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April 29, 2025
Omnicare Hit With $136M Jury Verdict For Bilking Feds
A New York federal jury on Tuesday returned a verdict finding that CVS Health Corp. subsidiary Omnicare illegally billed the federal government to the tune of $135.6 million, one of the largest jury verdicts in a False Claims Act case, according to a statement from the U.S. Department of Justice.
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April 29, 2025
Acadia Investors Seek Partial Win, Sanction In Healthcare Suit
Investors suing behavioral health care provider Acadia Healthcare Co. have asked a federal judge to find that they relied on certain alleged misrepresentations before investing in the company after previously moving for sanctions over allegations that the company systematically destroyed pertinent records to stymie their understaffing claims.
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April 29, 2025
Ohio Justices Reinstate Trans Care Limits During AG's Appeal
The Ohio Supreme Court on Tuesday reinstated state law limits on gender-affirming care for transgender youths pending Ohio Attorney General Dave Yost's appeal of what he called "radical constitutional views" of an Ohio state appeals court that last month blocked the restrictions.
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April 29, 2025
DC Judge Worries About 340B Rebate Program Without 'Teeth'
The D.C. federal judge tasked with deciding dueling summary judgments in litigation accusing the government of blocking drugmakers' efforts to reshape the way they do rebates seemed skeptical of endorsing a vision of the program that could have "potentially devastating consequences."
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April 29, 2025
North Georgia Healthcare Provider Sued Over Data Breach
A regional healthcare provider and a collections agency have been hit with a proposed class action in Georgia federal court over allegations that their lax cybersecurity practices allowed hackers to steal the protected health information of patients during a July 2024 data breach.
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April 29, 2025
23andMe Agrees To Privacy Ombudsman In Ch. 11
A Missouri bankruptcy judge on Tuesday signed off on a consumer privacy watchdog for 23andMe's Chapter 11 after the genetic testing group and 30 states agreed that a statutorily authorized ombudsman would be the best way to vet a Chapter 11 sale that includes 15 million users' DNA information.
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April 29, 2025
Fed. Circ. Backs TM Denial Of Dark Green Gloves As Generic
The Federal Circuit on Tuesday adopted a test for determining if trademarks are generic when considering claims on distinctive colors, affirming a trademark board precedent used to reject an Indonesian medical supply company's efforts to claim a trademark for dark green surgical gloves.
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April 29, 2025
GenBioPro Can Defend FDA Approval In Mifepristone Suit
A Texas federal judge has allowed drugmaker GenBioPro to join a legal fight over access to the abortion drug mifepristone, finding that the company has a distinct interest in defending federal approval of the generic version of the medication.
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April 29, 2025
Opioid MDL Judge Won't Recuse Over Ex Parte Allegations
An Ohio federal judge will not step aside from multidistrict opioid litigation after the plaintiffs' attorney, who had alleged the judge "regularly communicates" with other lawyers involved in the litigation, testified that there was no such communication after all, the judge ruled Tuesday.
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April 29, 2025
BCBS Wants Hospital Sanctioned For 'Cat-And-Mouse' Tactics
Blue Cross Blue Shield of North Carolina asked a federal judge to sanction a hospital company and its related entities for their purported "evasion, obfuscation, misdirection and outright misrepresentation" during discovery in a $32 million billing dispute that has gone on for seven years.
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April 29, 2025
Doctors Want Stay Of DQ Bid Amid Spine Center ERISA Deal
Doctors and other former employees of Atlanta-area Polaris Spine and Neurosurgery PC have agreed to settle their ERISA claims alleging the center botched the distribution of their retirement benefits, also seeking a stay of Polaris' bid to have their Holland & Knight counsel disqualified over an alleged conflict.
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April 29, 2025
High Court Backs HHS In Hospital Pay Formula Dispute
The U.S. Supreme Court on Tuesday sided with federal health officials in a challenge over a formula used to calculate billions of dollars in annual payments to hospitals treating indigent patients, saying that those entitled to Supplemental Security Income should be collecting cash payments before they're counted in the formula.
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April 28, 2025
Insurer Fights Arbitration Of Legionnaires' Claims Suit
A Michigan healthcare system's insurer is fighting efforts to send its coverage lawsuit over underlying Legionnaires' disease claims to arbitration in Bermuda, arguing that the dispute does not fall within an underlying arbitration clause.
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April 28, 2025
Fatal Crash At Hospital Is Workers' Comp Case, NJ Panel Says
A lower court ruled correctly that a fatal crash in the employee parking lot of a hospital is a matter for workers' compensation, not the courts, a New Jersey appellate panel said Monday.
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April 28, 2025
Gov't Reverses Position On Surgery For Trans Prisoners
The Trump administration is rejecting the federal government's previous stance that prison officials are constitutionally required to provide gender confirmation surgery to incarcerated people with gender dysphoria who request the treatment, noting the shift in recent statements to a Georgia federal court.
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April 28, 2025
NC Dentist Acquitted Of $3M Fraud, Tax Evasion Charges
A North Carolina dentist was acquitted of wire fraud and tax evasion charges on the fourth day of a federal jury trial in which prosecutors had alleged the dentist submitted false loan applications to the Small Business Administration and failed to pay income taxes.
