Policy & Compliance
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January 23, 2026
High Court's Med Mal Ruling Won't Spark Rise In Suits
The U.S. Supreme Court's recent ruling that a Delaware medical malpractice statute can't be enforced in federal court won't cause a noticeable rise in cases, experts said, but it could lay the groundwork for other cases involving conflicting procedural state laws.
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January 23, 2026
$200M Sun, Taro Generics Deal Gets Final OK
A Pennsylvania federal judge granted final approval Friday for a $200 million deal resolving employee benefits plans' claims against Sun Pharmaceutical and Taro Pharmaceuticals in the sprawling price-fixing litigation against generic-drug makers, while again ensuring the claims from dozens of state attorneys general remain untouched by the settlement.
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January 22, 2026
DC Circ. Presses Feds To Justify Military Trans Ban
A D.C. Circuit judge pressed the government on Thursday to justify a policy that effectively bars transgender people from serving in the military, questioning why Secretary of Defense Pete Hegseth imposed a more stringent policy than the first Trump administration did.
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January 22, 2026
6th Circ. Revives Law Firm Worker's Anthem Coverage Fight
Anthem Blue Cross Blue Shield's decision denying coverage for a law firm employee's son to continue receiving residential mental health treatment was arbitrary and capricious, the Sixth Circuit ruled Thursday, saying the insurer needs to carry out a "full and fair review of the requested coverage."
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January 22, 2026
Yale Hospital Wants Infant Death Verdict Reduced By $30M
Yale University and Yale New Haven Hospital on Thursday asked a Connecticut judge to reduce a $32 million infant death verdict to just $2 million, saying damages for the loss of enjoyment of life cannot be awarded in addition to damages for the infant's death itself.
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January 22, 2026
Docs Ask NJ Justices To Send Allstate RICO Case To Arbitration
Medical providers facing a racketeering suit from Allstate units pressed the New Jersey Supreme Court on Thursday to compel the insurers to arbitrate even large-scale fraud and racketeering claims tied to personal injury protection benefits under the state's no-fault statute, as the justices questioned whether that was feasible.
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January 22, 2026
FDA Action Shouldn't Halt Amazon Labeling Suit, Plaintiffs Say
Shoppers accusing Amazon of failing to make required disclosures on dietary supplement product pages told a Washington federal judge there's no need to pause their proposed class action amid possible rulemaking by the U.S. Food and Drug Administration, arguing that the supposed rule change wouldn't negate the suit's claims under California law.
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January 22, 2026
As Lawmakers Scrutinize Costs, Insurers Point To Hospitals
Facing a barrage of questions from lawmakers on Capitol Hill about rising costs, the heads of the biggest health insurance companies in the U.S. sought to blame providers and other parts of a complex industry.
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January 22, 2026
Arnall Golden Starts Gender-Affirming Care Defense Team
Arnall Golden Gregory LLP has started a team to defend healthcare providers and others who are facing federal investigations and enforcement actions over gender-affirming care.
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January 22, 2026
Ex-Surgeon Prevails Over Insurers In Lifetime Disability Fight
A Michigan federal judge handed a disabled surgeon a win against two insurance companies Thursday in his suit seeking total disability benefits for life, siding with the ex-worker's argument that the insurers erred in determining that his condition was caused by sickness instead of injury and cutting off benefits.
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January 22, 2026
Investors Drop LA Law Firm From Bioscience Fraud Suit
A group of investors including a "Toy Story" screenwriter pursuing an $87 million fraud suit against a bioscience company in California state court has agreed to drop claims against a California law firm and its name partner, with the firm in turn withdrawing an anti-SLAPP motion it filed in the suit.
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January 21, 2026
CVS, UnitedHealth, Express Scripts Duck PBM Antitrust Suit
A Missouri federal judge has thrown out a proposed class action accusing the country's three largest pharmacy benefit managers — owned by CVS, UnitedHealth Group and Cigna Group — of inflating prescription costs through their rebating practices.
