DC Judge Strikes Down 340B Drug Discount Registration Rule

By Gianna Ferrarin

The U.S. Health Resources and Services Administration cannot reinstate a pre-pandemic policy requiring covered hospitals' offsite facilities to register with the agency in order to access discounted drugs under the 340B program, a D.C. federal judge ruled.

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5th Circ. Leery Of Tossing Doc's Conviction In $84M Scheme

By Spencer Brewer

A Fifth Circuit panel on Wednesday appeared skeptical that a doctor convicted of fleecing Medicare out of $84 million should get another shot at proving his innocence, pressing counsel for case law backing the doctor's stance that the lower court erred by excluding a defense witness.

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Judge Sets 'Hard Deadline' To Rule On Childhood Vax Policy

By Carolyn Muyskens

A Massachusetts federal judge said Wednesday he will rule within two weeks on a closely watched request to block the Centers for Disease Control and Prevention from paring back the recommended childhood vaccine schedule.

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Colo. Court Weighs Nursing Facility $6.7M Indemnity Ruling

By Rachel Konieczny

A Colorado Court of Appeals panel grappled Wednesday with management service providers' bid for the court to uphold a more than $6.7 million indemnification against the skilled nursing facility operator they contracted with, asking counsel how conspiracy and state fraud claims are separable.

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House Panel Tussles Over Minnesota Medicaid Fraud Claims

By Mark Payne

The public political battle between Minnesota and the federal government over alleged Medicaid fraud in the state continued Wednesday on Capitol Hill, with Republicans and Democrats casting stones at each other after President Donald Trump's administration pulled nearly $260 million in healthcare funding from the state.

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Analysis

Trump's FCA Expansion Plan Heightens Compliance Risk

By Sarah Jarvis

In light of the Trump administration's record False Claims Act enforcement haul, companies should be especially mindful of a planned expansion in the scope of enforcement and the false compliance certification risks that may bring, attorneys say.

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9th Circ. Hesitant To Revive Implant Suit Against Medtronic

By Rachel Riley

A Ninth Circuit panel cast doubt Wednesday on a Washington man's attempt to revive a negligence lawsuit against Medtronic for allegedly not assisting him when his spinal implant malfunctioned, hinting that his failure to find an expert witness to testify the device caused his pain may be fatal to the case.

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NY Bill Would Expand Liability For Chatbot Operators

By Andrea Keckley

A bill in the New York State Senate that would impose liability on the owners and operators of artificial intelligence-powered chatbots that give advice reserved for licensed professionals like lawyers and doctors could reshape how some legal tech entities engage with consumers in the Empire State.

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CVS Beats Antitrust Suit Over 340B Drug Program, For Good

By Gina Kim

CVS Health Corp. permanently defeated a proposed antitrust class action alleging it forced hospitals in a discount drug program to use its third-party administrator for savings, when a Pennsylvania federal judge ruled Tuesday that hospitals aren't required to contract with CVS and can pick Walgreens or other participating pharmacies to contract with.

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Fla. Hospital, EMT Beat Suit Over Unauthorized Trauma Photo

By Mark Payne

A Miami-area hospital and one of its emergency medical technicians didn't intentionally inflict emotional distress or violate the privacy of the father of a gravely injured motorcycle crash patient when an EMT posted a photo of the motorcyclist's injured leg to Instagram, a Florida appeals panel ruled Wednesday. 

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Analysis

Wheeling & Appealing: The Latest Must-Know Appellate Action

By Jeff Overley

If this month's circuit calendars were a March Madness bracket, we'd struggle to pick the top-seeded showdown. Big Pharma against the False Claims Act, or big business against President Donald Trump's visa fees? A big bank's view of "human life wagers," or en banc review in a State Farm class action?

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7th. Circ. Upholds Healthcare Co.'s Win In FMLA Suit

By Benjamin Morse

The Seventh Circuit affirmed a healthcare company's win in a former human resources specialist's Family and Medical Leave Act suit, holding that the health system lawfully terminated her for failing to return to work once her approved leave expired.

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Ill. Health System Can Take Privacy Case To 7th Circ.

By Joyce Hanson

An Illinois federal judge has refused to reconsider his decision to dismiss a privacy suit over tracking tools that purportedly share a health system's private patient information with Meta Platforms Inc., but he ruled the Chicago-area nonprofit can appeal to the Seventh Circuit.

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6th Circ. Backs Tenn. Med School In FMLA Retaliation Suit

By MJ Koo

A former medical resident cannot revive his lawsuit claiming a Tennessee medical school suspended him for taking leave under the Family and Medical Leave Act, the Sixth Circuit ruled this week, finding he failed to show the school's explanation for the discipline was a pretext for retaliation.

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Buyers Finalize $58M Generic-Pricing Deal With 3 Drugmakers

By Matthew Santoni

Purchasers of certain generic drugs asked a Pennsylvania federal court for final approval of settlements worth a total of at least $58 million with Glenmark Pharmaceutical Inc., Greenstone LLC and Pfizer Inc. over claims the companies colluded with others to keep drug prices high.

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Doctor's Firing Dispute Belongs In Arbitration, Fla. Court Says

By Carolina Bolado

A Florida appeals court ruled Wednesday that a trial court erred in denying arbitration in a dispute between a women's healthcare clinic and its co-founder over his termination, finding the arbitration clauses in the employment agreements are not ambiguous.

