Policy & Compliance
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April 01, 2026
Novo Nordisk Unit Says Ex-Exec's Poor Work Dooms Bias Suit
By the time she was fired, a finance director of Novo Nordisk unit NNE Inc. had been falling short of company expectations while the pharmaceutical giant was preparing to get a multibillion-dollar drug facility off the ground, NNE's counsel told a North Carolina federal court Wednesday.
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April 01, 2026
11th Circ. Backs Order To Fix Fla. System For Disabled Kids
The Eleventh Circuit upheld an injunction finding Florida's institutionalization of children with complex medical conditions violated the Americans with Disabilities Act, ruling in a split opinion that a lower court mostly didn't abuse its discretion with ordering reforms.
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April 01, 2026
DOL, HHS Must Face Unions' Claims In DOGE Data Suit
The U.S. Departments of Labor and Health and Human Services must continue facing claims that they illegally gave Elon Musk's Department of Government Efficiency access to employee records, as a D.C. federal judge denied the agencies' bid to escape the union-brought allegations before the trial phase.
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April 01, 2026
Harvard Researcher Can Get Docs On Prosecution Motives
A Massachusetts federal judge ruled Wednesday that a Harvard Medical School researcher and Russian national charged with smuggling frog embryo specimens can see emails and other documents regarding the government's decision to prosecute her, citing evidence the case was "vindictive."
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April 01, 2026
NJ Hospital Workers Win Collective Cert. In OT, Break Suit
A New Jersey healthcare network must face overtime claims on a collective basis, a federal judge ruled, saying a former employee adequately backed up allegations that the network had companywide policies under which it automatically deducted time for meal breaks that weren't taken and left bonuses out of overtime calculations.
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April 01, 2026
Sentara Health Strikes $1.5M Deal In Stable Value Fund Suit
Virginia-based healthcare system Sentara Health will pay $1.5 million to settle a class action claiming it failed to remove an underperforming investment fund from its employee retirement plan, according to federal court filings.
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April 01, 2026
PBM Opioid Crisis Suit Stays In Federal Court, Judge Says
A Michigan federal judge on Tuesday denied a request from the state attorney general to remand to state court a suit accusing two pharmacy benefit managers of fueling the opioid crisis, saying the case will remain in federal court because work performed for federal and nonfederal clients cannot be separated.
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March 31, 2026
Split 4th Circ. Affirms Injunction On W.Va. Drug Discount Law
A split Fourth Circuit panel sided with a trio of pharmaceutical manufacturers Tuesday that opposed a West Virginia law addressing drug delivery in the 340B program, saying the law attempted to reshape the "contractual bargain" Congress makes with private parties through its spending powers.
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March 31, 2026
Novartis Seeks To Block New Wash. 340B Drug-Pricing Law
Novartis has called on a Washington federal judge to block a new state law it claims illegally expands the subsidies manufacturers must pay under the federal government's 340B Drug Pricing Program, arguing drugmakers will lose millions of dollars annually if the law is allowed to take effect in June.
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March 31, 2026
Anesthesia Parent Can't Duck Antitrust Suit, But Affiliate Can
The parent company of U.S. Anesthesia Partners Inc. remains in the crosshairs of a private antitrust suit accusing it of trying to monopolize Texas anesthesia services, while a federal judge dismissed for now claims against an affiliate that he said was too far removed from the alleged rollup strategy.
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March 31, 2026
Compound GLP-1s, Anesthesia Prices And More In Court
Law360 Healthcare Authority looks at appellate arguments from compounding pharmacies alleging they were wrongly barred from making their own versions of weight loss drugs, the Federal Trade Commission's suit over an alleged “rollup” of Texas anesthesiology practices, and other significant litigation developments this week.
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March 31, 2026
Medical Center Ousted Worker Over Leg Injury, EEOC Says
A New Mexico medical center illegally fired an employee after failing to find her a new role that would have better accommodated her leg injury that caused lasting damage, according to a suit the U.S. Equal Employment Opportunity Commission filed Tuesday.
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March 31, 2026
Big Insurers Must Face 'Repricing' Antitrust Claims
Major insurance companies including Aetna, Cigna, Humana and UnitedHealth must face claims they conspired to reduce reimbursements to healthcare providers, a Massachusetts federal judge ruled Monday, finding that the doctors' allegations could constitute antitrust violations.