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April 28, 2025
Baker Donelson Picks Up Longtime HHS OIG Atty In Maryland
Amanda Copsey, a longtime U.S. Department of Health and Human Services' Office of Inspector General attorney, has joined Baker Donelson Bearman Caldwell & Berkowitz PC as a shareholder in its Baltimore office, bringing nearly 20 years of experience in healthcare laws and regulations.
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April 28, 2025
Mich. Nurses Quit Claims Of Pay Withheld For Breaks Untaken
Two registered nurses agreed to drop their claims of unpaid wages against the two locations of a Michigan healthcare system they had accused in federal court of requiring them to work through meal breaks without pay, ending the case Monday in federal court.
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April 28, 2025
2nd Circ. Upholds Clinic Manager's Repeat Charges For Fraud
A decision that allowed the federal government to reindict a health clinic manager for a Medicare and tax fraud scheme can stand, a Second Circuit panel found Monday, agreeing with the lower court that his offenses were serious enough to permit it.
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April 28, 2025
BCBS Ends Bid To Scrap $13M Vaccine Bias Suit Verdict
Blue Cross Blue Shield of Michigan told a federal court Monday it agreed to end its fight to nix a jury's nearly $13 million award to a former employee who claimed she was fired for requesting a religious exemption from the company's COVID-19 vaccine policy.
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April 28, 2025
Boston Children's To Pay $3M In Retirement Plan Fee Suit
Boston Children's Hospital will pay $3 million to a class of participants in its retirement plan to settle claims that it saddled them with excessive fees.
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April 28, 2025
Sanofi Challenges Jurisdiction In Conn. Zantac Lawsuits
Sanofi-Aventis U.S. LLC on Monday sought to exit nine combined Connecticut lawsuits claiming the heartburn drug ranitidine degraded into a compound that causes cancer, saying it is beyond the state's long-arm statute and that due process guarantees prevent it from being sued in Connecticut.
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April 28, 2025
Ala. Medical Pot Commission Sued Over Patient Registry
A group of Alabama medical cannabis patients sued the state's Medical Cannabis Commission over the lack of a patient registry despite what they said were numerous laws obligating it to create one.
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April 25, 2025
HHS Sued Over Withholding Of $65.8M In Title X Funding
The U.S. Department of Health and Human Services unlawfully withheld $65.8 million in federal grants for critically needed family planning services, a nonprofit alleged in a suit filed Thursday in D.C. federal court, saying the withholding seemed to be based, in part, on grantees' support for diversity, equity and inclusion.
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April 25, 2025
Justices Want More Info On HHS Authority In Task Force Row
The U.S. Supreme Court on Friday ordered the federal government and a group of Texas businesses and individuals to compile more information as to whether the U.S. Department of Health and Human Services secretary has the authority to appoint members of a task force under the Affordable Care Act.
Expert Analysis
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Recent Cases Highlight Latest AI-Related Civil Litigation Risks
Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.
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10 Practical Takeaways From FDA's Biopharma AI Guidance
Recent guidance from the U.S. Food and Drug Administration provides much-needed insight on the usage of artificial intelligence in producing information to support regulatory decision-making regarding drug safety, with implications ranging from life cycle maintenance to AI tool acquisition, say attorneys at Covington.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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How Health Cos. Can Navigate Data Security Regulation Limbo
Despite the Trump administration's freeze on proposed updates to the Health Insurance Portability and Accountability Act security rule, there are critical cybersecurity steps healthcare organizations can take now without clear federal guidance, says William Li at Axiom.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Lawmakers Shouldn't Overlook Rare Disease Therapies' Value
As the ORPHAN Cures Act is pending in Congress, policymakers assessing the value of certain drugs for price regulation should consider data beyond what is collected in clinical trials, say Alice Chen at the University of Southern California, and Molly Frean and Yao Lu at Analysis Group.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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What Trump's Order Means For The Legal Status Of IVF
An executive order signed by President Donald Trump last month signals the administration's potential intention to increase protections for in vitro fertilization services, though more concrete actions would be needed to resolve the current uncertainty around IVF access or bring about a binding legal change, says Jeanne Vance at Weintraub Tobin.
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Mitigating Tariff Risks For Healthcare In US And Canada
Healthcare stakeholders should take steps to evaluate the impact of cross-border tariffs, as the historically strong ties between Canada and the U.S. demonstrate the potential for real disruption and harm to the healthcare industry in both countries, say attorneys at Norton Rose.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Bid Protest Spotlight: Prejudice, Injunctions, New Regulations
In this month's bid protest roundup, Markus Speidel at MoFo looks at three recent decisions that consider whether a past performance evaluation needs to show prejudice to be successfully challenged, the prerequisites for injunctive relief and the application of new regulatory requirements to indefinite-delivery, indefinite-quantity contracts.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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What Advisory On Alcohol And Cancer May Mean For Cos.
While the federal government has yet to take concrete steps in response to a January advisory from the outgoing U.S. surgeon general on links between alcohol consumption and cancer, the statement has opened the door to potential regulatory, legislative and litigation challenges for the alcoholic beverage industry, say attorneys at Mayer Brown.
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What's At Stake In High Court Transgender Care Suit
The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.