1st Circ. Suggests It May Resurrect AdTech Wiretap Case

By Carolyn Muyskens

A panel of the First Circuit appeared receptive Monday to reinstating federal wiretap claims leveled against a Massachusetts healthcare system over its use of online tracking tools, despite arguments that such a ruling could cripple the industry amid an influx of similar cases nationwide.

Read full article » | Save to favorites »

Mich. Jury Awards $307M To Ex-Inmate Over Denied Surgery

By Y. Peter Kang

A Michigan federal jury has awarded more than $300 million in a suit accusing a prison healthcare provider of refusing to approve a now former inmate's surgery, which forced him to defecate uncontrollably into a bag fastened to his stomach for more than two years.

Verdict attached | Read full article » | Save to favorites »

Paperwork Lapse Led To 'Horrific' Family Slayings, Jury Told

By P.J. D'Annunzio

Counsel for slain family members of a mentally ill man who murdered them after being discharged from a psychiatric ward asked a Philadelphia jury on Monday to impose a "substantial" verdict against a healthcare management company for allegedly not submitting paperwork that would have stopped him from buying a gun.

Read full article » | Save to favorites »

Q&A

Cleary FCA Task Force Head On Enforcement Trends To Watch

By Phillip Bantz

Former U.S. Attorney for the Eastern District of New York Breon Peace, who now leads a False Claims Act task force at Cleary Gottlieb Steen & Hamilton LLP, is predicting a continued surge in enforcement as the Trump administration wields the law in new ways.

Read full article » | Save to favorites »

Mass. Justices Hint Insurer Owes Defense In Doc's Discipline

By Julie Manganis

An allegation that a Massachusetts doctor prescribed addictive medications to manipulate a patient into a sexual relationship could be enough to trigger a malpractice insurer's duty to defend him in a disciplinary proceeding launched years later over other alleged misconduct, justices on the state's highest court hinted Monday.

Read full article » | Save to favorites »

Canvassing Claims Are Moot After Definition Is Nixed, Fla. Says

By Jonathan Capriel

Florida state officials are asking a federal judge to trim a lawsuit seeking to upend a state law imposing residency and citizenship restrictions on paid canvassers affiliated with some sponsors and supporters of ballot initiatives, saying the underlying law has been changed.

2 documents attached | Read full article » | Save to favorites »

Feds Seek To Enforce Trans Healthcare Orders During Appeal

By Patrick Hoff

The Trump administration has asked the Fourth Circuit to let it enforce executive orders that ban federal funding for gender-affirming care for patients under age 19 while its appeal of a nationwide injunction is pending, arguing it's likely to succeed in its bid to overturn the trial court's order.

Motion attached | Read full article » | Save to favorites »

RFK Jr. Tweaks HHS Vaccine Policy Panel Membership Criteria

By Lauren Berg

U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr. is making changes to a key federal vaccine advisory panel's charter, according to a renewal notice the agency published Monday, after a Massachusetts federal judge last month declared Kennedy's committee picks "appear distinctly unqualified."

Notice attached | Read full article » | Save to favorites »

3rd Circ. Backs Sentence Enhancement In $2M COVID Fraud

By Elizabeth Daley

A man who was sentenced to more than 12 years in prison for defrauding pandemic-era safety-net programs of more than $2 million cannot challenge his sentence, a Third Circuit panel has ruled, finding he was a ringleader and thus qualified for a sentencing enhancement.

Opinion attached | Read full article » | Save to favorites »

Florida Insurance Co. To Plead Guilty In $102.7M ACA Fraud

By Rae Ann Varona

A Florida insurance company will plead guilty to defrauding the federal government out of more than $100 million in federal subsidies by targeting unhoused and other vulnerable people for enrollment in Affordable Care Act plans they did not qualify for, according to a notice filed Monday in Florida federal court.

2 documents attached | Read full article » | Save to favorites »

9th Circ. Panel Finds Insurer Owed Defense To Wash. Provider

By Gianna Ferrarin

An Allied World unit unreasonably declined to defend a Washington behavioral health network in a lawsuit alleging sexual misconduct by an employee, a Ninth Circuit panel held Monday, partially reversing a summary judgment win for the insurer.

Opinion attached | Read full article » | Save to favorites »

Justices To Mull Courts' Authority To Hear Vets' Benefits Suits

By Madeline Lyskawa

The U.S. Supreme Court on Monday agreed to review a U.S. Army veteran's suit challenging the limit on disability benefits available to him as someone convicted of a felony and sentenced to a lengthy prison term, after the Eleventh Circuit dismissed his claims.