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March 31, 2026
Mich. Judge OKs Bias Training For Healthcare Workers
A Michigan judge has upheld a state requirement that healthcare professionals undergo implicit bias training to obtain or renew their licenses, finding the mandate was within the state licensing bureau's power.
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March 31, 2026
FTC's Probes Of Trans Care Orgs Raise Jurisdiction Concerns
The Federal Trade Commission's demands for information from transgender care organizations may be exceeding the agency's authority to investigate medical nonprofits.
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March 31, 2026
Insurer Says Yale Was 'Misleading' In $4.1M Transplant Claim
A Liberty Mutual unit accused Yale University's health system of making "serious and material misstatements" about a plan member's bone marrow transplant, the insurer said in its answer and counterclaim for a declaratory judgment that it can continue to deny the $4.1 million claim.
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March 31, 2026
Justices Reject Colorado's LGBTQ+ 'Conversion' Ban
The U.S. Supreme Court ruled Tuesday that a Colorado ban on therapy intended to change a minor's sexual orientation or gender identity amounts to viewpoint discrimination against a Christian therapist, a finding that split the court's liberal wing and crossed ideological lines.
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March 30, 2026
Don't Set Special IP Rules For 'Skinny Labels,' Justices Told
Drugmakers, industry groups, hospitals and scholars have urged the U.S. Supreme Court to uphold a decision letting a patent suit proceed over a generic drug using a so-called skinny label, saying the generics company is seeking unwarranted special protections that would upend patent law.
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March 30, 2026
FCA Qui Tams Are Unconstitutional, Eli Lilly Tells Justices
The False Claims Act's whistleblower provisions are unconstitutional, drugmaker Eli Lilly has told the U.S. Supreme Court, asking it to overturn a Seventh Circuit decision upholding a $183 million trial win for a whistleblower who claimed the drug company hid how much it charged for Medicaid-covered drugs.
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March 30, 2026
FTC Says Anesthesia Group Cheered While Raising Prices
The Federal Trade Commission pushed back against a bid from U.S. Anesthesia Partners to avoid facing trial on claims that it monopolized the market through a rollup strategy, saying the company celebrated its ability to dramatically increase prices.
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March 27, 2026
5th Circ. Won't Revive Ex-Health IT Co. Worker's Bias Suit
The Fifth Circuit upheld a healthcare information technology provider's win over a Black former manager's lawsuit claiming she was fired for complaining that a white male colleague was treated better, saying she couldn't overcome the company's rationale for letting her go.
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March 27, 2026
Pa. Health Network's $1.15M 401(k) Suit Deal Gets Final OK
A Pennsylvania federal judge gave the green light to a $1.15 million deal resolving a proposed class action alleging a healthcare system misused workers' forfeited employee retirement plan funds and failed to rein in administrative fees.
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March 27, 2026
Insurer Rips Sanctions Bid In Opioid Coverage Dispute
An insurer asked an Illinois federal court to reject a drug wholesaler's bid for sanctions in a dispute over coverage for underlying opioid litigation, saying the accusations that it intentionally destroyed pertinent evidence are, "at best, based on half-truths and misstatements of fact."
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March 27, 2026
Hospital Escapes Ex-Workers' 401(k) Forfeiture, Fund Suit
A New York federal judge on Friday tossed a proposed class action against a healthcare company alleging mismanagement of an employee 401(k) plan, concluding that ex-workers who sued lacked standing to bring some claims while the remaining allegations weren't sufficiently backed up to state a claim for violating federal benefits law.
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March 26, 2026
Elanco Beats Investor Suit Over Dog Drug's Reg Challenges
A Maryland federal judge Thursday dismissed a proposed securities class action against Elanco Animal Health Inc. that claimed the animal pharmaceuticals company misled investors about the safety of a canine dermatitis treatment it was developing and its timeline for the medication's commercial launch.
As FCA Meets 340B, Geyser Of Qui Tam Suits May Erupt
A Ninth Circuit ruling on the intersection of two of the most contentious laws in healthcare may be a combustible mix that triggers a new wave of fraud litigation.
Utah Hospitals To Track Violence As States Step Up Reporting
Under a new law, Utah hospitals will join a national effort to better understand the risks facing healthcare workers.
The Legal Reasoning That Put RFK's Vax Panel On Ice
The legal reasoning behind a Massachusetts court's decision to freeze major changes to national vaccine policy is simpler than you might expect.
