The Sixth Circuit on Tuesday ruled that Ohio's lawsuit accusing pharmacy benefit managers of driving up prescription prices through rebate schemes belongs in federal court, saying in an opinion recommended for publication that the suit imposes liability on conduct undertaken at the direction of a federal officer.
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WEDNESDAY, JANUARY 28, 2026 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Ohio PBM Suit Belongs In Federal Court, 6th Circ. Rules

By Rae Ann Varona

The Sixth Circuit on Tuesday ruled that Ohio's lawsuit accusing pharmacy benefit managers of driving up prescription prices through rebate schemes belongs in federal court, saying in an opinion recommended for publication that the suit imposes liability on conduct undertaken at the direction of a federal officer.

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Divisions Emerge At 2nd Circ. Over Reproductive Rights Law

By Mark Payne

A Second Circuit panel appeared split Tuesday on whether an anti-abortion group challenging a New York state law that bars employers from penalizing workers based on their reproductive health decisions has standing to challenge the law as unconstitutional.

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Split 9th Circ. Backs Blue Shield Win In Residential Care Row

By Gianna Ferrarin

A split Ninth Circuit panel on Tuesday held Blue Shield of California did not abuse its discretion in declining to cover an adolescent's stay at a mental health treatment facility, rejecting arguments on appeal that the insurer wrongly went against the recommendations of treating physicians.

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Law360 Seeks Members For Its 2026 Editorial Boards

Law360 is looking for avid readers of our publications to serve as members of our 2026 editorial advisory boards.

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PRACTICE GROUP OF THE YEAR

Healthcare Group Of The Year: Williams & Connolly

By Dan McKay

Williams & Connolly LLP took three False Claims Act cases to trial in three months, won an FCA case that had reached the Supreme Court and defeated antitrust litigation brought by the New York attorney general, earning a spot among the 2025 Law360 Healthcare Groups of the Year.

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POLICY & REGULATION

CBP's Medical Care Oversight Needs Improvement, GAO Says

By Elaine Briseño

A report issued by the U.S. Government Accountability Office found that U.S. Customs and Border Protection sometimes failed to provide proper medical oversight for certain people in its custody, violating its own policies and guidance for medical care.

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ENFORCEMENT & COMPLIANCE

Texas AG Says Nurse Practitioner Is Shipping Abortion Drugs

By Spencer Brewer

The Texas attorney general told a state court that a Delaware-based nurse practitioner and the organization she operates have shipped abortion pills to Texas, saying Tuesday that the defendants have publicly acknowledged that they send abortion pills to the Lone Star State.

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NC Medical Practice Will Pay $8.8M To End False Billing Suit

By Abigail Harrison

Bethany Medical Center PA and its founder have agreed to shell out $8.8 million to settle allegations that they violated state and federal law for years after billing Medicare, Medicaid and Tricare for unnecessary urine drug tests, according to a Tuesday announcement from the North Carolina Attorney General.

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LITIGATION

Mylan's Sanofi Insulin Suit Mostly Survives Dismissal Bid

By Corey Rothauser

A Pennsylvania federal judge Tuesday largely refused to dismiss Mylan Pharmaceuticals' antitrust lawsuit accusing Sanofi of unlawfully maintaining a monopoly in the market for injectable insulin glargine.

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Novo Nordisk Advances Telehealth Co. Ozempic Ripoff Suit

By Rachel Riley

A Washington federal judge refused Monday to toss Novo Nordisk's lawsuit accusing telehealth platform Invigor Medical of falsely advertising Ozempic alternatives, ruling that the drugmaker has shown a "tangible stake" in correcting Invigor's alleged practice of misleading consumers into believing its compounded drugs are equivalent to federally approved medications.

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Medtronic Rival's VP Says Docs Praised Device But Didn't Buy

By Craig Clough

A vice president in charge of sales at Applied Medical testified Tuesday in a California federal trial over his company's antitrust claims against Medtronic, and said the overwhelmingly positive feedback Applied received from surgeons who used its advanced bipolar devices often didn't result in sales. 

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Hearsay Evidence OK Amid $2.5M Med Mal Verdict, Panel Says

By Y. Peter Kang

A Pennsylvania appeals court on Tuesday affirmed a $2.5 million verdict in a medical malpractice suit accusing a doctor of causing a woman's death from a blood clot in her lungs, saying certain hearsay evidence didn't taint the jury's verdict.

