Health

  • May 05, 2026

    ERISA Recap: 5 Litigation Developments From April

    The U.S. Supreme Court turned down a bakery company's bid for review of a union multiemployer pension withdrawal bill, the Fourth Circuit held a bonus plan was exempt from federal benefits law, and the Sixth Circuit ruled federal law preempted Arkansas pharmacy benefit manager laws and regulations. Here's more on those and two other major decisions from April that benefits attorneys may want to know.

  • May 05, 2026

    Apple Urges Full Fed. Circ. To Undo Original Watch Import Ban

    A Federal Circuit panel erred when finding the U.S. International Trade Commission properly banned imports of Apple Watches with blood oxygen-monitoring features, the tech giant behind the devices said in a plea for rehearing by the full court.

  • May 05, 2026

    Wash. Panel Revives GLP-1 Health Plan Coverage Fight

    A Washington state appeals court revived a proposed class action by state employees alleging their benefit plan discriminatorily barred health coverage for GLP-1 medications treating obesity, finding a lower court should have allowed the case to proceed to discovery.

  • May 05, 2026

    $100M AI Investment Suit Must Be Arbitrated, Financier Says

    A California financier Tuesday denied allegations in a $100 million fraud lawsuit over a "sham" loan transaction aimed at funding an investment into an artificial intelligence company, adding that the dispute belongs in arbitration in the Bahamas.

  • May 05, 2026

    Pa. Sues Character.ai For Bot Acting Like A Doctor

    The state of Pennsylvania and its medical licensing board have sued Character Technologies Inc. for allegedly allowing an AI chatbot generated on its platform to engage in the unlicensed practice of medicine with members of the public.

  • May 05, 2026

    Mylan Strikes $4.5M Deal With Maryland Over EpiPen Pricing

    Mylan Pharmaceuticals will pay $4.5 million to resolve allegations by the state of Maryland that Mylan acted anticompetitively when it ratcheted up costs of its portable auto-injectable EpiPen device that's used during life-threatening allergic reaction episodes, according to a recent announcement.

  • May 05, 2026

    11th Circ. Upholds Sentences In Medical Device Fraud Case

    The Eleventh Circuit on Tuesday refused to reduce the sentences of two men who lied to manufacturers about selling medical equipment to American troops in Afghanistan to obtain the goods at discounted prices and resell them within the United States.

  • May 05, 2026

    Texas Appeals Court Wary Of Reviving Trustee's $100M Claim

    A Texas appeals panel seemed skeptical of a bankruptcy trustee's attempt to revive an action seeking to claw back money distributed by True Health Group to its shareholders before the company declared bankruptcy, asking Tuesday if the trustee brought its claims under the correct portion of the law.

  • May 05, 2026

    CooperSurgical Strikes Deal To End Embryo Loss Class Suit

    Connecticut-based fertility products manufacturer CooperSurgical Inc. has reached a settlement with a proposed class of in vitro fertilization patients and their partners, who claimed the company's defective product caused the loss of their embryos.

  • May 05, 2026

    Ga. Panel Weighs Evidence Rules In Parents' Bid For New Trial

    The Georgia Court of Appeals considered whether a new trial is warranted in a couple's case alleging that a doctor's negligence led to the death of their infant son nine days after birth, questioning attorneys Tuesday on the appropriate standard for what is known as "habit" testimony.

  • May 05, 2026

    Sandoz, Novartis Must Face Generics Claims From GM, Others

    A Pennsylvania federal judge largely refused to let dozens of generic-drug makers duck stand-alone price-fixing and market allocation antitrust claims from major employers like General Motors, American Airlines and Lowe's, nixing allegations against a small handful while importantly preserving them against Novartis and its former Sandoz subsidiary.

  • May 05, 2026

    Sponsor Suit Moot After Immigrant Kids Released, Feds Say

    The Trump administration asked a D.C. federal judge to dismiss a suit challenging requirements for previously approved sponsors to reapply for custody of unaccompanied immigrant children, arguing the suit's claims are either moot or unfounded.

  • May 05, 2026

    High Court Clarity On Subpoenas Creates Murky Path For AGs

    The U.S. Supreme Court's unanimous decision that the New Jersey Attorney General's Office infringed free speech by asking an anti-abortion nonprofit to release donor names gives nonprofits and companies more leverage for challenging subpoenas at the outset, although the question remains if and how attorneys general and other enforcers can ultimately obtain sought-after information following a constitutional affront.

