a separate lawsuit, a Connecticut state court judge ruled Monday.
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August 11, 2025
Proskauer Hires Epstein Becker Lawyer For DC, LA Practices
A healthcare litigator with experience in-house, at the U.S. government and in private practice, has joined Proskauer Rose LLP as a partner to continue working on healthcare, white collar defense and investigation, the firm announced Monday.
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August 11, 2025
Fired PGA Tour Reporter Says Vaccine, Mask Objections Legit
A former PGA Tour on-air talent, who was terminated for not complying with COVID-19 protocols, has told a Florida federal court that a trial is the appropriate vehicle through which to analyze whether her religious objections were "bona fide," and that the question cannot be addressed at the summary judgment stage.
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August 08, 2025
Ex-Ga. ICE Doc Ends Slander Suit Against Amazon Podcast
A former physician at a Georgia immigration detention center has settled his lawsuit against a true crime podcast and its host, alleging they defamed him by claiming he performed forced hysterectomies on detainees.
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August 08, 2025
Hospital, Clinic Exit Suit Over Man's Fatal Stabbing
A California appeals court has refused to revive a woman's suit against a psychiatric hospital and outpatient clinic blaming them for the death of her husband who was stabbed by her mentally ill son, saying the healthcare providers are shielded by a psychotherapist immunity statute.
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August 08, 2025
Urgent Care Operator Must Face Meta Pixel Privacy Claims
A Midwest Express clinic patient can proceed with her lawsuit targeting the urgent care clinic's use of tracking tools including Meta's Pixel to share personal health information with the social media company because she's outlined plausible federal and state privacy violations, an Illinois federal judge has ruled.
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August 08, 2025
Ch. 7 Claim Can't Nab Early Win For Litigation, 2nd Circ. Says
A medical device distributor can't use an allowed claim from a former employee's Chapter 7 bankruptcy to win summary judgment in a long-running lawsuit, the Second Circuit ruled Friday.
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August 08, 2025
LAPD Wins Bid To Withhold 'Embarrassing' Body Cam Footage
The public will not get to see body-camera footage allegedly showing a Los Angeles police officer destroying an MRI machine after his rifle was pulled into its magnetic field during a raid on an X-ray clinic that was wrongly assumed to be a cannabis grow site, a California federal court ruled, seeking to avoid "embarrassing" the officers named in the civil suit.
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August 08, 2025
NJ Legislation Highlights From The 1st Half Of 2025
During the first half of 2025, New Jersey lawmakers addressed a long-standing judicial vacancy crisis, strengthened protections for utility customers and streamlined the asbestos remediation process for Jersey City's historic courthouse.
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August 08, 2025
Fla. Panel Slams 'Unending Demand' In Nursing Home Suit
A Florida appeals court reinstated an estate's suit against the owners and managers of a nursing home over the lack of treatment of one of its now-deceased residents, chastising the "seemingly unending demand" for detail as the trial court repeatedly called for amendments to the initial complaint.
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August 08, 2025
Trump EO Requires Appointee Oversight Of US Grantmaking
President Donald Trump has issued an executive order requiring that all funding opportunity announcements and grant awards be reviewed by his political appointees and allowing for grants to be terminated that fall outside the administration's priorities.
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August 08, 2025
DC Medicaid Recipients Win Class Cert. For Notice Row
A D.C. federal judge granted a class certification motion lodged by a group of Medicaid beneficiaries who allege the district has violated their due process rights by failing to provide individualized written notices explaining prescription coverage denials and appeal rights.
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August 08, 2025
Costco Judgment Reversed Over Expert Report Rule Misstep
The Eleventh Circuit has reversed a Florida federal court's judgment for Costco Wholesale Corp. that nixed a $155,000 jury award in a shopper's slip-and-fall lawsuit, finding the lower court misinterpreted a rule as requiring the shopper's treating physician to file an expert written report in order to testify.
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August 08, 2025
Prison Health Co. Spinoff Can't Duck Some Inmates' Suits
A Texas bankruptcy judge is allowing some incarcerated individuals to continue suing a company that was spun off from prison healthcare provider Tehum Care Services prior to its Chapter 11 filing, after finding that certain inmates are not bound by the third-party release in Tehum's bankruptcy plan because they were not given a chance to opt out.
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August 08, 2025
Administration Says States Can't Second-Guess ACA Changes
The Trump administration urged a Massachusetts federal court to reject a request by a group of states seeking to stay implementation of new rules that will reduce Affordable Care Act healthcare marketplace subsidies and enforce certain enrollment restrictions.
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August 08, 2025
Pa. Pharmacy To Pay $825K To Resolve False Claims Case
A Pennsylvania pharmacy has agreed to pay $825,000 to resolve claims that it defrauded Medicare, the latest in a recent string of such settlements in the Eastern part of the state, according to the Philadelphia-based U.S. Attorney's Office.
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August 08, 2025
Rite Aid Picks Azend As Buyer Of Pharmacy Assets
Pharmacy chain Rite Aid has told a New Jersey bankruptcy judge it's selected Med One Pharmacy Inc. as the buyer of drugs in its inventory, customer information, leases and other assets, months after the company transferred millions of prescriptions and dozens of stores to CVS and other businesses in Chapter 11.
