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Health
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September 30, 2025
Texas Court Upends $13M Home Care Car-Train Crash Verdict
A Texas appeals court has vacated a $13 million verdict against a home care provider over a car-train crash that killed one of its clients and injured his wife, saying the trial court instructed the jury incorrectly and the evidence did not show that the provider's employee was acting in the course and scope of her employment.
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September 30, 2025
Pharmacist Gets 35 Months For 'Insidious' $11M Drug Scheme
A pharmacist was sentenced on Tuesday to 35 months in prison for his role in a plot to file fraudulent prescriptions for specialty drugs that were later sold for profit, costing Medicare and an insurer at least $5.6 million and earning the pharmacist and his wife more than $11 million.
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September 30, 2025
Blue Cross Insurers Sanctioned For 2-Year Discovery Drawout
An Illinois federal judge has ordered a host of Blue Cross and Blue Shield insurers to pay the fees and costs Walgreens incurred in an overbilling suit while helping to work through discovery production, which took two years to remediate with a special master.
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September 30, 2025
Nevada Hospital Nets $510M Verdict In Staff Poaching Suit
A Nevada hospital won a jury award of more than $510 million in its lawsuit accusing Universal Health Services of raiding its staff and swiping its trade secrets during the COVID-19 pandemic.
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September 30, 2025
HHS Moves To Suspend Harvard From Funding
The civil rights office at the U.S. Department of Health and Human Services is moving to cut off Harvard University from future funding, a maneuver legal experts say could stymie healthcare and biomedical research.
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September 30, 2025
Judge Ends Challenge To Mich. Abortion Rights Amendment
A federal judge tossed a challenge to Michigan's voter-approved constitutional right to an abortion on Tuesday because abortion opponents had not shown they were personally harmed by the amendment.
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September 30, 2025
Wis. Legislators Trying Again To Legalize Medical Cannabis
Republican state lawmakers in Wisconsin have introduced a bill to legalize smokeless cannabis products for medical use, more than a year and a half after a similar proposal died.
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September 30, 2025
Judge Freezes Chinese Cos.' Assets In X-Ray IP Suit
Two Chinese companies were barred from doing business in the United States and had their U.S.-based assets frozen by a Chicago federal judge until they comply with an earlier injunction order, with the judge stopping short of referring the pair and two of their executives for criminal contempt charges.
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September 30, 2025
Hospital Urges Justices To Review 7th Circ. Medicaid Ruling
A Chicago hospital urged the U.S. Supreme Court to take up its petition for review of a Seventh Circuit ruling that had shut down its suit against the state of Illinois seeking enforcement of timely Medicaid payments, saying it's an "excellent opportunity" to address "resulting uncertainties" after a recent ruling against Planned Parenthood.
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September 30, 2025
Health Aide's Overtime Case Ends After Settlement Rewrite
A Connecticut federal judge has approved a home healthcare aide's $60,000 settlement in an overtime wage lawsuit after the parties removed a contentious clause that would have barred the worker from seeking future employment with the same company, court records show.
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September 30, 2025
FCA Suit Tainted By Expert's AI 'Hallucination' Gets Dismissed
A False Claims Act suit rocked by allegations of AI-generated hallucinations in an expert's report ended Tuesday after the federal government joined the case and quickly urged a Utah federal judge to throw it out.
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September 30, 2025
Ga. Panel Won't Nix $4M Verdict In Toddler Death Suit
A Georgia appeals court will not vacate a $4 million verdict awarded to parents who allege their 15-month-old child died because his physician did not consider that he might have swallowed a foreign object, rejecting the doctor's argument that the plaintiffs' expert was not reliable in his opinion.
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September 29, 2025
Pfizer Says Drugmaker Moving Too Early On Arthritis Generic
Pfizer has asked a Delaware federal court to block generic-drug maker Prinston Pharmaceutical from moving forward with plans to sell a generic version of the arthritis drug Xeljanz that would allegedly infringe Pfizer's patent.
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September 29, 2025
Trulieve Says Berkshire Hathaway Must Defend Death Suit
An insurance company owned by Berkshire Hathaway has a duty to provide legal defense for Trulieve, which is being sued in Massachusetts state court over a cannabis worker's death, the medical marijuana company argued, telling a federal court that the insurer's responsibility is immediate, even if it turns out the policy doesn't actually cover the suit.
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September 29, 2025
CTA Could Face Second Ill. Jury Over Vaccine Bias Allegations
An Illinois federal judge has found there are too many open questions to give a win to the Chicago Transit Authority in a former employee's suit over its decision to terminate him after he sought a religious exemption to the agency's mandatory COVID-19 vaccination policy.
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September 29, 2025
6 Copyright, TM Cases On Tap As Justices Begin New Term
The new U.S. Supreme Court term could be an eventful one for intellectual property law, with a $1 billion copyright fight on deck between music publishers and Cox Communications that is expected to clarify the bounds of liability for internet companies over their customers’ illegal downloads. Here's a look at some of the IP cases under review as the justices begin their new term Oct. 6.
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September 29, 2025
House GOP Lawmakers Back ITC Import Ban Won By Oura
A group of House Republicans want the U.S. Trade Representative to uphold the U.S. International Trade Commission's decision to block Ultrahuman and RingConn from importing products it held infringed an Ouraring Inc. wearable computing device patent.