  • May 05, 2026

    Idaho Farmers Group Gets DOL Approval For Health Plan

    The U.S. Department of Labor's employee benefits arm cleared the way for the Idaho Farm Bureau Federation to establish a group health plan for its members' employees, determining the proposed plan would be covered by federal benefits law.

  • May 04, 2026

    AI Hallucinations Kill Montreal Arbitrator's Decision

    A Canadian court annulled a Montreal arbitrator's award in a healthcare dispute, saying that in writing his decision, he wrongly relied on numerous "hallucinated" legal authorities provided to him by a generative artificial intelligence tool.

  • May 04, 2026

    FTC Deal Bars Kochava From Selling Sensitive Location Data

    Mobile app analytics provider Kochava Inc. has agreed to halt the disclosure of sensitive location data without consumers' affirmative express consent to resolve the Federal Trade Commission's longstanding claims that the data broker sold geolocation data from mobile devices that could be used to track people to reproductive health clinics, places of worship and other sensitive places.

  • May 04, 2026

    Hedge Fund Says Expert Loss Isn't Fatal To Spoofing Case

    A hedge fund that is suing units of Bank of America and Canadian Imperial Bank of Commerce for alleged spoofing by their clients has told a New York federal court that a recent decision to exclude the hedge fund's damages expert doesn't doom its case, pushing back on a bid from the banks for an end to the litigation.

  • May 04, 2026

    6th Circ. Sets Standard For NLRB Injunctions In Hospital Case

    Federal judges shouldn't issue injunctions in failure-to-bargain cases unless concrete evidence shows that the employer's snub of the union will cause harm, a split Sixth Circuit panel has decided, dissolving an injunction against a Michigan hospital and creating a circuit split on the question of when such injunctions are appropriate.

  • May 04, 2026

    Md. Hospital Had Duty To Warn Of Patient's Violent Statements

    A Maryland appellate panel has said the family of a woman killed by her husband days after he was sent home from psychiatric care can move forward with their wrongful death lawsuit, finding the hospital had a duty to warn those living with the man of homicidal statements he made during his inpatient treatment.

  • May 04, 2026

    Orrick Partner Jumps To Pillsbury IP Team In LA

    A longtime Orrick Herrington & Sutcliffe LLP partner has joined the Los Angeles office of Pillsbury Winthrop Shaw Pittman LLP, bringing years of experience in intellectual property litigation and expertise in the Copyright Act and Digital Millennium Copyright Act.

  • May 04, 2026

    Hospital Group Calls Anthem's Out-Of-Network Plan Unlawful

    The California Hospital Association urged a state court to block Anthem Blue Cross' implementation of a new policy that penalizes participating facilities for using nonparticipating providers, saying the plan is illegal, fraudulent and an unfair business practice.

  • May 04, 2026

    NC Dems Propose Ballot Measure To Decriminalize Marijuana

    Three Democrats in the North Carolina Senate introduced legislation Monday that proposes putting the decriminalization of both recreational and medical marijuana on the ballot come the November elections.

  • May 04, 2026

    Judge Shuts Down Invalidity Theory In Abiomed IP Case

    A Massachusetts federal judge has foreclosed one of Abiomed's invalidity defenses in a case brought by rival medical technology firm Maquet over alleged infringement of a patent covering blood pump technology.

  • May 04, 2026

    4th Circ. Says Abortion Protester Doesn't Deserve Jury Trial

    An abortion protester who blocked the doors to a Columbia, South Carolina, clinic did not have the right to a jury trial because the crime, for which he was sentenced to six months in jail and fined $1,000, was not serious enough to warrant it, a Fourth Circuit panel said.

  • May 04, 2026

    Supplement Co. Says False Labeling Plaintiff Never Saw Ads

    The maker of Thesis Nootropics supplements is asking a New York federal court to throw out claims that it falsely advertises its products as ADHD medications, saying the plaintiff hasn't sufficiently alleged she ever saw the advertisements or even used the products.

Expert Analysis

  • Series

    Coaching Soccer Makes Me A Better Lawyer

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    Coaching youth soccer for my 7-year-old son's team has sharpened how I communicate with clients, prepare witnesses, work within teams and think about leadership, making me a more thoughtful and effective lawyer in many ways, says Joshua Holt at Smith Currie.

  • Series

    Law School's Missed Lessons: The Human Element

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    Law school teaches you to quickly apply intellect and logic when handling a legal issue, but every fact pattern also involves a person, making the ability to balance expertise with empathy critical to the growth of relationships with clients, colleagues and adversaries, says Rachel Adcox at Adcox Strategies.

