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Health

  • April 24, 2019

    Pa. Atty General Gets UPMC-Highmark Suit Tossed, For Now

    A Pennsylvania federal judge Wednesday tossed the University of Pittsburgh Medical Center's attempt to stop the state attorney general from forcing it to negotiate with rival Highmark Inc., ruling that this is a speculative premise and unripe for adjudication until the attorney general takes action.

  • April 24, 2019

    Investors Sue UnitedHealth In Chancery Over Billings Case

    A pension fund and a set of bank-managed investment funds sued UnitedHealth Group's directors and former top officer in Chancery Court late Wednesday, seeking damages on behalf of the company for alleged Medicare billing violations that the suit said could involve billions in false claims.

  • April 24, 2019

    Whistleblower, Gov't Urge Justices To Deny Challenge To FCA

    A whistleblower doctor and the federal government urged the U.S. Supreme Court on Wednesday to reject a petition brought by hospital giant Intermountain Healthcare that challenges the constitutionality of the False Claims Act.

  • April 24, 2019

    Pa. Hospital Worker's Age, Disability Suit Comes Up Short

    A Pennsylvania federal judge has tossed an age and disability bias suit from a hospital worker who didn't get rehired after taking medical leave for cancer treatment, accepting Mercy Catholic Medical Center's argument that it was following internal policy when it hired a less experienced replacement.

  • April 24, 2019

    Judge Narrows Scope Of Banner Health ERISA Fight

    A Colorado federal judge won’t let a group of Banner Health workers bring claims against Jeffrey Slocum & Associates Inc. on behalf of other retirement plan participants after failing to win class certification, although the consultant still faces allegations that it should have given certain investment options the thumbs-down sooner.

  • April 24, 2019

    After 10 Days Of Jury Silence, Insys Exec Asks To Go Home

    One of the five former Insys Therapeutics Inc. executives on trial for conspiring to bribe doctors to prescribe an opioid spray to patients who did not need it is asking the court to let her await her verdict from home as the jury enters its 11th day of deliberation.

  • April 24, 2019

    Ex-Nursing Center Worker Says Scans Break Biometric Law

    A suburban Chicago nursing center was sued in Illinois state court Tuesday for allegedly requiring employees to scan their fingerprints multiple times a workday without getting informed consent under Illinois' biometric privacy law.

  • April 24, 2019

    Texas Justices Told Free Speech Law Kills IP Theft Claims

    The Texas Supreme Court has been asked to resolve a split among the intermediate appellate courts over whether a state free speech law can be used to dismiss a lawsuit brought by a company alleging its former consultant helped steal its software to sell to competitors.

  • April 23, 2019

    What Drove DOJ's 1st Opioid Distributor Charges?

    The U.S. Department of Justice’s first felony charges accusing a drug distributor of fueling the opioid crisis involve familiar allegations of reckless painkiller sales that until now have been punished with civil penalties. But the accusations are also backed up by direct accounts of C-suite complicity, one of several factors that likely tipped the case into criminal waters.

  • April 23, 2019

    Dignity Health Strikes Deal To End ERISA Class Action

    Dignity Health has reached a deal to close the book on a proposed Employee Retirement Income Security Act class action accusing the hospital system of underfunding its pension plan by $1.8 billion, according to a joint notice of settlement filed Tuesday.

  • April 23, 2019

    EEOC Announces Flurry Of Discrimination Settlements

    The U.S. Equal Employment Opportunity Commission has announced five settlements in disability, religion and age bias cases since Thursday, garnering a total of $415,000 in payouts and wrapping up lawsuits against companies including retailer Party City and grocery store chain Safeway.

  • April 23, 2019

    Allergan Drug Buyers Take One Last Shot At Class Cert.

    Purchasers of Allergan's ulcerative colitis drug lodged a last-ditch effort for class certification in their antitrust suit, asking a Massachusetts federal judge Monday to reconsider denying them a chance to rework their bid after an appellate court rejected an earlier iteration.

  • April 23, 2019

    Med Mal Insurer On Hook For $2M In Bad Birth Suit

    A Missouri appeals court ruled Tuesday that a medical malpractice insurance company's policy for a doctor sued over a botched delivery causing both a mother and her baby to suffer permanent injuries must pay out $2 million — or twice the policy limit — because the two injuries are considered separate occurrences.

  • April 23, 2019

    Challengers Gun For DOJ’s CVS-Aetna Deal In Witness Lists

    Health care-focused economists and policy experts are the preferred advocates to speak against the U.S. Department of Justice settlement clearing CVS Health's acquisition of Aetna, according to new witness lists in the extraordinary D.C. federal court review of the $69 billion merger.

  • April 23, 2019

    Planned Parenthood Seeks Sanctions On Anti-Abortion Group

    Planned Parenthood has urged a California federal judge to sanction anti-abortion activists for allegedly letting one of their expert witnesses view a confidential transcript only attorneys were supposed to see in Planned Parenthood's suit over videos the activists recorded purporting to show the sale of fetal tissue.