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January 21, 2026
Midwives Challenge Miss. Practice Limits In Antitrust Suit
The American College of Nurse-Midwives launched a suit seeking to permanently block Mississippi rules requiring certified nurse-midwives to obtain collaboration agreements with physicians, arguing the rules unlawfully restrict competition and exacerbate public health challenges in the state.
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January 21, 2026
BCBS Says Bankrupt Hospital Can't Leave $3B Antitrust Deal
Blue Cross Blue Shield is opposing a bankrupt Alabama hospital's bid to opt out of a $2.8 billion antitrust class action settlement to pursue its own claims in bankruptcy court, arguing the hospital has no excuse for missing the deadline.
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January 21, 2026
Feds Say Medicare Steering Case Meets FCA Legal Bar
The government said Wednesday that its False Claims Act complaint accusing insurers and brokers of participating in a kickback scheme to steer customers to Medicare Advantage plans doesn't conflict with a First Circuit decision last year setting out the standard for such cases.
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January 21, 2026
Whole Foods Can't Escape Workers' Tobacco Fee Suit
A Texas federal judge refused to toss a proposed class action against Whole Foods from employee health plan participants who challenged a surcharge on workers who used tobacco, ruling allegations should proceed to discovery that the fees violated multiple provisions of federal benefits law.
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January 20, 2026
Childhood Vax Recs, 'Skinny Label' Case And More In Court
Law360 Healthcare Authority looks at a challenge by the American Academy of Pediatrics to recent changes in federal childhood vaccine recommendations, a patent case set for U.S. Supreme Court review concerning "skinny labels" on generic drugs and other significant litigation developments impacting the healthcare industry this week.
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January 20, 2026
Law360 Names Firms Of The Year
Eight law firms have earned spots as Law360's Firms of the Year, with 48 Practice Group of the Year awards among them, achieving milestones such as high-profile litigation wins at the U.S. Supreme Court and 11-figure merger deals.
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January 20, 2026
NC Doctor Cites 6th Circ. In Bid For New Medicare Fraud Trial
A North Carolina doctor who was convicted of participating in an $11 million Medicare fraud has asked a federal court for a new trial, pointing to a recent Sixth Circuit decision that overturned the conviction of another doctor involved in the same scheme.
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January 20, 2026
NY Judge Orders SD To Pause Action Against Abortion Ads
A New York federal judge has temporarily barred South Dakota officials from taking action against an abortion rights group that launched an advertising campaign in the state promoting its website, which explains how to order abortion medication online.
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January 20, 2026
'Battery' Led To $32M Yale Hospital Verdict, Parents Say
A Connecticut mother and father have urged a state superior court judge not to rethink a $32 million bench trial verdict against Yale University and its affiliated Yale New Haven Hospital surrounding the death of a premature baby fed a diet fortified with a cow's milk product.
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January 20, 2026
NJ Sues Nursing Home Owners Over Missing Medicaid Funds
The New Jersey Office of the State Comptroller has demanded the owners of two Garden State nursing homes repay millions in Medicaid funds the office recently found they diverted to themselves while neglecting their facilities' residents, according to a complaint filed Monday.
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January 20, 2026
California Insurance Mandates Equal Access To IVF
California became the nation's most populous state to mandate in vitro fertilization coverage for large group insurance plans. Health advocates say the new law's inclusive definition of "infertility" ensures greater access.
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January 20, 2026
Justices Say State Med Mal Laws Don't Apply In Federal Court
The U.S. Supreme Court on Tuesday ruled that a Delaware medical malpractice statute clashes with federal rules of procedure and is therefore unenforceable in federal court, saying the state law unfairly asks for evidence early on in a case.
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January 20, 2026
Justices Ax 6th Circ. Abortion Order Amid Loper Bright Outcry
The U.S. Supreme Court on Tuesday erased a Sixth Circuit decision allowing abortion-related conditions on family planning grants, a victory for Tennessee officials who accused the circuit of flouting the high court's landmark rejection of judicial deference to regulators.
