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Health
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July 22, 2025
FCA Draws Heavy Constitutional Fire After $1.6B J&J Verdict
Reeling from a record fraud verdict tied to drug promotion practices, Johnson & Johnson is pursuing a sweeping constitutional challenge to the False Claims Act, and in filings this week at the Third Circuit, major industry allies rallied behind its views of whistleblower litigants usurping executive branch power.
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July 22, 2025
Google, Meta Can't Escape GoodRx Health Data Sharing Suit
Google, Meta Platforms and Criteo largely cannot escape litigation alleging GoodRx improperly shared patients' protected health information with the tech companies, a California federal judge ruled Tuesday.
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July 22, 2025
Sandoz Loses 'Nonsense' Bid To Avoid DOJ Deal In AGs' Case
A Connecticut federal judge has given dozens of state attorneys general a small but important win in a sprawling price-fixing litigation against generic-drug makers, applying previous admissions of criminal wrongdoing and flatly rejecting "ridiculous" efforts by Sandoz, Taro Pharmaceuticals and a former Sandoz official to avoid that application.
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July 22, 2025
US Olympic Officials Ban Trans Women, Comply With Trump
The U.S. Olympic & Paralympic Committee has banned transgender women from competition in Olympic women's sports, adding a clause to its policy that otherwise protects athletes from abuse but now also complies with President Donald Trump's executive order.
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July 22, 2025
Fair Use Carveout Applies To Med Device Repairs, Judge Says
A D.C. federal judge has shot down two industry groups' challenge to a rule that placed medical device diagnostic procedures and repairs under fair use copyright exceptions, saying all of their challenges under the Administrative Procedure Act were unpersuasive.
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July 22, 2025
Humana Asks Texas Court To Void 2025 Medicare Ratings
Humana Inc. has asked a Texas court to vacate the Centers for Medicare & Medicaid Services' 2025 star ratings for certain Medicare plans, writing that the evaluation rules "are dizzyingly complex" and unfairly resulted in a lower rating for its plan.
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July 22, 2025
Ohio Justices Accept AG's Bid To Limit Care For Trans Youths
The Ohio Supreme Court on Tuesday agreed to review an appeals court's finding that portions of a state law restricting gender-affirming care for transgender youths are unconstitutional.
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July 22, 2025
Employers, Plans Force Freeze Of Iowa's PBM Law
A federal judge slapped a temporary hold on parts of an Iowa law that aims to limit pharmacy benefit managers' power to set drug prices, ruling that provisions barring discrimination against certain pharmacies and pushing cost-saving strategies are preempted by federal benefits law.
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July 22, 2025
4th Circ. Backs Medicaid Fraud Conviction, 17-Year Sentence
A North Carolina lab owner lost his bid Tuesday to overturn his healthcare fraud conviction after the Fourth Circuit found evidence against him to be sufficient and the terms of his sentence reasonable.
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July 22, 2025
NC Hospital Says Dropped Malpractice Claim Dooms 2004 Suit
A North Carolina hospital is asking state appellate judges to determine whether a hospital can face claims of negligently credentialing a doctor if the plaintiffs have dropped the underlying medical malpractice allegation against the physician.
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July 22, 2025
Lawmakers Consider Case Of Would-Be Donor's 'Signs Of Life'
The nation's organ transplant system is again under the microscope of federal lawmakers after a federal investigation found that a Kentucky organ procurement organization moved forward with the transplant process despite the patient showing "signs of life."
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July 22, 2025
Rising Star: King & Spalding's Ariana Fuller
Ariana Fuller of King & Spalding LLP helped a California hospital win a $105 million jury verdict against Kaiser Foundation Health Plan over its reimbursement for out-of-network emergency care, earning her a spot among healthcare attorneys under age 40 honored by Law360 as Rising Stars.
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July 22, 2025
Judge Blocks Some Planned Parenthood Cuts In Partial Ruling
A Massachusetts federal judge partially blocked a measure passed by Congress this month stripping Medicaid funding from Planned Parenthood-affiliated facilities, but only as it applies to those that do not provide abortions or that receive minimal federal support.
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July 22, 2025
Ala. Pot Regulators Seek Dismissal Of Retaliation Suit
Alabama medical cannabis regulators have urged a federal judge to dismiss a lawsuit from a prospective medical marijuana business that was denied a license, or abstain from the matter entirely, because similar cases are pending in state court.