  • April 23, 2019

    Chinese E-Commerce Cos., Brewing Co. Launch IPOs

    A pair of Chinese e-commerce companies led by Skadden launched initial public offerings on Monday and an Oklahoma restaurant operator launched its own offering Tuesday, a trio of deals that could raise a combined $427.5 million if they all price at the top of their respective ranges.

  • April 23, 2019

    Cooley-Led Biotech Nixes IPO, Scores $142M Funding Round

    Cancer-focused biotechnology firm Poseida Therapeutics Inc. has decided to put plans for an initial public offering on hold, with the Cooley LLP-guided company instead picking up $142 million in a funding round led by pharmaceutical giant Novartis.

  • April 23, 2019

    Health Care Workers Lose Bias Appeal At 3rd Circ.

    The Third Circuit affirmed the dismissal of employment discrimination claims from two former employees of a residential health care center in Pennsylvania on Monday, ruling that neither showed evidence that they lost their jobs due to workplace injuries.

  • April 23, 2019

    Claims Trimmed In $2.9M Health Care Investment Fraud Suit

    An investment firm's securities fraud suit accusing two former business partners of stealing $2.9 million through a bogus health care venture largely survived Tuesday after a Florida federal judge tossed two of five claims due to insufficient pleading.

  • April 23, 2019

    Wandering Patient's $4.3M Injury Award Upheld In Wash. State

    A Washington state appeals court has upheld a trial verdict awarding $4.3 million in damages to a mentally disabled patient who injured himself after a county counselor’s decision enabled him to wander off, rejecting the county’s various bids to overturn the outcome.

Expert Analysis

  • Gov't Contractors, Be Prepared For FCA Parallel Proceedings

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    The continued sprawl of False Claims Act cases warrants scrutiny of one of the statute's less understood characteristics — one set of facts can lead to concurrent or successive proceedings initiated by a combination of criminal, civil or administrative authorities, as well as private plaintiffs, say attorneys at DLA Piper.

  • What We Heard At The FTC Hearings: Day 22

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    The 13th hearing in the Federal Trade Commission’s series on competition in the 21st century focused on evaluating the FTC’s merger retrospective program. Jon B. Jacobs and Jeremy Keeney of Perkins Coie discuss some of the recurring themes, innovative concepts and key takeaways.

  • Justice Department's ACA Reversal Raises FCA Questions

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    The U.S. Department of Justice's about-face on Affordable Care Act constitutionality may discourage potential whistleblowers from coming forward unless the DOJ clarifies its plans to enforce the False Claims Act, says Cleveland Lawrence III of Mehri & Skalet.

  • Rebuttal

    Jury Trials, Though In Decline, Are Well Worth Preserving

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    In a recent Law360 guest article, the author applauded the disappearance of jury trials as an inefficient, costly mechanism, but in doing so he overlooked the greater value of jury trials for our justice system, says Stephen Susman, executive director of the Civil Jury Project at NYU School of Law.

  • Measles Vaccine Mandates Have Strong Legal Footing

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    In response to the recent measles outbreak, more cities and states are expected to follow New York City's lead with orders for mandatory measles vaccinations, and challenges to those orders are unlikely to be successful, say Michael Hoernlein and Rebecca Gauthier of Alston & Bird.

  • A Broader View Of The US Supreme Court Bar

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    During the past 15 years, three widely read articles bolstered by starstruck media have promulgated the incorrect perception — sorely in need of revision — that the U.S. Supreme Court bar is limited to a handful of elite lawyers, says Lawrence Ebner of Capital Appellate Advocacy.

  • Health Care Cos. Should Beware Usurpation Of Opportunity

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    A recent Delaware Court of Chancery decision, Personal Touch v. Glaubach, may prompt corporate leadership to be more attentive to the legal risks associated with the usurpation of corporate opportunity, especially in the health care sector, says Michael Peregrine of McDermott.

  • Inside DOJ's Recent Charitable Copay Foundation Settlements

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    On April 4, the U.S. Department of Justice announced three settlements of False Claims Act cases, offering a glimpse into the ways the DOJ believes pharmaceutical companies have used charitable copay foundations to cover copays of government health program beneficiaries, circumvent anti-kickback laws and artificially bolster high drug prices, say attorneys with Skadden.

  • State Net

    Court Battles Slow Trump Health Care Rollbacks

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    A D.C. federal court recently struck down Trump administration waivers allowing two states to impose work requirements on Medicaid recipients. The case is part of a larger partisan struggle in which President Donald Trump and Republican state attorneys general continue their efforts to dismantle Obamacare, says Lou Cannon of State Net Capitol Journal.

  • In Virtual Teams For Mass Torts, The 'Law Team' Is Critical

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    A critical component of any virtual law team assembled for mass tort litigation is a dedicated "law team," which tackles the legal strategy and drafts the many necessary pleadings, motions and other submissions, say attorneys at Pepper Hamilton and Faegre.