Expert Analysis
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When AI Denies, Insurance Bad Faith Claims May Follow
Two recent rulings from Minnesota and Kentucky federal courts signal that past statements about claims-handling practices may leave insurers using artificial intelligence programs in claims administration vulnerable to suits alleging bad faith and unfair trade practices, say attorneys at Cozen O'Connor.
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Health Insurance Kickback Cases Signal Greater Gov't Focus
A series of recent indictments by federal prosecutors in California suggests that the Eliminating Kickbacks in Recovery Act is gaining momentum as an enforcement tool against illegal inducement of patient referrals in the realm of commercial health insurance, say attorneys at BakerHostetler.
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FDA Transparency Plans Raise Investor Disclosure Red Flags
The U.S. Food and Drug Administration’s recently announced intent to publish complete response letters for unapproved drugs and devices implicates certain investor disclosure requirements under securities laws, making it necessary for life sciences and biotech companies to adopt robust controls going forward, say attorneys at Arnold & Porter.
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With Obligor Ruling, Ohio Justices Calm Lending Waters
A recent decision by the Ohio Supreme Court, affirming a fundamental principle that lenders have no duty to disclose material risks to obligors, provides clarity for commercial lending practices in Ohio and beyond, and offers a reminder of the risks presented by guarantee arrangements, says Carrie Brosius at Vorys.
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Federal AI Action Plan Marks A Shift For Health And Bio Fields
The Trump administration's recent artificial intelligence action plan significantly expands federal commitments across biomedical agencies, defining a pivotal moment for attorneys and others involved in research collaborations, managing regulatory compliance and AI-related intellectual property, says Mehrin Masud-Elias at Arnold & Porter.
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Preparing For DEA Rescheduling Of 2 Research Chemicals
A recent decision to allow the U.S. Drug Enforcement Administration to reclassify two research psychedelics in Schedule I under the Controlled Substances Act may pose significant barriers to scientific study, including stringent registration requirements, heightened security protocols and burdensome reporting obligations, say Kimberly Chew at Husch Blackwell and Jackie von Salm at Psilera.
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9th Circ.'s Kickback Ruling Strengthens A Prosecutorial Tool
The Ninth Circuit's decision last month in U.S. v. Schena, interpreting the Eliminating Kickbacks in Recovery Act to prohibit kickback conduct between the principal and individuals who do not directly interact with patients, serves as a wake-up call to the booming clinical laboratory testing industry, say attorneys at Kendall Brill.
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Fla. Misses Opportunity To Rectify Wrongful Death Damages
Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.
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A Shifting Trend In FDA Form 483 Disclosure Obligations
A New York federal court's Checkpoint Therapeutics decision extends a recent streak of dismissals of securities class actions alleging that pharmaceutical companies failed to disclose U.S. Food and Drug Administration Form 483 inspection reports, providing critical guidance for companies during the FDA approval process, say attorneys at Alston & Bird.
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The Future Of Lab-Test Regs After FDA Rescinds Rule
The U.S. Food and Drug Administration recently rescinded its laboratory-developed tests rule in response to a Texas federal court decision this spring, reinforcing a separation of authority between the FDA and the Centers for Medicare & Medicaid Services, and calling into question the FDA's role in overseeing such tests without congressional action, say attorneys at Venable.
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Unpacking Ore. Law's Limits On PE Healthcare Investment
A recent Oregon law imposes significant restrictions on nonphysicians owning or controlling medical practices, but newly enacted amendments provide some additional flexibility in certain ownership arrangements without scuttling the law's intent of addressing concerns about the rise of private equity investment in healthcare, say attorneys at Debevoise.
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Criminal Healthcare Fraud Takeaways From 4th Circ. Reversal
After the Fourth Circuit reversed a doctor’s postconviction acquittal in U.S. v. Elfenbein last month, defense attorneys should consider three strategies when handling complex criminal healthcare matters, says Jonathan Porter at Husch Blackwell.
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AG Watch: Texas Embraces The MAHA Movement
Attorneys at Kelley Drye examine Texas Attorney General Ken Paxton's actions related to the federal Make America Healthy Again movement, and how these actions hinge on representations or omissions by the target companies as opposed to specific analyses of the potential health risks.