Health

  • October 29, 2026

    Pot Use Firing Suit Can Be Arbitrated Despite Flawed Clause

    A California state judge has granted Aarris Healthcare Staffing LLC's bid to compel arbitration against a former employee alleging she was wrongly fired for off-duty cannabis use, despite finding portions of the agreement unenforceable.

  • October 29, 2026

    Pa. Court OKs Unemployment Comp Despite Off-Duty Lie

    A Pennsylvania nurse didn't commit "willful misconduct" by refusing to answer questions about a coworker visiting her while he was on duty and she was off duty, so the nurse remained eligible to collect unemployment benefits after she was fired, a state appellate court ruled Wednesday.

  • October 29, 2026

    DOL Finalizes Pharmacy Benefit Manager Fee Disclosure Rule

    The U.S. Department of Labor's employee benefits arm unveiled a final rule Thursday that requires pharmacy benefit managers — which act as intermediaries between drugmakers, pharmacies and insurers — to make new disclosures on their fees and compensation to employer-sponsored group health plans.

  • October 28, 2026

    Product Liability's Regulatory & Legislative Recap So Far

    Over the summer and early fall, lawmakers proposed measures aimed at putting safeguards around the rapidly growing industry of artificial intelligence, as public concerns over its safety climb in tandem. The new nominee to head the U.S. Food and Drug Administration also faced sharp queries over her views on vaccines and birth control.

  • October 28, 2026

    TB Outbreak In Wash. Prisons Yields $52M Damages Verdict

    Washington jurors returned a $52 million verdict in favor of 23 plaintiffs who accused the state's Department of Corrections of allowing an active tuberculosis outbreak to fester and spread to hundreds of people at its prison facilities over nearly two years.

  • October 28, 2026

    Patients Seek OK Of Connecticut Rehab Data Breach Deal

    Patients accusing a Connecticut medical rehab network of waiting almost a year to disclose a cyberattack have asked a state court judge to preliminarily bless a deal that would provide about 61,000 people up to $2,500 in cash, plus $1 million in identity theft insurance.

  • October 28, 2026

    Ga. University System On Hook For $3M In Child Death Suit

    The Georgia Court of Appeals on Wednesday ruled that the parents of a child who allegedly died due to negligent cancer treatment at a state-owned hospital are owed $3 million rather than $2 million under a Georgia law that caps damages for public entities.

  • October 28, 2026

    Patients Tell Colo. Justices Hospital Defied Gender Care Order

    Transgender youth patients of Children's Hospital Colorado are challenging a judge's discharge of their contempt citation against the hospital for not resuming the provision of medical gender-affirming care to them, urging Colorado's justices to decide whether the hospital complied with an injunction prohibiting it from refusing to provide the care.

  • October 28, 2026

    Cannabis Event Founders Accused Of $750K Fraud

    A Los Angeles attorney and his business partner are accused in a California state lawsuit of diverting investor money to pay for private jet flights, bar dues and other personal expenses instead of funding business-to-consumer cannabis trade shows, including the failed 2022 Green Street Festival.

  • October 28, 2026

    Cruise Co. Settles Fla. Doc's Whistleblower Suit Over Billing

    A Florida doctor said he reached a quick settlement with Norwegian Cruise Lines Holdings Ltd. one month after filing his lawsuit alleging he was fired for opposing the company's practice of overbilling passengers, the state's federal court records show.

  • October 28, 2026

    Pharma Co. Settles Workers' 401(k) Forfeiture Suit

    Boehringer Ingelheim USA Corp. and workers who accused the pharmaceutical company of misusing forfeitures from an employee 401(k) plan have settled their federal benefits dispute, parties told a Connecticut federal court Wednesday.

  • October 28, 2026

    NJ Health System Hit With Class Action Over Retirement Plan

    Retirement plan participants and beneficiaries told a New Jersey federal court in a proposed Employee Retirement Income Security Act class action that a hospital network mismanaged their "jumbo-sized" plan.

  • October 28, 2026

    BakerHostetler Malpractice Case To Expand With RICO Claim

    A Georgia federal judge has allowed a trustee who has accused BakerHostetler and an Atlanta-based attorney of legal malpractice to file an amended complaint after the trustee asked to add claims of Georgia RICO Act violations.

  • October 28, 2026

    Sanofi Settles Insulin Pen Antitrust Suit, Avoiding Trial

    Sanofi-Aventis US and a group of drug wholesalers have told a Massachusetts federal judge they have reached a settlement to resolve long-running antitrust litigation alleging that the drugmaker improperly sought to thwart competition for its single-use insulin injector pen.