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Lasik Provider Can't Shake Wiretap Claims In Tracking Row

By Allison Grande

The operator of a laser eye surgery website must face a proposed class action alleging it illegally shared patients' confidential medical information with Meta, a California federal judge ruled, finding that the plaintiff could continue to press allegations under state and federal wiretap law.

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Ohio Psychiatrist Freed From Patient Wrongful Death Suit

By Mike Curley

An Ohio appeals court on Monday declined to reinstate claims against a psychiatrist alleging he misdiagnosed a patient, leading to his death following a standoff with police, finding he has immunity under state law.

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PEOPLE

Akerman Taps Atlanta Health Atty For Pro Bono Counsel Role

By Madison Arnold

Akerman LLP has turned to one of its healthcare partners to serve in a newly formalized role of pro bono counsel.

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Kelley Drye Adds Ex-23andMe, Facebook Privacy Pros

By Lauren Berg

Kelley Drye & Warren LLP said Monday it is boosting its privacy and information security practice with the addition of a former 23andMe attorney in California and a former Facebook attorney in Texas.

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EXPERT ANALYSIS

Justices' Med Mal Ruling May Spur Huge Shift For Litigators

The U.S. Supreme Court’s recent decision in the medical malpractice suit Berk v. Choy, holding that a Florida procedural requirement does not apply to medical malpractice claims filed in federal court, is likely to encourage eligible parties to file claims in federal court, speed the adjudicatory process and create both opportunities and challenges for litigators, says Thomas Kroeger at Colson Hicks.

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Lessons From EdTech Provider's Data Breach Settlements

Education technology company Illuminate Education's recent settlements with three states and the Federal Trade Commission over state privacy law claims following a student data breach are some of the first of their kind, suggesting a shift in enforcement focus to how companies handle student data and highlighting the potential for coordinated enforcement actions, say attorneys at Wilson Sonsini.

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Ag Bill Wording Presents Existential Threat To Hemp Industry

A proposal in the agriculture appropriations bill for fiscal year 2026, which excludes almost everything synthesized from cannabis from the legal definition of “hemp,” would have catastrophic consequences for thousands of farmers, medical researchers and businesses by banning everything from intoxicating delta-9 THC products to topical CBD creams, says Alissa "Ali" Jubelirer at Benesch.

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Key Sectors, Antitrust Risks In Pricing Algorithm Litigation

Algorithmic pricing lawsuits have proliferated in rental housing, hotels, health insurance and equipment rental industries, and companies should consider emerging risk factors when implementing business strategies this year, say attorneys at Hunton.

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What US Cos. Must Know To Comply With Italy's AI Law

Italy's newly effective artificial intelligence law means U.S. companies operating in Italy or serving Italian customers must now meet EU AI Act obligations as well as Italy-specific requirements, including immediately enforceable criminal penalties, designated national authorities and sector-specific mandates, say attorneys at Portolano Cavallo.

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LEGAL INDUSTRY

Minneapolis Law Firms Give Support To Staff And Community

By Aebra Coe

Minneapolis law firm leaders are looking to support their staffs, embrace their community and continue to offer pro bono legal aid to immigrants in the aftermath of federal agents killing an intensive care unit nurse this past weekend.

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2 Attys Sanctioned For AI Citations In Pa. Copyright Suit Filing

By Matt Perez

A federal judge in Pennsylvania has reprimanded two attorneys in a copyright infringement suit for filing a motion to dismiss that contained at least eight false case citations generated by artificial intelligence.

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Offit Kurman Beats Appeal In $40M Malpractice Suit

By P.J. D'Annunzio

The Pennsylvania Superior Court has ruled that a lower court properly granted summary judgment in favor of Offit Kurman and two of its lawyers in a legal malpractice case.

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Judiciary Panel Gets Earful On Legal Financing, Subpoenas

By Jeff Overley

Plans to overhaul federal rules involving recusal and subpoenas fueled spirited debate Tuesday before a judiciary panel, as prominent lawyers outlined forceful views on transparency in third-party litigation funding as well as relaxed policies for serving court documents and obtaining trial testimony.

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Ill. Judge Removed For Column Stating Pro-Trump Opinions

By Ryan Boysen

A retired Illinois state judge's temporary reappointment to the bench has been canceled after he penned a MAGA-tinged column railing against "draconian Covid lockdowns," "Fauci lies" and "lawfare" against President Donald Trump, which a local bar association called "wildly inappropriate."

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TikTok Cuts Deal As 1st Social Media Bellwether Trial Begins

By Dorothy Atkins

TikTok reached an eleventh-hour settlement late Monday in the first bellwether trial over claims that social media harms young users' mental health, cutting the deal days after Snap settled and leaving Meta and YouTube as the sole defendants as jury selection began Tuesday.