  • CMS Healthcare Enforcement Initiatives May Cause Disruption

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    The Centers for Medicare & Medicaid Services' recently announced enforcement actions against healthcare fraud mark a significant escalation, and CMS' prior approach in the hospice sector suggests that even compliant providers and suppliers should brace for impact, say attorneys at Morgan Lewis.

  • How Cos. Should Prepare For NY RAISE Act Compliance

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    With the New York Responsible AI Safety and Education Act taking effect March 19, state regulators will expect subject artificial intelligence governance policies to understand whether appropriate safeguards and protocols are in place to prevent or mitigate discriminatory or adverse outcomes by frontier models, says Michael Paulino at Gordon Rees.

  • What We Know About DOJ's New FCA Enforcement Priorities

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    Recent remarks from the leader of the Justice Department’s commercial litigation branch provide key insights on how False Claims Act cases — especially healthcare fraud, trade fraud, antidiscrimination and cybersecurity claims — will be evaluated, prioritized and pursued as heightened enforcement becomes the new normal, say attorneys at Latham.

  • The Benefits Of Choosing A Niche Practice In The AI Age

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    As artificial intelligence becomes increasingly accessible, lawyers with a niche practice may stand out as clients seek specialized judgment that automation cannot replicate, but it is important to choose a niche that is durable, engaging and a good personal fit, says Daniel Borneman at Lowenstein Sandler.

  • How PBMs Can Adapt To Plan Sponsors' Disclosure Demands

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    As federal reforms, growing state regulation and litigation threats push plan sponsors to expect visibility into revenue streams, pharmacy benefit managers should leverage transparency strategically, including by simplifying how they get paid, offering clients audit-ready data and co-designing contracts that are easy for fiduciaries to explain and defend, says Kristie Blase at Frazer + Blase.

  • How To Engage With Gov't's Direct-To-Consumer Drug Policy

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    The U.S. Department of Health and Human Services' recent request for industry input on manufacturers' direct-to-consumer drug sales reflects the government's caution in this arena, and allows stakeholders a rare opportunity to help shape policy, says Mary Kohler at Kohler Health Law.

  • Opinion

    It's Time To Clarify California's Elder Abuse Act

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    As California's elderly population soars, the Golden State's high court and Legislature must provide needed clarification about the scope of the Elder Abuse Act, to resolve the inconsistencies and ambiguities that have impeded the law's ability to remedy elder abuse, neglect and abandonment, say attorneys at Horvitz & Levy.

  • Series

    Podcasting Makes Me A Better Lawyer

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    Podcasting has changed how I ask questions and connect with people, sharpening my ability to listen without interrupting or prejudging, and bringing me closer to what law is meant to be: a human profession grounded in understanding, judgment and trust, says Donna DiMaggio Berger at Becker.

  • When Fraud Involvement Disqualifies FCA Whistleblowers

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    A Massachusetts federal court's recent dismissal of a False Claims Act relator in U.S. ex rel. Perry v. First Psychiatric Planners provides instructive insight into when whistleblowers may be denied their share of settlement proceeds, even if their involvement in the underlying fraud is a step removed, say attorneys at Holland & Knight.

  • Job Shift Accommodation Ruling Clarifies 'Essential Function'

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    In Siebrecht v. Mercy Health-Iowa, the Eighth Circuit's recent denial of a disabled worker's shift exemption request shows that the essential function of a job can encompass more than core job requirements and include things like scheduling flexibility, says Kim Kirn at Miles Mediation & Arbitration.

  • Opinion

    Fed. Circ. Must Bury Design Patent Doctrinal Zombies

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    After recently finding noninfringement in Range of Motion Products v. Armaid, the Federal Circuit must rehear the case to confront two troublesome doctrines of design patent law claim construction — feature filtration and claim verbalization — that have lingered for decades and intensified in recent years, say attorneys at McAndrews Held.

  • H-1B Registration Tips For New Wage-Weighted Selection

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    Practitioners participating in this year’s H-1B visa registration, currently underway, must understand that under the new wage-weighted selection process that replaced the random lottery, the crucial first step is choosing the correct standard occupational classification, says Jimmy Lai at Lai & Turner.

  • Lessons From Justices' Split On Major Questions Doctrine

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    The justices' varied opinions in Learning Resources v. Trump, which held the International Emergency Economy Powers Act did not confer the power to impose tariffs, offer a meaningful window into the U.S. Supreme Court's perspective on the major questions doctrine that will likely shape lower courts' approach to executive action challenges, say attorneys at Venable.

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