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July 21, 2025
Meta Took Data Of 30M Women From Menstrual App, Jury Told
Meta illegally took private health information from over 30 million women who used Flo Health's menstrual cycle app, a lawyer for the plaintiffs told a California jury Monday during opening statements in their privacy class action against the social media giant and the app-maker.
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July 21, 2025
J&J Unit's Catheter Rival Nears Injunction After $442M Win
A California federal judge indicated Monday he will issue a permanent injunction banning Johnson & Johnson's Biosense Webster from conditioning the provision of cardiac mapping services on purchases of cardiac catheters following Innovative Health's $442 million win on its antitrust claims, although he expressed doubt about some aspects of Innovative's request.
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July 21, 2025
Nonprofits Take Aim At New HUD Grant Rules
A coalition of nonprofit groups filed suit Monday in Rhode Island federal court, challenging new conditions for U.S. Department of Housing and Urban Development grants that target diversity, equity and inclusion programs; abortion access; and transgender individuals.
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July 21, 2025
Cigna Beats Most Of Conn. Doc's COVID Test Payment Suit
Cigna Health and Life Insurance Co. has beaten a Connecticut medical practice chain's unfair trade practices claims, but it must still face allegations — at least for now — that it didn't reimburse for millions of dollars' worth of COVID-19 tests and other pandemic-related services.
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July 21, 2025
Wash. Plastic Surgeon Can't Get $13M Jury Verdict Overturned
A Washington appeals court panel refused on Monday to undo a $13 million jury verdict against a plastic surgeon in a medical malpractice case, rejecting the doctor's argument that the lower court wrongly allowed evidence of state regulators' unrelated disciplinary proceedings against her.
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July 21, 2025
Walgreens Accused Of Failing To Provide Meal, Rest Breaks
Walgreens flouted Washington state law and Seattle's wage theft ordinance by failing to provide employees with meal and rest breaks and then automatically deducting time for breaks that workers never took, a former pharmacy employee said in a proposed class action in federal court.
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July 21, 2025
How GOP Judges Teed Up 4th Circ.'s Supreme Court Shutout
No appeals court found the U.S. Supreme Court's latest term less endearing than the Fourth Circuit, where a supersize shutout accentuated a multiyear slump for the once-favored circuit and repeatedly vindicated conservative dissenters on the left-leaning bench.
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July 21, 2025
Son Of Convicted Mich. Doc Ditches Fraudulent Transfer Case
The son of a Michigan doctor accused of fraudulently selling property and sending money to his family to avoid paying a $35 million forfeiture and $5.2 million restitution related to his healthcare fraud conviction was dismissed from the government's fraudulent transfer lawsuit against his father on Monday.
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July 21, 2025
Pa. Hospital Can Shield Some Docs In Birth Injury Suit
A Pennsylvania state appeals panel won't force a hospital to turn over all of its internal reports in a suit by parents alleging that the hospital's negligence led to their son's injuries at birth, finding that the hospital sufficiently showed that two of the three contested files are privileged.
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July 21, 2025
States Say Noncitizen Benefit Restrictions Are Creating Chaos
A coalition of 20 Democratic-led states and the District of Columbia sued the Trump administration on Monday for "upending" noncitizens' access to publicly funded programs like Head Start and food banks.
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July 21, 2025
HealthOne Faces Class Action From Nurses Over Missed Breaks
A group of nurses filed a proposed class action in Colorado state court Friday claiming that HealthOne violated state employment laws by failing to ensure employees took 30-minute meal breaks during their shifts.
Expert Analysis
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How Plan Sponsors Can Mitigate Risk In PBM Contracts
A recent lawsuit in New York federal court alleges that JPMorgan caused exorbitant prescription costs by mishandling the pharmacy benefit manager arrangement, adding to a growing body of Employee Retirement Income Security Act fiduciary breach litigation and affirming that fiduciaries must proactively manage their healthcare plan vendors, say attorneys at Hall Benefits Law.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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6 Ways The Dole Act Alters USERRA Employment Protections
The recently passed Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act continues a long-standing trend of periodically increasing the scope of the Uniformed Services Employment and Reemployment Rights Act, expanding civilian employment rights for service members and veterans with some of the most significant changes yet, say attorneys at Littler.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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4th Circ. Health Data Ruling Opens Door To State Law Claims
In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Key Takeaways From The 2025 Spring Antitrust Meeting
Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.