  • October 28, 2026

    Celgene Defends Dismissal Of Cancer Drug Antitrust Suit

    Bristol-Myers Squibb Co. and its subsidiary Celgene Corp. urged the Second Circuit to uphold the dismissal of health plans' proposed antitrust class action alleging that the drugmaker fraudulently obtained patents for the cancer drug Pomalyst, saying it properly disclosed materials to the patent office and filed valid patent infringement lawsuits against generic-drug makers. 

  • October 28, 2026

    4th Circ. Judge Wary Of NC Abortion Drug Law Challenge

    A Fourth Circuit judge on Wednesday sharply questioned the attorney for a physician challenging North Carolina restrictions on the abortion medication mifepristone, citing case law he said treats federal rules as a "floor and not a ceiling" on what states can require.

  • October 27, 2026

    Mass. Hospitals Sue Lilly Over 340B Discount Data 'Extortion'

    A group of Massachusetts hospitals claim drugmaker Eli Lilly & Co. unlawfully holds hostage medication discounts meant to benefit low-income patients by demanding that hospitals hand over sensitive patient claims data or pay "exorbitant" inflated prices, according to a lawsuit filed Tuesday in Boston federal court.

  • October 27, 2026

    3 Federal Circuit Clashes To Watch In November

    A high-stakes case that will determine whether the U.S. government should face patent infringement claims over Moderna's COVID-19 vaccines and Labcorp's appeal of a nine-figure patent verdict against it are among the arguments the Federal Circuit will hear in November.

  • October 27, 2026

    Milliman Reaches $15.5M Deal In Life Insurance FCRA Suit

    Risk management firm Milliman Inc. is set to pay $15.5 million to resolve a consumer class action accusing the company of peddling flawed information to life insurance companies, according to a proposed settlement that the plaintiffs filed for preliminary court approval in Washington federal court on Monday.

  • October 27, 2026

    OpenAI Sued Over Epilepsy Death Allegedly Tied To ChatGPT

    ​The parents of a Chinese national with epilepsy who died earlier this year sued OpenAI on Tuesday in California state court, alleging ChatGPT was effectively practicing medicine without a license when it designed a tapering schedule for the anti-seizure medication that was keeping their daughter alive.

  • October 27, 2026

    CVS Says Faulty Medicare Advantage Ratings Will Cost It $2B

    Insurance giant CVS Health sued the Trump administration in Georgia federal court Monday, alleging that federal quality ratings for its Medicare Advantage contracts were calculated using methods a judge rejected last year and will cost the company more than $2 billion in bonus payments and rebates in 2028.

  • October 27, 2026

    Courts Take On Lilly GLP-1 Ads, J&J Mesothelioma Trial, More

    Law360 Healthcare Authority looks at a Novo Nordisk loss in its challenge to Eli Lilly's GLP-1 advertising, an Ohio verdict in wrongful death litigation over Johnson & Johnson's talc baby powder and other legal news from the past week.

  • October 27, 2026

    Feds Settle Suit Over Botched Atlanta VA Hysterectomy

    The federal government reached a deal to end a suit from a patient who claimed a doctor botched her hysterectomy at a Department of Veterans Affairs medical facility in metro Atlanta, according to a Tuesday filing in Georgia federal court.

  • October 27, 2026

    Deal In NFL 'Race-Norming' Benefits Suit Gets Final OK

    A Maryland federal judge gave the final green light Tuesday on a settlement that says an NFL disability benefits plan will reassess former players' cognitive health to resolve claims that it discriminated against nonwhite players by adjusting them to a lower cognitive baseline.

  • October 27, 2026

    Judge OKs Omnicare Asset Sale, Ch. 11 Loan Changes

    A Texas bankruptcy judge Tuesday authorized pharmacy services provider Omnicare LLC to tweak its asset purchase agreement and transition services agreement and approved a third amendment to its $110 million debtor-in-possession financing agreement, finding the changes would not materially harm any party.

Expert Analysis

  • Texas Medicaid Fraud Decision Leaves 2 Open Questions

    Author Photo

    The Texas Supreme Court's decision in Laboratory Corp. of America Holdings v. Texas and NPT Associates, holding that the Texas Medicaid Fraud Prevention Act's omissions provision requires proof of materiality, creates ambiguity about the materiality requirement and about how Texas courts will treat federal precedent going forward, say attorneys at Sidley.

  • Testing AI's Promise For Large-Scale Document Review

    Author Photo

    Our document-review comparison of attorneys' responsiveness and issue coding decisions versus predictions generated by artificial intelligence across 1,600 documents suggests that these tools can offer a reasonable and reliable basis for improved discovery workflows, provided lawyers understand where guardrails are needed, say attorneys at Redgrave.