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BigLaw Firms Seek Partial Exec Order Appeal Consolidation

By Emily Sawicki

The four BigLaw firms that sued the White House and Justice Department over executive orders against them related to the clients they represent have asked the D.C. Circuit that the cases be "partially consolidated" amid the government's appeals of its losses, while maintaining the ability to file individual response briefs.

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SEC Blunts Some Shareholder Activists With Policy Reversal

By Sarah Jarvis

The U.S. Securities and Exchange Commission has reversed course on allowing shareholders with less than $5 million in holdings to publicize information about their proxy ballot proposals through the agency, saying it will object to such voluntary submissions going forward.

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Promo that reads 2025 Practice Groups of the Year

COMPANIES IN TODAY'S NEWS

23andMe Inc.

Amazon.com Inc.

American Association for Justice

American Civil Liberties Union

Apple Inc.

Applied Medical Resources Corp.

Blue Shield of California

CVS Health Corp.

Caesars Entertainment Inc.

CoStar Group Inc.

Express Scripts Holding Co.

Exxon Mobil Corp.

Future of Privacy Forum

George Washington University

Georgia State University

Global Logistic Properties Ltd.

Google LLC

Hims & Hers Health Inc.

Instagram Inc.

Johnson & Johnson

Lawyers for Civil Justice

LexisNexis Legal & Professional

LinkedIn Corp.

Medtronic PLC

Meta Platforms Inc.

Microsoft Corp.

New York University

Novo Nordisk A S

Omnicare Inc.

RELX PLC

RealPage Inc.

SAS Institute Inc.

Sanofi

Snap Inc.

Supervalu Inc.

The Capitol Forum

The Veterans of Foreign Wars of the US

Thomas Jefferson University Hospitals Inc.

TikTok Inc.

Viatris Inc.

Wilmington Trust Corp.

Yardi Systems Inc.

YouTube Inc.

LAW FIRMS IN TODAY'S NEWS

Akerman LLP

Ballard Spahr

Beasley Allen

Benesch

Bennett & Williams

Braverman Kaskey

Brooks Pierce

Bursor & Fisher

Clayton Plaza Law Group

Cleary Gottlieb

Clement & Murphy

Colson Hicks

Cooley LLP

Covington & Burling

Dorsey & Whitney

Flannery Georgalis

Foley & Lardner

Frederick M. Lehrer Attorney at Law

Fredrikson & Byron

Gordon Rees

Greenberg Traurig

Hagens Berman

Hangley Aronchick

Hintze Law

Horvitz & Levy

Hunton Andrews

Jenner & Block

Jones Day

Katten Muchin

Kelley Drye

Kiesel Law

King & Spalding

Kirkland & Ellis

Kleinbard LLC

Knobbe Martens

Lamb McErlane

Lanier Law Firm

Lieff Cabraser

Liles Parker

Maynard Nexsen

Merchant & Gould

Miller Nash LLP

Morgan Lewis

Motley Rice

Munger Tolles

Nilan Johnson

O'Melveny & Myers

Offit Kurman

Orrick Herrington

Panish Shea

Perkins Coie

Portolano Cavallo

Redgrave LLP

Reminger Co.

Robins Kaplan

Rule Garza

Sacchetta & Baldino

Stinson LLP

Sullivan & Cromwell

Susman Godfrey

Taft Stettinius

Wagstaff & Cartmell

Wilkinson Stekloff

Williams & Connolly

WilmerHale

Wilson Sonsini

Wyatt & Blake

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Attorney General's Office

California Department of Justice

California Privacy Protection Agency

City of New York

Cook County Circuit Court

European Union

Executive Office of the President

Federal Trade Commission

Food and Drug Administration

Illinois Supreme Court

Internal Revenue Service

Judicial Conference of the United States

New York Attorney General's Office

North Carolina Attorney General's Office

North Carolina Department of Justice

Ohio Attorney General's Office

U.S. Attorney's Office for the Western District of North Carolina

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Customs and Border Protection

U.S. Department of Justice

U.S. Department of Veterans Affairs

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the District of Delaware

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Southern District of California

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Pennsylvania

U.S. District Court for the Western District of Washington

U.S. Drug Enforcement Administration

U.S. Government Accountability Office

U.S. House of Representatives

U.S. Immigration and Customs Enforcement

U.S. Office of Personnel Management

U.S. Securities and Exchange Commission

U.S. Supreme Court

United States District Court for the District of Nevada