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September 29, 2025
No New Trial In Eyedrop TM Case, But Damages Cut To $11M
A California federal judge has rejected a motion for a new trial in a trademark case between eyedrop makers after a jury awarded one side $35 million, saying there was plenty of evidence to support a finding of infringement while reducing the damages award to about $11.2 million.
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September 29, 2025
Ill. Judge Trims Suit Over Chicago Children's Hospital Hack
Patients and patrons of Lurie Children's Hospital in Chicago whose personal information was allegedly compromised in a hack can pursue their claim that the hospital's negligent data security practices led to the exposure, but an Illinois federal judge dismissed most of their other claims.
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September 29, 2025
Terumo Secures $5M Cost Award After Beating Cancer Claims
A Colorado state judge has granted a healthcare company over $5 million in costs following the company's win in its first bellwether trial against Lakewood residents who claim its medical sterilization facility caused their cancer.
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September 29, 2025
Benefits Co. Can't Escape Worker's Tobacco Surcharge Suit
A Tennessee federal court refused to toss an employee benefits company worker's proposed class action alleging a surcharge on the health plans of employees who used tobacco violated federal benefits law, but agreed to pare some allegations from the suit for failure to state a claim and lack of standing.
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September 29, 2025
11th Circ. Backs Somatics' Win In Man's Brain Damage Suit
The Eleventh Circuit on Monday sided with Somatics LLC in a suit from a man who alleged that he suffered brain damage from treatments using one of its electroshock therapy devices, finding that the trial court was within its discretion when it dismissed and consolidated some of his claims for trial.
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September 29, 2025
TikTok Can't Use Section 230 To End NJ AG's Harm Suit
A New Jersey state court judge has rejected TikTok's bid to use an internet safety law carveout that shields publishers of third-party information to end Attorney General Matthew Platkin's lawsuit over the exploitation of children, reasoning that the alleged harm stems from the social media app's design rather than what users view.
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September 29, 2025
Mass. Appellate Court Revives Hospital Worker's Vaccine Suit
A former surgical technician at UMass Memorial HealthAlliance-Clinton Hospital who was fired after her request for a religious exemption from a mandatory coronavirus vaccination policy was deemed to be based on "demonstrably false" information will get another chance to prove her discrimination claim, Massachusetts' intermediate-level appeals court ruled Monday.
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September 29, 2025
Idaho Pushes Back On Effort To Moot Trans Athlete Ban Case
The state of Idaho is pushing back at a plaintiff's bid to stop the U.S. Supreme Court from hearing a case that challenges a state law banning transgender athletes, arguing that the athlete cannot toss a suit that is stayed or "manipulate" the docket to avoid an unfavorable decision.
Expert Analysis
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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How Ore. Law Puts New Confines On Corp. Health Ownership
A newly enacted law in Oregon strengthens the state’s restrictions on corporate ownership of healthcare practices, with new limitations on overlapping control, permissible services, restrictive covenants and more making it necessary for practices to review decades-old physician practice arrangements, say attorneys at Ropes & Gray.
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Handling Revenue Cycle Management Disputes In The AI Age
As healthcare providers and revenue cycle management vendors face an increasing use of artificial intelligence in claims adjudication, it's important for providers and their general counsel to plan in advance for potential disagreements with vendors and investigate the root causes behind any underperformance that arises, say consultants at AlixPartners.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Trump Antitrust Shift Eases Pressure On Private Equity Deals
Enforcement actions and statements by Trump administration antitrust officials forecast a shift away from specifically targeting private equity activity, which should be welcome news to dealmakers, but firms shouldn't expect to escape traditional antitrust scrutiny, says Nathaniel Bronstein at Fried Frank.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Prepare For Increased FDA Inspections Of Foreign Facilities
In light of the U.S. Food and Drug Administration's recently announced plans to expand use of unannounced inspections of foreign drug manufacturing factories, foreign firms should implement best practices in anticipation of an imminent increase in enforcement activity, say attorneys at McGuireWoods.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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Opinion
Legacy Of 3 Justices Should Guide Transgender Rights Ruling
Three Republican-appointed U.S. Supreme Court justices — Anthony Kennedy, Sandra Day O'Connor and David Souter — gave rise to a jurisprudence of personal liberty that courts today invoke to protect gender-affirming care, and with the court now poised to decide U.S. v. Skrmetti, it must follow the path that they set, says Greg Fosheim at McDermott.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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How Medical Practices Can Improve Privacy Compliance
In light of recent high-profile patient privacy violations, health practices — especially in California — should better position themselves to comply with medical privacy laws by shoring up strategies ranging from mapping electronic protected health information to building a better compliance culture, says Suzanne Natbony at Aliant Law.
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Recent Reports Shed Light On Section 340B's Effectiveness
Recent analyses of the Section 340B program's effectiveness in helping patients afford drugs in Minnesota reinforce concerns about the program's lack of transparency and underscore the need for further evaluation of whether legislative reform should be enacted, say William A. Sarraille at the University of Maryland, and Andrée-Anne Fournier and Molly Frean at Analysis Group.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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5 Open Questions About FDA's AI-Assisted Review Plans
The U.S. Food and Drug Administration recently touted the completion of a generative artificial intelligence program for scientific reviewers and plans for agencywide deployment to speed up reviews of premarket applications, but there is considerable uncertainty surrounding the tools' ability to protect trade secrets, avoid bias and more, say attorneys at King & Spalding.