Health

  • September 25, 2020

    Ex-King & Spalding Partner Settles Benefits Suit With Insurer

    A former King & Spalding LLP partner suing Reliance Standard Life Insurance Co. for ignoring medical evidence and violating federal law by cutting off his benefits after he suffered blood and lung complications stemming from a gene mutation told a New York federal judge Friday that a settlement has been reached.

  • September 25, 2020

    Kan. Court Backs Docs' Trial Win In Botched Surgery Suit

    The Kansas Court of Appeals on Friday affirmed a defense verdict in a suit accusing two surgeons of botching a man's hernia repair surgery, saying the patient's "lack of informed consent" claim was properly tossed by the trial judge.

  • September 25, 2020

    NJ Nursing Home Faces Contempt Bid For Disobeying NLRB

    The National Labor Relations Board urged a New Jersey federal judge Friday to hold nursing home operator Alaris Health in civil contempt and impose monetary penalties for its repeated failures to show it has followed a court order to provide information requested by a union representing its employees.

  • September 25, 2020

    Moms Can't Get Class Treatment In Lactation Coverage Suit

    An Illinois federal judge has denied class certification in a suit accusing Health Care Service Corp. of failing to properly cover breastfeeding support and counseling services, ruling that the mothers didn't show the insurer applied a uniform policy to the benefit claims.

  • September 25, 2020

    Dems Call To Investigate DOD's CARES Act Spending

    Two more Democratic lawmakers Friday joined a growing list of politicians calling to investigate U.S. Department of Defense spending, following reports that the department redirected most of a $1 billion CARES Act appropriation meant to respond to the COVID-19 pandemic to non-emergency contractors instead.

  • September 25, 2020

    DC Circ. Says Alaska Native Cos. Can't Get COVID-19 Funds

    The D.C. Circuit ruled Friday that Alaska Native corporations can't share in $8 billion in tribal government funding to deal with the COVID-19 pandemic, overturning a D.C. federal judge's ruling that ANCs were eligible for the CARES Act money.

  • September 25, 2020

    Trump EO On Surprise Medical Bills Shocks Employer Groups

    President Donald Trump's recent executive order directing an already-swamped Congress to end surprise medical billing by Dec. 31 struck many in the employee benefits community as little more than a symbolic gesture — one that spotlights a significant issue for employers and benefit plans but fails to guarantee a solution.

  • September 25, 2020

    Ex-Lineman Tells 11th Circ. He Should Get Disability Benefits

    Former defensive lineman Darren Mickell urged the Eleventh Circuit Friday to overturn a lower court's ruling upholding the National Football League retirement plan's decision to deny him disability benefits, arguing the plan's board failed to consider any of the evidence he presented.

  • September 25, 2020

    Mass. AG Says Firm Took Kickbacks To Refer Opioid Patients

    A Massachusetts law firm was sued by the commonwealth, accusing it of accepting more than $90,000 in kickbacks in exchange for referring clients to a mail-order pharmacy that dispensed thousands of opioid prescriptions.

  • September 25, 2020

    Minority Atty Group Honors Genentech For Diversity Efforts

    The Minority Corporate Counsel Association announced Friday that American biotech company Genentech, which is part of the multinational Roche Group, is its 2020 Employer of Choice, citing the company's use of data to hold leaders accountable for meeting diversity and inclusion goals.

  • September 25, 2020

    Care.com Escapes Investors' Background Check Suit

    A Massachusetts federal judge on Friday tossed a proposed class action that alleged home care referral website Care.com and its executives led investors to believe it did background checks on care providers, ruling the company didn't say it would vet every caregiver on its website.

  • September 25, 2020

    Premera Blue Cross Inks $6.85M HIPAA Deal, 2nd Largest Ever

    Premera Blue Cross has agreed to pay $6.85 million to settle a probe into whether it breached the Health Insurance Portability and Accountability Act in its handling of a 2015 data breach that affected nearly 11 million people, U.S. health officials said Friday.