2 documents attached | Read full article » | Save to favorites »

UMiami Can't Dodge Demoted Surgeon's Sex, Race Bias Suit

By Grace Elletson

A Florida federal judge said Monday that the University of Miami can't fully escape a Latina surgeon's discrimination suit claiming she was demoted for reporting that her male colleagues were paid more, ruling she backed the core of her allegations with enough detail to keep her case in court.

Order attached | Read full article » | Save to favorites »

Biz Groups Urge 4th Circ. To End Allergan Overcharge Suit

By Tom Lotshaw

Major pharmaceutical and business associations urged the Fourth Circuit to reconsider a panel decision that revived a whistleblower lawsuit accusing an Allergan Sales LLC predecessor of overcharging Medicaid, warning it threatens to become a road map for False Claims Act abuses.

Brief attached | Read full article » | Save to favorites »

Anthem Owes $2.1M For No Surprises Act Awards, Court Told

By Hope Patti

Two medical providers said Anthem Blue Cross and Blue Shield owes them a combined $2.1 million for medically necessary services rendered to its insured members, telling a Colorado state court that the carrier is wrongfully withholding payment despite losing multiple federal arbitration proceedings.

2 documents attached | Read full article » | Save to favorites »

NJ Pharmacy Co. Sued Over Nursing Home Data Exposure

By Carla Baranauckas

A New Jersey pharmacy for long-term care facilities is facing a proposed nationwide class action alleging it failed to safeguard highly sensitive patient information later accessed by cybercriminals, according to a complaint filed in federal court.

Complaint attached | Read full article » | Save to favorites »

Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court's docket this past week featured a mix of high-profile corporate disputes, insider trading allegations, contract fights and significant rulings shaping fiduciary duty and deal litigation.

Read full article » | Save to favorites »

Pfizer Failed To Warn Of Depo-Provera Cancer Risk, Suit Says

By Kelcey Caulder

A Georgia woman who alleged she developed a brain tumor after taking the contraceptive drug Depo-Provera sued Pfizer in federal court, claiming the company failed to warn American patients about the danger even though it does so on warning labels in the European Union.

Complaint attached | Read full article » | Save to favorites »

Full Fed. Circ. Urged To Course Correct On Design Patent Test

By Dani Kass

The full Federal Circuit needs to return design patent infringement to a similarities-focused test, rather than one looking at differences between designs, massage device-maker Range of Motion Products LLC said in a bid to revive its suit against Armaid Co.

Petition attached | Read full article » | Save to favorites »

Ore. Clinic Stuck With Privacy Suit Over LinkedIn Data Sharing

By Allison Grande

An Oregon federal judge has refused to throw out a putative class action accusing a fertility clinic of deploying tracking technology that illegally transmitted its website visitors' protected health information to LinkedIn for advertising purposes, finding that the plaintiff had adequately alleged that these disclosures violated federal health privacy law.

Opinion attached | Read full article » | Save to favorites »

Cooley, Wilson Sonsini Steer Neurocrine's $2.9B Soleno Buy

By Al Barbarino

Neurocrine Biosciences has agreed to acquire biotechnology company Soleno Therapeutics for about $2.9 billion in cash, in a deal advised by Cooley LLP and Wilson Sonsini Goodrich & Rosati PC, the companies said on Monday. 

Read full article » | Save to favorites »

4 Firms Guide Healthcare REIT's Early IPO Steps

By Grace Dixon

National Healthcare Properties filed Monday for an initial public offering in which the healthcare real estate investment trust preliminarily estimated it could raise $100 million, advised by Paul Weiss Rifkind Wharton & Garrison LLP and two other firms.

Read full article » | Save to favorites »

WilmerHale Adds Regulatory Atty From Mayer Brown In DC

By Christine DeRosa

WilmerHale announced Monday it has hired a veteran U.S. Food and Drug Administration and life sciences regulatory attorney from Mayer Brown LLP.

Read full article » | Save to favorites »

A Check-Up On HHS' Push To Implement AI Infrastructure

The U.S. Department of Health and Human Services has made some headway in its efforts to implement artificial intelligence across its agencies, but will have to overcome a number of near-term tests in order to be successful, says Theodore Thompson at Stinson.