Expert Analysis
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Informal Announcements Are Reshaping FDA Regulations
The U.S. Food and Drug Administration's recent shift toward using press releases, podcasts and other informal channels to announce major policy changes reflects a valid desire to modernize and accelerate regulatory efforts, but it could lead to diminished transparency, increased industry burden and reduced policy durability, says Rachel Turow at Skadden.
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A Shift In Fed. Circ.'s Approach To Patent Summary Judgment
The Federal Circuit's recent decision in Range of Motion v. Armaid may come to be seen as a seminal opinion for potentially exposing and entrenching the Federal Circuit's movement away from its previous framework for identifying obvious noninfringement cases, says Nicholas Nowak at Nowak IP Group.
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DOJ Actions Suggest Expansion Of Healthcare Enforcement
Recent actions by the U.S. Department of Justice and U.S. Food and Drug Administration suggest that federal healthcare enforcement efforts are moving away from traditional program-based fraud and toward cases centered on product integrity, regulatory transparency and telehealth marketing, effectively widening the government's enforcement playbook, say attorneys at MoFo.
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New Orphan Drug Law Provides A Key Fix For Pharma Cos.
The Consolidated Appropriations Act enacted last month restores the U.S. Food and Drug Administration's long-standing interpretation of "same disease or condition," related to orphan drug exclusivity, resolving years of regulatory uncertainty and litigation that have discouraged rare disease research, say attorneys at Spencer Fane.
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FDA User Fee Talks Offer Clues On Upcoming Reforms
As the U.S. Food and Drug Administration undergoes the User Fee Act reauthorization process and renegotiates its user fee agreements over the next several months, the agency's consultation meetings with relevant industries can shed light on the FDA's priorities, and provides stakeholders an opportunity to participate in the reform process, say attorneys at Holland & Knight.
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Changes Coming To The SBIR And STTR Programs
Legislation recently approved by Congress to reauthorize the Small Business Innovation Research and Small Business Technology Transfer Programs includes changes focused on national security that would improve transparency but also increase applicants' administrative burdens, slow the awards process and likely increase litigation, say attorneys at Fluet & Associates.
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FDA Framework For Personalized Therapies Raises Questions
The U.S. Food and Drug Administration's new plausible mechanism framework for developing individualized therapies reflects the agency's focus on rare-disease drugs, but numerous significant, unresolved issues cast uncertainty on how effective the framework will be in practice, say attorneys at Ropes & Gray.
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Scrutiny Of Nursing Home Practices Marks Inflection Point
Recent congressional inquiries into UnitedHealth Group's Medicare Advantage-linked nursing home practices raise questions about whether financial metrics are allowed to influence decisions governed by the standard of care, and could implicate duties imposed by federal regulations, state negligence laws and elder abuse statutes, says Lindsey Gale at Rafferty Domnick.
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7 Steps For Gov't Contractors In Post-IEEPA Tariff Landscape
In response to U.S. Supreme Court's recent decision to strike down tariffs issued by the Trump administration under the International Emergency Economic Powers Act, there are several actions federal contractors should take to preserve their place in any refund waterfall, and to manage audit, overpayment and False Claims Act risk, say attorneys at Holland & Knight.
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CMS Healthcare Enforcement Initiatives May Cause Disruption
The Centers for Medicare & Medicaid Services' recently announced enforcement actions against healthcare fraud mark a significant escalation, and CMS' prior approach in the hospice sector suggests that even compliant providers and suppliers should brace for impact, say attorneys at Morgan Lewis.
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What We Know About DOJ's New FCA Enforcement Priorities
Recent remarks from the leader of the Justice Department’s commercial litigation branch provide key insights on how False Claims Act cases — especially healthcare fraud, trade fraud, antidiscrimination and cybersecurity claims — will be evaluated, prioritized and pursued as heightened enforcement becomes the new normal, say attorneys at Latham.
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How PBMs Can Adapt To Plan Sponsors' Disclosure Demands
As federal reforms, growing state regulation and litigation threats push plan sponsors to expect visibility into revenue streams, pharmacy benefit managers should leverage transparency strategically, including by simplifying how they get paid, offering clients audit-ready data and co-designing contracts that are easy for fiduciaries to explain and defend, says Kristie Blase at Frazer + Blase.
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How To Engage With Gov't's Direct-To-Consumer Drug Policy
The U.S. Department of Health and Human Services' recent request for industry input on manufacturers' direct-to-consumer drug sales reflects the government's caution in this arena, and allows stakeholders a rare opportunity to help shape policy, says Mary Kohler at Kohler Health Law.