More Healthcare Coverage
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February 25, 2025
Wage-Fixing Jury Should Hear Of DOJ Pivot, Exec Says
A nursing executive headed for trial next month on wage-fixing charges has urged a Nevada federal judge to let the jury hear that before 2016 the Justice Department didn't view such conduct as criminal, in the lone remaining test of the DOJ's labor antitrust enforcement initiative.
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February 24, 2025
Fed. Circ. Shouldn't Assume Doctors Read Labels, Profs Say
The Federal Circuit has been reviewing whether generic-drug companies induce infringement of their limited-use drugs based on a misunderstanding of how prescribing physicians do their job, law professors from Illinois and Pennsylvania have argued in a new paper.
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February 24, 2025
Patent Eligibility Appeals 'Will Not Go Away,' Justices Told
Another plea to hear a patent eligibility case has been lodged at the U.S. Supreme Court, this time in an amicus brief from the owner of two invalidated patents covering medical machinery that warned "the problem will not go away. The problem will get worse and worse."
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February 24, 2025
GAO Sinks Protest Over Army Corps Solicitation Amendment
The U.S. Government Accountability Office has said the Army Corps of Engineers rightly changed a solicitation to remove the requirement that solicitors attach a project labor agreement, denying a construction contractor's protest of the change.
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February 24, 2025
Shooting Victim Blames Nursing Home For Lack Of Security
A Pennsylvania man who was robbed and shot while visiting his brother at a Pittsburgh nursing home last November has filed a lawsuit against the facility in state court, claiming the company falsely represented that it was safe and secure.
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February 20, 2025
Trump Trans Edicts Will Cause More Teen Suicides, States Say
Washington, Colorado, Oregon and Minnesota argued Wednesday for a court order halting President Donald Trump's executive orders targeting federal funding for gender-affirming care for young people, saying the edicts are unconstitutional and have "unleashed unbridled fear and irreparable harms."
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February 20, 2025
Nootropics Co. Can't Push Nurse's Suit To Arbitration
Makers of the Thesis brand of supplements can't push into arbitration a former U.S. Army nurse's lawsuit claiming its nootropics, sometimes called "smart drugs," secretly contained amphetamines, which caused her to fail a drug test and be booted from the military, a Washington federal judge has ruled.
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February 20, 2025
Ex-Opioid CEO's Billing Spat With Trial Atty Lands In Court
A Manhattan federal judge teed up a briefing schedule Thursday after a fight over expenses erupted between convicted former opioid CEO Laurence Doud and the lawyer who represented him at his criminal trial, who says Doud still owes $150,000.
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February 19, 2025
Contractors' Group Asks DC Judge To Halt Gutting Of USAID
A group representing U.S. citizen personal services contractors working for the U.S. Agency for International Development is the latest to ask a federal judge to step in and block the Trump administration's push to gut the agency and its operations.
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February 19, 2025
Colorado Joins Fight Against Trump Trans Health Order
Colorado on Wednesday joined Washington and two other states opposing President Donald Trump's executive order targeting federal funding for gender-affirming care for people younger than 19, in an amended complaint that noted Colorado was the first state to include gender-affirming care among essential health benefits.
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February 18, 2025
Policyholders Win Bid To Preserve Records For Antitrust Suit
Insurance policyholders who accused Hartford HealthCare Corp. of violating antitrust and unfair trade practices in a Connecticut state court can intervene in a federal court lawsuit with similar claims against the hospital network to preserve records for their class action, a federal district judge has ruled a month after the federal suit settled.
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February 13, 2025
Amtrak Worker Admits Role In $11M Healthcare Fraud
An Amtrak employee has pled guilty in Newark federal court in New Jersey to conspiracy to commit healthcare fraud as part of a scheme that cost Amtrak $11 million, acting U.S. Attorney Vikas Khanna announced.
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February 12, 2025
Labcorp Can't Score New Trial After $384M Patent Loss
Clinical lab giant Labcorp has failed to land a new trial in front of U.S. District Judge Alan Albright after a $384.4 million patent infringement judgment against it in a case over a method for testing for genetic disorders during pregnancy.
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February 12, 2025
Paraquat Plaintiffs Urge 7th Circ. To Revive MDL Suits
Four plaintiffs who were set for bellwether trials in multidistrict litigation targeting the herbicide paraquat argued Wednesday that the Seventh Circuit should unwind their summary judgment losses because the district court's ruling was based on "core misunderstandings" about their expert's evidentiary requirements.