Read full article » | Save to favorites »

Why MDLs Slow Down — And How To Speed Them Up

Multidistrict litigation has become central to mass tort practice, but as MDLs grow in size and complexity, so do delays and costs — so tools like the new federal rule governing MDLs, targeted use of special masters and strategically deployed Lone Pine orders are more essential than ever, say attorneys at Ice Miller.

Read full article » | Save to favorites »

Exploring When Fraud Asset Freezes Limit Right To Pick Atty

The defendant’s claim in the Seventh Circuit’s pending U.S. v. Shah case that the government restrained his assets until he couldn’t afford his chosen counsel presents a useful case study in how criminal forfeiture procedure interacts with U.S. Supreme Court rulings on Sixth Amendment rights and appealing complex fraud convictions, says Elisha Kobre at Sheppard.

Read full article » | Save to favorites »

What A Court Doc Audit Reveals About Erroneous Filings

My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

Read full article » | Save to favorites »

Pregnant DLA Piper Atty Recounts Firing: 'This Feels Wrong'

By Pete Brush

A former associate who claims DLA Piper unlawfully fired her after she announced she was pregnant told a Manhattan federal jury Tuesday that she got positive feedback as she worked with large corporate clients and was "shocked" when she was terminated.

Read full article » | Save to favorites »

5 Firms Advise On Gilead's Up To $5B Tubulis Acquisition

By Al Barbarino

Gilead Sciences Inc. said Tuesday it has agreed to acquire German clinical-stage cancer biotechnology company Tubulis for up to $5 billion, in a deal steered by five law firms.

Read full article » | Save to favorites »

Audio

Approach The Bench: Judge Robinson On Community Court

By Cara Bayles and Steven Trader

Judge Devin Robinson's courtroom at the Red Hook Community Justice Center looks and feels very different from the courthouse archetype.

Read full article » | Save to favorites »

Kirkland Adds DLA Piper Gov't Contracts Attys In Texas, DC

By Lynn LaRowe

Kirkland & Ellis LLP announced Tuesday that it has strengthened its government contracts practice group with an Austin, Texas-based partner and a Washington, D.C.-based associate who both came aboard from DLA Piper.

Read full article » | Save to favorites »

Calif. Lawmakers Advance Bill To Curtail PE Role In Litigation

By Emily Sawicki

A California bill to ban corporate investors from influencing litigation strategy is heading to the state Senate, backed by bipartisan support from the Assembly.

Read full article » | Save to favorites »

Goodwin Grows Restructuring Team In New York And Boston

By James Boyle

Goodwin Procter LLP has grown its financial restructuring practice with the addition of attorneys in the New York and Boston offices with more than 40 years' combined experience at WilmerHale.

Read full article » | Save to favorites »

Blanche Says Only Trump Knows Why Bondi's Leaving DOJ

By Courtney Bublé

Todd Blanche said on Tuesday he is now acting attorney general and no one, beyond the president, knows why Pam Bondi is out and he is in.

Memorandum attached | Read full article » | Save to favorites »

DOJ Pushes To End Former Immigration Judge's Bias Suit

By Jake Maher

The U.S. Department of Justice moved to dismiss a former Ohio immigration judge's discrimination suit in D.C. federal court this week, calling the complaint "heavy on conclusory statements and speculation and light on allegations of fact."

Motion attached | Read full article » | Save to favorites »

States, DC Back NY AG James In DOJ Probe Appeal

By Emily Sawicki

Backed by amici including the attorneys general of 20 states and the District of Columbia, New York Attorney General Leticia James is fighting the U.S. Department of Justice's bid to reopen an investigation into her office launched by a federal prosecutor found to have been serving unlawfully.

4 documents attached | Read full article » | Save to favorites »

Judge Who Quit Bench Amid Ethics Probe Hired By Fani Willis

By Chart Riggall

A Georgia trial court judge who resigned this year before facing the prospect of removal from the bench over a range of misconduct charges has been hired by Fulton County District Attorney Fani Willis, a spokesperson for Willis confirmed Tuesday.

Read full article » | Save to favorites »

Texas Panel Keeps Ex-GC's Suit Over Unpaid Bonuses Alive

By José Luis Martínez

A Texas appeals court on Tuesday kept in play a suit by a dairy equipment manufacturer's former general counsel over unpaid bonuses, holding that updated anti-SLAPP rules applied to newly added claims in the suit and that the company failed to meet procedural requirements in trying to dismiss them.

Opinion attached | Read full article » | Save to favorites »