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

  • FDA Closeout Letter Suggests Relaxing Stance On Wearables

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    The U.S. Food and Drug Administration's recent decision not to pursue enforcement action against Whoop's wearable blood pressure tracker, read together with guidance released earlier this year, suggests a softer shift in the FDA's approach to regulating wearables, say attorneys at Arnold & Porter.

  • Justices' Hikma Reasoning May Extend Well Beyond Pharma

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    The active steps framework announced by the U.S. Supreme Court in its Hikma v. Amarin decision, finding that Amarin failed to plausibly allege inducement of infringement, has the potential to reshape how courts evaluate inducement claims across patent, copyright and other doctrines, say attorneys at BCLP.

  • Teva MDL Loss Shows DPAs Can Return To Haunt Civil Suits

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    Teva’s recent partial summary judgment loss in antitrust multidistrict litigation reinforces the importance of carefully scrutinizing any statement of facts a company admits to in a deferred prosecution agreement, and illustrates the potential costs of resolving a criminal investigation this way, say attorneys at Sheppard.

  • 11th Circ. FCA Qui Tam Revival Queues Up Next Challenges

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    Though the Eleventh Circuit on Sept. 1 upheld the constitutionality of the False Claims Act's qui tam provision, it will probably face continued litigation since the appellate court declined to rule on other constitutional challenges and the decision will likely be petitioned to the U.S. Supreme Court, say attorneys at Sheppard.

  • Prepping Health Businesses For Sale In A Data-Driven Market

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    In a thinner market for healthcare transactions, with both regulators and buyers using artificial intelligence to inspect data in great detail, the margin for error in sellers' financials and legal diligence has narrowed, requiring more proactive compliance efforts, says Cody Dumas at FBFK Law.

  • Series

    Ballet Makes Me A Better Lawyer

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    A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

  • Rejection Of NLRB Successor Bar Renews An Employer Tool

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    Although the D.C. Circuit's recent ruling in Hospital Menonita v. National Labor Relations Board does not allow purchasers to disregard incumbent unions, employers acquiring a unionized business have regained a tool to challenge a union's majority support, say attorneys at Bass Berry.

  • NY Ethics Opinion Warns Attys On Qui Tam Deception

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    A recent New York State Bar Association ethics opinion cautions that counsel representing whistleblowers may not induce, supervise or facilitate a client's deceptive prefiling investigations, creating a potential vulnerability for qui tam complaints built on questionable evidence-gathering methods, say attorneys at Sidley.

  • DOJ Fraud Declination Highlights Self-Disclosure Tradeoffs

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    As exemplified by the U.S. Department of Justice's declination of charges against Campus Eye Management under its new corporate enforcement policy, self-disclosure can be an attractive option for healthcare companies navigating criminal exposure, but should be weighed against potential costs, say attorneys at Morgan Lewis.

  • Insurer Spoliation Ruling Flags Continuing Duty To Preserve

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    An Illinois federal court’s recent decision to impose spoliation sanctions on the insurer in H.D. Smith v. Cincinnati Insurance provides practical guidance for navigating long-tail coverage litigation, underscoring the importance of evaluating preservation obligations in light of the full life cycle of a dispute, say attorneys at Morgan Lewis.

  • What DOJ Fraud Division Rule Resolves, And What It Doesn't

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    The U.S. Department of Justice’s recently published final rule answers many outstanding questions about the newly created National Fraud Enforcement Division, but overlapping mandates could result in parallel investigations and diverging viewpoints between multiple sets of prosecutors, say attorneys at Gibson Dunn.

  • Series

    Taekwondo Makes Me A Better Lawyer

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    Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

  • Youth Center Investigation Shows Rising Governance Scrutiny

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    A recent New Hampshire attorney general report following its investigation into the state's Sununu Youth Services Center shows how organizations serving vulnerable populations can face scrutiny of their governance, safety practices and preparedness, even when investigators find no abuse, say attorneys at Morgan Lewis.

  • Target's ERISA Win Doesn't Ax Tobacco Surcharge Questions

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    Though a Minnesota federal court's recent dismissal of a putative class action challenging Target's tobacco surcharge wellness program offers employers a defense road map, courts' differing conclusions about the Employee Retirement Income Security Act versus U.S. Department of Labor requirements leave the legal landscape unsettled, say attorneys at McGuireWoods.

  • How 'Most Favored Nation' Regime Affects Biopharma Deals

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    As M&A activity surges in the biopharma space, companies will need to account for the Trump administration's most-favored-nation pricing proposals — durable in concept, if unsettled in detail — when drafting deals, say attorneys at Gibson Dunn.

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