  • September 25, 2020

    Cerner, Workers Near Settlement In 401(k) Suit

    Cerner Corporation has reached a monetary deal with former employees who claim the company mismanaged their 401(k) plan, the workers told a Missouri federal court.

  • September 25, 2020

    NC Justices Restore $6.5M Jury Award In Patient Death Suit

    The North Carolina Supreme Court on Friday reinstated a $6.5 million jury verdict against a hospital that was sued for negligently treating a patient's chest pain and failing to prevent his death, saying a lower appeals court erred by wiping out a $5.5 million pain-and-suffering damages award.

  • September 25, 2020

    Medical Science Co. Wants Hiscox To Foot False Ad Defense

    A medical science company said Hiscox Inc. breached its insurance contract by not defending it against a suit from Georgia's attorney general alleging the company made more than $6.4 million from its fraudulent stem cell injection products.

  • September 25, 2020

    SEC Says Biotech Boss Conned Investors Over COVID-19 Test

    The U.S. Securities and Exchange Commission filed suit in California federal court Friday against a top executive of biotechnology company Arrayit Corp. who it says conned investors into believing the company had developed a COVID-19 test and misled them about the status of financial reports.

  • September 25, 2020

    Brown Law Tapped To Lead Tivity Health Class Suit In Del.

    The Brown Law Firm PC emerged Thursday as lead counsel in a federal consolidated suit seeking damages from directors and officers in the name of nutrition company Tivity Health Inc., who are blamed for a steep stock slump tied to its $1.3 billion acquisition of Nutrisystem Inc. in 2019.

  • September 25, 2020

    Ohio Medical Pot Co. Demands Action On Expansion Request

    An Ohio medical marijuana cultivator has sued a state cannabis regulator for taking no action on its expansion application, saying the agency is "punting" on the issue despite a pronounced shortage of marijuana in the Buckeye State.

  • September 25, 2020

    Taxation With Representation: Weil, Latham, Skadden

    In this week's Taxation With Representation, United Wholesale Mortgage goes public in a $16 billion merger, biotechnology firm Illumina Inc. buys cancer detection company Grail for $8 billion, and Microsoft spends $7.5 billion for two video game companies.

  • September 25, 2020

    Gynecologist's COVID-19 Insurance Suit Survives Dismissal

    A Florida federal judge has denied an insurer's bid to toss a suit by a gynecologist's office alleging it wrongfully denied coverage of losses stemming from the COVID-19 shutdown, making it the fourth federal court case to move past the dismissal stage.

  • September 25, 2020

    Pot Retailer Ignored Routine Sexual Harassment, EEOC Says

    A Maryland medical marijuana dispensary ignored serial sexual harassment by a former manager and failed to investigate complaints about his lewd comments and inappropriate touching for more than a year, the U.S Equal Employment Opportunity Commission said.

  • September 25, 2020

    Mass. Vet Home Leaders Charged Over Deadly Virus Outbreak

    Two top officials at a Massachusetts soldiers' home were criminally charged Friday with negligence for their role in a COVID-19 outbreak that killed 76 veterans, in what Attorney General Maura Healey called the first criminal case in the country against nursing home operators related to the pandemic.

  • September 24, 2020

    FDA OKs Import Of Some Prescription Drugs From Canada

    The U.S. Food and Drug Administration announced a final rule Thursday that would allow states, tribes, pharmacists and wholesalers to import certain prescription drugs from Canada, following through on an executive order signed by President Donald Trump in July.

  • September 24, 2020

    3 Highlights As Trump Makes Flimsy Vow On ACA Protections

    President Donald Trump on Thursday delivered a seemingly toothless promise to shield Americans with preexisting conditions, issued an ultimatum on legislation to curb surprise medical billing and unexpectedly announced he's mailing tens of millions of $200 drug discount cards just before the election.

  • September 24, 2020

    Pot Co. Says NJ Rival Can't Jump Line For Hoboken Spot

    Cannabis company Terrapin is accusing competitor Harmony Foundation of bypassing New Jersey's vetting process to open a medical marijuana dispensary in Hoboken, asking a court to revoke Harmony's application or force the company to be evaluated.

