Albertsons Can't Nix 14 Years Of Opioid Claims At Wash. Trial

By Ben Adlin

Albertsons and Safeway can't dodge 14 years' worth of claims in Washington state's lawsuit accusing the grocery stores' pharmacies of irresponsibly dispensing prescription opioids and fueling the state's overdose crisis, according to a Seattle judge's ruling Wednesday striking the companies' statute-of-limitations defense.

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

Judge Keeps New Medicaid 'Frailty' Proof Rule In Place

By Julie Manganis

A Massachusetts federal judge late Wednesday declined to block the government from requiring medically frail Medicaid recipients to prove they are significantly impaired to avoid a new requirement that they engage in 80 hours of work or volunteering per month or attend school part-time.

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

Mich. Justices Overrule Longtime Med Mal Filing Rule

By Melanie Dorsey

The Michigan Supreme Court on Wednesday overturned a 20-year-old precedent that had barred many wrongful death medical malpractice lawsuits, ruling personal representatives may use the state's medical malpractice tolling statute to extend the time for filing claims after serving a required notice of intent to sue. 

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

Covidien Hid Mesh Risks, Bellwether Jury Told As Trial Ends

By Carolyn Muyskens

Counsel for an Alabama man told a Massachusetts federal jury Thursday that Covidien LP failed to adequately warn doctors about the risks of complications from a hernia mesh implant, closing out the first bellwether trial among thousands of cases pending against the Medtronic unit.

Read full article » | Save to favorites »

4th Circ. Urged To Keep Trump Trans Health Orders Blocked

By Gianna Ferrarin

A group of transgender individuals and advocacy groups urged the Fourth Circuit to uphold a nationwide injunction they won against Trump administration executive orders banning federal funding of gender-affirming care for individuals under the age of 19.

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

CBP Outlines Rates, Classifications For Pharma Tariffs

By Dylan Moroses

U.S. pharmaceutical giants aren't expected to face various tariff rates up to 100% on certain imported patented drugs and ingredients beginning Friday, but all importers must begin to classify their goods that will eventually be subject to the duties, according to customs guidance published Thursday.

1 document attached | Read full article » | Save to favorites »

2nd Circ. Revives Decongestant 'Maximum Strength' Claims

By Mike Curley

The Second Circuit on Thursday revived claims in multidistrict litigation alleging makers of oral decongestants misled consumers by labeling their products as "maximum strength," while finding the bulk of the remaining claims were preempted by federal regulation.

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

Planned Parenthood Sues Feds For Politicized Grant Priorities

By Gina Kim

Planned Parenthood has sued the Trump administration in D.C. federal court over changes to Title X grant funding rules related to family planning, arguing applicants are forced to "align" with the administration's political priorities disfavoring contraceptives and targeting transgender patients when regulations require offering services in a nondiscriminatory fashion.

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

Fifth Third Beats $2.1M Wire Fraud Suit Over UCC Pleading

By Susan Smiley

A Michigan federal judge on Thursday tossed a $2.1 million wire fraud suit brought against Fifth Third Bank by nonprofit mental health services provider Hegira Health, ruling the plaintiff failed to state a valid claim under the Uniform Commercial Code.

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

O'Reilly Auto Parts Can't Dodge Tobacco Surcharge Suit

By Patrick Hoff

O'Reilly Automotive Inc. must face a former employee's lawsuit alleging he was unlawfully charged hundreds of dollars more per year for health insurance because he used tobacco, with a Missouri federal judge ruling Thursday that his claims were detailed enough to stay in court.

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

Wells Fargo Can't Collect $4M 'Stranger' Policy, 8th Circ. Says

By Danielle Ferguson

The Eighth Circuit on Thursday upheld a ruling that an insurer does not have to pay out a $4 million life insurance policy to Wells Fargo Bank NA, finding the policy taken out on the now-deceased man was void because it was obtained through a scheme meant to benefit investors.

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

Health Plans Ask 2nd Circ. To Revive Celgene Cancer Drug Row

By Bryan Koenig

Health plans and pharmacies backed by Cigna are asking the Second Circuit to revive a proposed class action alleging Bristol-Myers Squibb Co. and its Celgene subsidiary fraudulently obtained patents, filed sham lawsuits and paid off generic-drug makers to maintain a monopoly on the blockbuster blood cancer drug Pomalyst.

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

Brief

Conn. Bans Most In-Cell Restraints To Settle Prison Lawsuit

By Aaron Keller

Connecticut's prisons on Sept. 1 will stop using separate restraints on inmates locked in holding cells, the state's corrections commissioner announced Thursday, settling a lawsuit by disability rights advocates who said the state was inappropriately using shackles to deal with mental illness symptoms.