  • 3rd Circ. Ruling Shows ADA Limits Amid Worker Misconduct

    Author Photo

    In Hileman v. West Penn Allegheny Health System, the Third Circuit recently rejected a wrongful termination claim under the Americans with Disabilities Act, illustrating that disability and leave laws don't automatically insulate employees from the consequences of prior workplace misconduct, say attorneys at Bond Schoeneck.

  • Navigating A Key Inflection Point In Biosimilar Sector M&A

    Author Photo

    As biosimilar mergers and acquisitions gain notice amid U.S. Food and Drug Administration reforms, a maturing patent framework and a looming patent cliff, companies diversifying into the higher-growth biologics space should align their regulatory, intellectual property and transactional strategies, say attorneys at Skadden.

  • AI Meeting Recaps Pose New Discovery And Privilege Risks

    Author Photo

    The New York City Bar Association’s recent ethics opinion, cautioning attorneys not to record nonclient conversations with artificial intelligence tools, reflects an emerging view that AI meeting recaps are now a distinct business record category, meaning counsel should set meeting-level controls and apply framework-level updates, says William Wright at Faegre Drinker.

  • Preparing For Broader Calif. Rules On PE Healthcare Deals

    Author Photo

    California's recent emergency regulations implementing expanded healthcare transaction review requirements, such as for private equity and hedge funds, represent a notable expansion of state oversight, including enhanced disclosures, wider definitions and new advance notice requirements, say attorneys at Simpson Thacher.

  • DOJ Policy Creates New Defense For Physicians, Health Cos.

    Author Photo

    The U.S. Department of Justice's recently revised enforcement policy governing agency guidance makes clear that Medicare guidance is not the law, potentially giving healthcare organizations a stronger basis to challenge certain enforcement theories, says Jose Vela at Clark Hill.

  • $95M Nev. Case Provides Clues On Wound Care Enforcement

    Author Photo

    Federal prosecutors’ recent U.S. v. Dubin indictment, charging a Nevada physician with healthcare fraud over an alleged $95 million Medicare billing scheme involving amniotic wound allografts, provides a clearer picture of an increasingly data-driven enforcement strategy that follows the entire wound care transaction, say attorneys at Bass Berry.

  • 8th Circ. Ruling Raises Bar For Seeking Disability Benefits

    Author Photo

    The Eighth Circuit's recent ruling in Post v. Bisignano signals that claimants seeking Social Security disability benefits may need to offer convincing proof of functional restrictions beyond their treating doctors' opinions and illustrates that the court's proclaimant jurisprudence no longer prevails, says Mark DeBofsky at DeBofsky Law.

  • FCA Ruling May Open Door To Redacting Defendants' Names

    Author Photo

    A recent Florida federal court decision may signal a shift from the long-prevailing view that False Claims Act defendants' identities must always be revealed when qui tam actions are unsealed, potentially providing important protection for healthcare fraud defendants who may face career consequences from unproven allegations, say attorneys at Holland & Knight.

  • 4 Tips On Expert Gatekeeping From J&J Talc Deal

    Author Photo

    Johnson & Johnson's successful campaign to exclude plaintiff-side oncologist testimony about whether its talcum powder caused ovarian cancer, which prompted the recent resolution of 70,000 claims, offers lessons on how product liability defendants can reshape risk calculation by rigorously applying expert admissibility rules, say attorneys at Hollingsworth.

  • Series

    Playing Bid Whist Makes Me A Better Lawyer

    Author Photo

    As a child, I viewed bid whist as a family tradition and a source of friendly card game competition, but as a lawyer, I see it as a tool that has helped me cultivate skills like communication, teamwork, risk assessment and composure, says Keyonn Pope at Riley Safer.

  • Teva, Wyeth Show How Claimed Advances Shape Enablement

    Author Photo

    Two recent Federal Circuit decisions involving method-of-treatment claims — Teva v. Eli Lilly and Wyeth v. AstraZeneca — reached opposite enablement outcomes from strikingly similar procedural postures, but a closer comparison of the cases reveals a three-step framework for understanding the court's reasoning, says Kendall Gurule at Polsinelli.

  • Tracking Trends In State-Level Regulatory Enforcement

    Author Photo

    State-level enforcement now increasingly involves antitrust, artificial intelligence and data privacy issues, and the key for organizations to reducing risk is having the ability to respond across governance, public affairs, discovery and remediation in multiple states simultaneously, say consultants at FTI Consulting.

  • Opinion

    Calif. Bill Goes Too Far In Trying To Regulate Attorney AI Use

    Author Photo

    California’s first-in-the-nation act regulating how attorneys and arbitrators use generative artificial intelligence will likely soon become law, but read broadly, the provisions may dissuade lawyers from employing AI at all, thereby depriving them of key work tools, says Joshua Wurtzel at Schlam Stone.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Health archive.