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August 08, 2025
Iowa PBM Law Challengers Seek Wider Block At 8th Circ.
Employers and benefit plans challenging an Iowa law aiming to limit pharmacy benefit managers' power to set drug prices will seek Eighth Circuit review of a district court judge's decision from July that temporarily blocked parts of the new policy as preempted by federal benefits law.
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August 08, 2025
Attys Seek Final OK Of $100M Walgreens Rx Cost Settlement
An Illinois federal judge should greenlight a $100 million settlement to claims that Walgreens overcharged insured customers for generic prescription drugs, the plaintiffs' attorneys said, asking the judge to wrap up the 8-year-old consumer protection litigation.
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August 08, 2025
Medical Tech Startup Heartflow's Upsized IPO Raises $317M
Venture-backed medical technology company Heartflow Inc. began trading publicly on Friday after raising nearly $317 million in an upsized initial public offering that exceeded its initial price range, marking the latest in a wave of medtech startups to go public recently.
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August 07, 2025
Health Insurance Telemarketers Cough Up $145M In FTC Suits
Two telemarketing companies will pay $145 million to settle Federal Trade Commission claims that they misled millions of consumers into buying phony health insurance plans, the FTC said in a Thursday announcement accusing the telemarketers of making false promises that didn't provide what they offered.
Expert Analysis
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Del. Dispatch: A Look At Indemnification Notice Provisions
The Delaware Supreme Court's recent decision in Thompson Street Capital Partners v. Sonova U.S. Hearing Instruments serves as a reminder that noncompliance with contractual requirements for an indemnification claim notice may result in forfeiture of the indemnification right, depending on both the agreement language and the circumstances, say attorneys at Fried Frank.
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.
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FDA Commissioner Speech Suggests New Vision For Agency
In his first public remarks as U.S. Food and Drug Administration commissioner, Marty Makary outlined an ambitious framework for change centered around cultural restoration, scientific integrity, regulatory flexibility and selective modernization, and substantial enforcement shifts for the food and tobacco sectors, say attorneys at Arnall Golden.
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AG Watch: Texas Expands Use Of Consumer Protection Laws
In recent years under Attorney General Ken Paxton, Texas has demonstrated the breadth of its public interest authority by bringing actions in areas not traditionally associated with consumer protection law, including recent actions involving sports and public safety, say attorneys at Kelley Drye.
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Customs Fraud Enforcement In The Age Of Tariffs
In the wake of the Trump administration’s new approach toward tariffs, two recent Justice Department developments demonstrate aggressive customs fraud enforcement, with the DOJ emphasizing competitive harm to American businesses, and signaling that investigations will likely involve both civil and criminal enforcement tools, say attorneys at Bernstein Litowitz and London & Naor.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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A Path Forward For Colo. Pot Products After Failed Safety Test
As cannabis products in Colorado face increasingly rigorous contamination testing, decontamination and remediation can be an alternative to destruction after a failed safety check, in certain circumstances, so understanding the nuances of these procedures is vital, say attorneys at Troutman Pepper.
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International Ramifications Of Canada's Health AI Moves
Recent artificial intelligence developments in Canada's health industry are creating ripple effects for global investors, cross-border innovators and legal practitioners, and may create opportunities for U.S. companies rethinking their international strategies, says Atoussa Mahmoudpour at AMR Law.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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What EU 'Killer Acquisition' Study Means For Pharma Deals
The European Commission’s recent study of pharmaceutical companies' acquisitions of emerging competitive threats, the first of its kind globally, has important implications for the industry, and may lead to increased awareness of merger control risks in collaborative agreements, say lawyers at Paul Weiss.
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Legal Risks For Providers Discussing Psychedelic Therapies
The emergence of psychedelic therapies as potential treatments for mental health conditions and other ailments continues to garner significant attention, but the legal landscape surrounding discussions and referrals remains fraught with complexity, creating potential risks for healthcare providers and institutions, says Kimberly Chew at Husch Blackwell.
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Why Texas Should Slow Down On Healthcare Merger Bills
More time is needed to study three Texas bills aimed at considering the effects of healthcare consolidation to increase affordability and access to healthcare, which could have the opposite effect, say John Saran and Harshita Rathore at Holland & Knight and Robbie Allen at U.S. Heart and Vascular.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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How NY's FAIR Act Mirrors CFPB State Recommendations
New York's proposed FAIR Business Practices Act, which targets predatory lending and junk fees, reflects the Rohit Chopra-era Consumer Financial Protection Bureau's recommendations to states in a number of ways, including by defining "abusive" conduct and adding a new right to file class actions, says Christian Hancock at Bradley Arant.
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A Breakdown Of Trump's Order On Drug Pricing
The Trump administration may attempt to effectuate through rulemaking a recently issued executive order on lowering drug prices, which would likely have an adverse effect on stakeholders and trigger litigation, say attorneys at Debevoise.