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

Deals Rumor Mill

Curium, Sazerac And Stripe Pursue Megadeals, And More

By Al Barbarino

Reports of potential multibillion-dollar deals were plentiful this week, with U.S. alcohol producer Sazerac steadfast in its $15 billion pursuit of the maker of Jack Daniel's; Curium reportedly in advanced talks to acquire fellow radiopharmaceutical firm Lantheus Holdings Inc. for up to $8 billion; and Nvidia, Stripe and Devon Energy all linked to sizable strategic bets of their own.

Read full article » | Save to favorites »

Opinion

States Should Reconsider Forced PBM Divestiture Laws

State legislatures are attempting to enact policies intended to force pharmacy benefit managers to divest from pharmacies, but these laws would have the practical effect of reducing patient access and competition, potentially violating the U.S. Constitution in the process, says former Utah Attorney General John Swallow.

Read full article » | Save to favorites »

11th Circ. Opioid Appeal May Shift Public Nuisance Coverage

The Eleventh Circuit's recent ruling certifying to the Florida and Georgia Supreme Courts the question of whether insurers must provide coverage against suits claiming policyholders improperly distributed opioids may ultimately result in a counterbalance to the Delaware line of cases denying coverage for government opioid suits, say attorneys at Pillsbury.

Read full article » | Save to favorites »

Series

Teaching SEC Investigations Makes Me A Better Lawyer

Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

Read full article » | Save to favorites »

Advocacy Group Says Law Firm Fellowship Program Biased

By Patrick Hoff

A legal advocacy group said Thursday it had lodged U.S. Equal Employment Opportunity Commission charges against a nonprofit and law firms including Jones Day, White & Case and Morgan Lewis, claiming Muslim and Middle Eastern students were getting unlawful preference in a fellowship program.

1 document attached | Read full article » | Save to favorites »

ABA Eyes Nixing School DEI Standards To Sway Trump Admin

By Emma Cueto

The American Bar Association is poised next week to eliminate the first of multiple diversity-related law school standards, a controversial move that it hopes will allow it to remain an accreditor despite an uncertain outcome in the face of a Trump administration increasingly wary of the association's role in legal education.

Read full article » | Save to favorites »

WilmerHale Sued Over Accidental Client Data Disclosure

By Andrea Keckley

A proposed federal class action filed Wednesday accuses WilmerHale of failing to protect clients' personal information after an employee allegedly disclosed sensitive data, including Social Security numbers, to an unauthorized person who misrepresented their identity back in May.

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

2 Traders Admit Guilt In Stolen BigLaw Info Scheme

By Chris Villani

Two men pled guilty Thursday in Massachusetts federal court to their roles in a sweeping scheme to trade on inside information stolen from huge corporate law firms about upcoming deals.

Read full article » | Save to favorites »

Ill. Atty Sanctioned For AI Slop In Starbucks Bias Suit

By Adrian Cruz

A unanimous Illinois appeals court sanctioned an attorney representing a former Starbucks employee in a workplace discrimination suit after determining that he submitted briefs using false citations and quotations hallucinated by artificial intelligence software.

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

Trump May Renominate Blanche If GOP Holdouts Block Vote

By Courtney Bublé

With Sens. John Cornyn, R-Texas, and Thom Tillis, R-N.C., still on the fence about acting Attorney General Todd Blanche's confirmation to be attorney general, President Donald Trump said Thursday he might renominate Blanche next year when the two senators are no longer serving in the Senate.

Read full article » | Save to favorites »

DA Says Trump's NY Hush Money Conviction Must Stand

By Frank G. Runyeon

New York prosecutors told a state appellate court that President Donald Trump's 34-count felony conviction for falsifying business records is "unaffected" by the U.S. Supreme Court's watershed presidential immunity decision and should be upheld.

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

Judiciary's Bid To Control Courthouses Gets Senate Push

By Courtney Bublé

A bipartisan group of senators introduced a bill on Thursday that would create a pilot program for the federal judiciary to obtain direct authority to maintain its buildings, which the judiciary says is desperately needed.

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

Bronx Legal Aid Organization's Union Rejects New Pay Offer

By Andrea Keckley

The Bronx Defenders' executive director said on Thursday that the union representing the organization's over 300 attorneys and staff has rejected an updated offer on wages, with both sides still at odds over the prospect of separate salary scales for lawyers and social workers.

Read full article » | Save to favorites »