State Coalition Can Pursue Challenge To HHS Vax Overhaul

By Gina Kim

A California federal judge allowed a coalition of states to proceed with their challenge to the Trump administration's decision to cut vaccine recommendations for children, ruling Tuesday the states plausibly alleged those decisions could increase costs of running their healthcare programs and burden them with having to adjust their laws. 

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Analysis

MFN Pricing Could Upend Drugmakers' Cross-Border Deals

By Caroline Simson

A new program rolled out by the Trump administration that aims to decrease prescription drug prices in the U.S. has been causing consternation among drug companies, which fear the resulting pricing uncertainty could gut licensing deals that were inked long before the program was even on the horizon.

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Idaho Supreme Court OKs Revised Abortion Ballot Language

By Mark Payne

The Idaho Supreme Court has agreed to revised ballot language for an abortion amendment scheduled to be in front of voters this November. 

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11th Circ. Says ACA Trans Care Rule Fight Is Moot

By Carolina Bolado

The Eleventh Circuit refused to revive a challenge to a gender-affirming care rule from the Biden administration that was later reversed by the Biden administration, concluding that the issue has become moot while the appeal was pending.

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DOL Issues Mental Health Parity Enforcement Guidance

By Kellie Mejdrich

The U.S. Department of Labor's employee benefits arm issued guidance Tuesday on how to comply with federal laws that require employer health plans to produce an analysis of their mental health and substance use disorder coverage, which remains subject to litigation in D.C. federal court.

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Auto Industry Group Gets DOL Green Light For Health Plan

By Patrick Hoff

The U.S. Department of Labor's employee benefits arm said Tuesday that a group of retailers and repair centers associated with Napa Auto Parts is clear to establish a group health plan for its member employers, concluding the arrangement would be covered by federal benefits law.

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Biogen Must Face Pharmacies' MS Drug Monopoly Suit

By Celeste Bott

An Illinois federal judge on Tuesday refused to dismiss Walgreens and Kroger's lawsuit accusing Biogen Inc. of illegally stifling competition for its multiple sclerosis drug Tecfidera, saying they've made sufficient allegations at this point in the case to suggest they've "suffered a concrete injury as a result of Biogen's conduct."

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Biz Groups Ask 8th Circ. To Nix Wells Fargo ERISA Suit

By Grace Elletson

The U.S. Chamber of Commerce and two benefit advocacy groups urged the Eighth Circuit to back the dismissal of a suit claiming Wells Fargo allowed a pharmacy benefit manager to overcharge workers for generic drugs, arguing that employers shouldn't be penalized for general gripes about healthcare costs.

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Contractor Can't Send Arbitration Pact To $162M Wage Class

By Benjamin Morse

A contractor that helps administer a New York state Medicaid program cannot send arbitration agreements to members of a $162 million settlement class in a suit alleging it failed to pay personal assistants accurately or on time, a federal magistrate judge ruled, finding the move could confuse workers about the deal.

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Medical Cannabis Co. Can't Shake Data Breach Claims

By Sam Reisman

An Ohio federal judge Tuesday rejected a bid to dismiss a consolidated class action claiming a company that helps people secure medical marijuana cards failed to protect users' personal data from a cyberbreach.

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PruittHealth Looks To Upend $23.6M Negligence Verdict

By Kelcey Caulder

Georgia healthcare provider PruittHealth urged a state court to set aside a $23.6 million verdict against it in a case alleging a man died after nursing home staff gave him morphine and other drugs that weren't prescribed.

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Medical Pot Co. Can't Block NLRB Labor Case, Union Says

By Katherine Smith

A United Food & Commercial Workers local urged a Utah federal court on Tuesday to toss a medical marijuana dispensary's suit challenging the constitutionality of National Labor Relations Board proceedings lodged against it, claiming the dispensary failed to show it was harmed by the removal protections for agency judges and members.

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Apple Fights Masimo Bid To Add $243M To $634M Patent Win

By Ryan Davis

Apple has pressed a California federal judge to reject Masimo's request for nearly $243 million in interest atop a $634 million patent jury verdict on the Apple Watch's heart rate feature, saying the "staggering" damages are so large that adding more would be an "enormous windfall."

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Brief

$2.3M Nemours Foundation's ERISA Deal Clears 1st Hurdle

By Grace Elletson

A Florida federal judge has granted initial approval to a $2.3 million deal the Nemours Foundation reached with ex-workers who claimed their retirement plan was weighed down by excessive fees, nearly a year after the deal was first rejected by the court.

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Prepping Health Businesses For Sale In A Data-Driven Market

In a thinner market for healthcare transactions, with both regulators and buyers using artificial intelligence to inspect data in great detail, the margin for error in sellers' financials and legal diligence has narrowed, requiring more proactive compliance efforts, says Cody Dumas at FBFK Law.

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Teva MDL Loss Shows DPAs Can Return To Haunt Civil Suits

Teva’s recent partial summary judgment loss in antitrust multidistrict litigation reinforces the importance of carefully scrutinizing any statement of facts a company admits to in a deferred prosecution agreement, and illustrates the potential costs of resolving a criminal investigation this way, say attorneys at Sheppard.

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Justices' Hikma Reasoning May Extend Well Beyond Pharma

The active steps framework announced by the U.S. Supreme Court in its Hikma v. Amarin decision, finding that Amarin failed to plausibly allege inducement of infringement, has the potential to reshape how courts evaluate inducement claims across patent, copyright and other doctrines, say attorneys at BCLP.

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FDA Closeout Letter Suggests Relaxing Stance On Wearables

The U.S. Food and Drug Administration's recent decision not to pursue enforcement action against Whoop's wearable blood pressure tracker, read together with guidance released earlier this year, suggests a softer shift in the FDA's approach to regulating wearables, say attorneys at Arnold & Porter.

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ABA Law School Accrediting Arm Repeals Diversity Standard

By Emma Cueto and Andrea Keckley

The American Bar Association council responsible for law school accreditation voted Tuesday to eliminate its diversity and inclusion standard, the final step in a process that the council hopes will ensure it remains an accreditor recognized by the U.S. Department of Education.

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Ex-DLA Piper Partner Must Face Claim He Raped Associate

By Lynn LaRowe

A Massachusetts state court has ruled it has jurisdiction over an assault and battery claim alleging a former DLA Piper partner raped a former Boston-based associate in Delaware, finding that purported incident was part of "a larger course of conduct encompassing multiple torts across several states, all circling around plaintiff's residence and work in Massachusetts."

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5th Circ. Backs Ax Of $125M Judgment Over Judge Friendship

By Mike Curley

A split Fifth Circuit panel Tuesday affirmed the vacatur of a trial by a magistrate judge that resulted in a $125 million judgment against Port of Lake Charles, finding the district court correctly found that the magistrate judge didn't fully disclose her 40-year, "close, multifaceted, and personal friendship" with IFG Port Holdings LLC's attorney.

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AG Blanche To Speak At GOP Midterm Convention

By Courtney Bublé

Attorney General Todd Blanche will speak at the Republican midterm convention this week in his "personal capacity."

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court this past week saw disputes involving a former NFL star and a $2.5 million solar venture, Morgan Stanley's role in Fox Corp.'s planned $22 billion acquisition of Roku Inc., and JPMorgan Chase & Co.'s effort to pause more than $20 million in legal-fee payments to former Frank executives.

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