Expert Analysis

  • A Likely Tipping Point For Nonlawyer Ownership Of Law Firms

    Author Photo

    The Arizona Supreme Court's recent decision to eliminate prohibitions on nonlawyer ownership of law firms may show that the organized bar's long-standing rhetoric that such rules are essential to protecting the legal profession's core values is overblown, say Anthony Sebok at Cardozo School of Law and Bradley Wendel at Cornell Law School.

  • The Challenges Facing Trump's Drug Pricing Order

    Author Photo

    President Donald Trump's executive order on international reference pricing for Medicare drugs is likely to either languish in Congress or die in court, but more modest drug pricing reform measures may be viable in the coming year, say attorneys at Ropes & Gray.

  • Beware DOJ's Statutory Tool For Fighting COVID-19 Fraud

    Author Photo

    Companies engaged in commerce related to COVID-19 or that have received Paycheck Protection Program funding should familiarize themselves with a fraud statute, under which the U.S. Department of Justice has been successful in obtaining injunctions even before defendants are charged with a crime, say attorneys at V&E.

  • Breaking Down The Top 3 COVID-19 Workplace Claims

    Excerpt from Practical Guidance
    Author Photo

    Attorneys at Fisher Phillips identify litigation trends in the three most common types of COVID-19 claims filed against employers to date, and discuss risk-reduction and defense strategies.

  • A Road Map For Drafting Persuasive Discovery Motions

    Author Photo

    Best practices that can help litigators write convincing discovery motions include thinking about the audience, addressing a few key questions, and leaving out boilerplate from supporting briefs, says Tom Connally at Hogan Lovells.

  • How Congress Can Depoliticize The Supreme Court

    Author Photo

    Congress has multiple means to take the politics out of federal judicial nominations and restore the independence of the U.S. Supreme Court — three of which can be implemented without a constitutional amendment, says Franklin Amanat at DiCello Levitt.

  • Opinion

    1st Circ. ERISA Benefit Ruling Misapplies Review Standard

    Author Photo

    The First Circuit’s recent decision in Doe v. Harvard Pilgrim Health Care — affirming denial of health insurance coverage based on the de novo review standard under the Employee Retirement Income Security Act — is dubious because it deviates markedly from civil procedure requirements and conflicts with U.S. Supreme Court jurisprudence, says Mark DeBofsky at DeBofsky Sherman.

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

    Author Photo

    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • Trump's Drug Pricing Order Is More Bark Than Bite

    Author Photo

    President Donald Trump's new executive order addressing pricing for drugs covered by Medicare Parts B and D glosses over enormous difficulties in restructuring Medicare operations and is unlikely to lead to any imminent changes, say attorneys at Debevoise.

  • Key Regulatory Concerns For Cos. Making COVID-19 Products

    Author Photo

    Recent enforcement actions by federal agencies against businesses making products intended to protect against COVID-19 highlight why companies must understand which regulators they are answerable to, and what standards they must follow when producing, advertising, labeling and selling their goods, say attorneys at Crowell & Moring.

  • Anthem-Cigna Merger Ruling Highlights Post-Deal Issues

    Author Photo

    The Delaware Chancery Court's recent decision to halt the Anthem-Cigna merger on antitrust grounds is most notable for not holding Cigna liable for breaching its obligation to support the transaction, and underscores the vulnerability of merger-of-equals transactions to post-signing issues, say attorneys at Fried Frank.

  • The Keys To A Better Privilege Logging Paradigm

    Author Photo

    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • White House Due Process Memo Could Reform Enforcement

    Author Photo

    A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

  • Law Firm Hiring Considerations In A COVID-19 Economy

    Author Photo

    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • Comparing Recent State Data Breach Law Updates

    Author Photo

    Public and private entities should revisit their incident response plans to ensure compliance with and understand the differences among heightened data breach notification requirements that five states and Washington, D.C., added or amended this year, says Jane Petoskey at Polsinelli.

Want to publish in Law360?


Submit an idea
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!