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February 12, 2025
Boston's Opioid Damages Claims Tossed As Too Late
Boston waited too long to sue a group of drug benefits intermediaries over their alleged roles in the opioid crisis, a Massachusetts federal judge said in dismissing the city's complaint Tuesday.
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February 12, 2025
Hospital Says It Should've Had Immunity In 'Maya' Case
Johns Hopkins All Children's Hospital told a Florida appeals court Wednesday that the lower court "profoundly misconstrued" immunity Florida law grants to those who report suspicions of child abuse, which allowed a jury to award $261 million to Maya Kowalski, the subject of a Netflix documentary, for her mother's suicide.
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February 11, 2025
No Prison For Firm Manager Who Aided Feds' No-Fault Bust
A Manhattan federal judge allowed a wealthy law firm manager to avoid prison Tuesday for his role in paying bribes that fueled a $70 million no-fault automobile insurance fraud racket, citing his decision to cooperate with prosecutors and willingness to testify.
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February 11, 2025
Feds Seek $55K In Restitution In VA Doc Sex Abuse Case
Federal prosecutors Tuesday asked a Georgia federal judge to order just over $55,000 in restitution for a woman who was sexually abused by a longtime physician with the U.S. Department of Veterans Affairs.
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February 10, 2025
Medical System Illegally Rounds Workers' Time, Suit Says
A county hospital system employs a policy that modifies when workers clock in and out to avoid paying them all the wages they are owed, which can result in missed overtime pay, a proposed class and collective action filed Monday in Ohio federal court said.
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February 10, 2025
NJ Hospital Hit With Class Claims Over Retirement Plan Fees
A New Jersey health system has been accused of mismanaging its employees' retirement funds, according to a proposed class action filed by one of its employees in Garden State federal court.
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February 10, 2025
Bird Shelter Settles 2nd Nuisance Calls Suit With UnitedHealth
UnitedHealth Group Inc. has settled a proposed class action brought by a North Carolina bird refuge over nuisance calls the health insurer allegedly made to consumers even after it demanded the calls stop, according to a court order pausing the case.
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February 07, 2025
Ga. Hospital Should Face Insurer's Suit Over Double-Billing
A Georgia federal judge has significantly trimmed a lawsuit accusing a regional hospital of double-billing for medical services provided to two people burned in an incident at a South Carolina manufacturing plant.
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February 04, 2025
Judge Explains Biogen Class Cert. Ruling After 1st Circ. Order
A Massachusetts federal judge on Tuesday said he was reminded of a grade school lesson in long division as he explained his reasoning behind granting class certification and cutting short the class period in a suit against drugmaker Biogen Inc. on the orders of the First Circuit.
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January 31, 2025
Supreme Court Eyes Its 'Next Frontier' In FCC Delegation Case
A case about broadband subsidies will give the U.S. Supreme Court the chance to revive a long-dormant separation of powers principle that attorneys say could upend regulations in numerous industries and trigger a power shift that would make last term's shake-up of federal agency authority pale in comparison. And a majority of the court already appears to support its resurrection.
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January 31, 2025
Chiropractors Can Testify On Injury Cause, Mich. Panel Says
Michigan law does not bar chiropractors from testifying about how injuries could be connected to car crashes if the issues fall within the scope of their expertise, a Michigan appellate panel said in reviving a physical therapy clinic's quest to recover no-fault benefits for treatment provided to a crash victim.
Expert Analysis
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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Recent Developments In Insurance Coverage For FCA Claims
As the U.S. Department of Justice continues its vigorous False Claims Act enforcement, companies looking to their insurers to help defray the costs of an investigation or settlement should note recent decisions on which types of policies cover FCA claims, which policy periods apply and which portions of FCA-related losses are covered, say attorneys at Covington.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Webuild Ruling Complicates Arb. Award Enforcement In US
A Delaware federal court's recent decision in Sociedad Concesionaria Metropolitana de Salud v. Webuild, if read literally, could undercut the United States' image as a proarbitration jurisdiction by complicating creditors' efforts to enforce awards against property in this country, says Jeff Newton at Omni Bridgeway.
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Tobacco Surcharge Suits Spotlight Wellness Reg Compliance
A mounting wave of tobacco-user surcharge litigation against employee benefit plans highlights compliance challenges associated with the Health Insurance Portability and Accountability Act wellness regulations, and reminds plan sponsors to ask existential questions about the utility of their wellness programs, say Finn Pressly and Lesley Wolf at Ballard Spahr.
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The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.