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Okla. Judge Lets Pot Grower Save Plants Amid Dispute

By Mike Curley

An Oklahoma state judge has allowed a cannabis grower to tend to and preserve its plants while it challenges an order from regulators suspending its operations.

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Medical Pot Co. Can't Escape Guarantor Status In Lease Fight

By Mike Curley

A Puerto Rico federal judge won't let Vireo Health Inc. escape responsibility as guarantor of a lease under which one of its subsidiaries failed to pay a landlord, finding that it can't benefit from its own breach of the contractual terms.

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BakerHostetler Aided Illegal Insurance Scheme, Trustee Says

By Emily Johnson

BakerHostetler, along with one of its Atlanta-based attorneys, is the latest law firm to be accused of legal malpractice related to an illegal scheme that sold health insurance-like products.

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Care Management Co. Accused Of Swiping Software Platform

By Adam Lidgett

The developer of software used in the Medicare treatment arena has sued a customer care management company in Delaware Chancery Court, accusing it of wrongfully using the platform to create a competing application.

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Sandoz Parent Targets Walmart, Southwest Generic Drug Suits

By Bryan Koenig

Sandoz parent company Sandoz AG contested generic drug price-fixing complaints from Southwest Airlines, Walmart, Walgreen and United Healthcare, arguing that the direct action plaintiffs cannot pursue the company in the wider Pennsylvania federal court multidistrict litigation because the Swiss firm is too far removed from its Sandoz Inc. subsidiary.

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Regeneron, Sanofi Didn't Warn About Cancer Risk, Suit Says

By Kelcey Caulder

Regeneron Pharmaceuticals and Sanofi-Aventis were sued Tuesday in Georgia federal court by a woman who said she experienced rapid progression of cutaneous T-cell lymphoma after getting injections of dupilumab, a medication the companies sell as Dupixent as a treatment for inflammation.

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Select Medical's $3.9B Deal Is Latest Insider-Led Buyout

By Al Barbarino

Select Medical Holdings Corp. will be taken private in a $3.9 billion deal led by its executive chair, another senior executive, and the private equity firm Welsh Carson Anderson & Stowe, marking the latest in a series of recent insider-led buyouts.

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Gordon Rees Opens New Offices In North Carolina, Wisconsin

By Tracey Read

Gordon Rees Scully Mansukhani has expanded its reach in the Southeast and Midwest by opening new offices in Charlotte, North Carolina, and Madison, Wisconsin.

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Pros And Cons Of FDA's Push For Nonprescription Drugs

The U.S. Food and Drug Administration's recent moves to shift more prescription drugs to over-the-counter status could increase access to important medications, but also bring potential safety risks and other trade-offs for drug companies, say attorneys at Hogan Lovells.

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Series

Law School's Missed Lessons: In Court, It's About Storytelling

Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.

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OpenAI Practices Law Without A License, Insurer Alleges

By Lauren Berg

OpenAI is practicing law without a license, according to an insurer's lawsuit filed in Illinois federal court that alleges artificial intelligence platform ChatGPT provided faulty legal advice to a woman seeking disability benefits that led to a breached settlement and a flurry of frivolous court filings.

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Analysis

UK Law Sector's Private Equity Boom Offers Lessons For US

By Ryan Boysen

Private equity money is pouring into the U.K. legal sector, fueling a wave of consolidation in consumer-facing practices and offering a glimpse of what it could look like if outside investment in the U.S. legal industry takes off.

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Criminal Contempt Of DOJ Attys Unlikely For Violating Orders

By Jack Karp

Federal judges have been floating the possibility of holding government attorneys in criminal contempt of court for violating immigration-related court orders, a potentially shocking move that scholars say is unlikely and probably less effective than civil contempt orders.

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Lindsey Halligan Faces Fla. Bar Investigation, Watchdog Says

By Lauren Berg

The Florida Bar is investigating Lindsey Halligan, the former interim U.S. attorney for the Eastern District of Virginia who pursued controversial indictments against President Donald Trump's political opponents, according to a letter the Campaign for Accountability made public Thursday.

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Troutman And Former Atty Push To Limit Scope Of Bias Trial

By Jake Maher

Troutman Pepper Hamilton Sanders LLP and a former associate suing the firm for racial discrimination and retaliation this week fought over the role that charged language and calculations of financial damages should play in an upcoming trial.

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Atty's Scheduling Error Dooms Appeal In AT&T Forfeiture Suit

By Patrick Hoff

An AT&T worker can't ask the Ninth Circuit to review the dismissal of his proposed class action claiming the telecommunications company misused forfeited 401(k) funds, with a California federal judge saying his attorney's busy schedule was "one of the least compelling excuses" for filing a late appeal.

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Analysis

A Look At Four States' Tort Reform Legislation Fights

By Y. Peter Kang

There are currently four states debating whether to install business-friendly tort reform legislation or medical malpractice guardrails. The issues include a potentially brutal showdown in California over auto collision litigation and efforts in Florida to expand wrongful death liability for healthcare providers.

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Ex-Judge In Wis. Says ICE Prosecution Theory Has No Limits

By Britain Eakin

A former Wisconsin judge has said the government's case against her for obstructing U.S. Immigration and Customs Enforcement has no limiting principle and wrongly turned her authority to manage her courtroom into a federal felony for impeding ICE.

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Texas, Arkansas, Louisiana Judicial Nominees Advance

By Courtney Bublé

Four judicial nominees advanced out of committee Thursday along party lines, which included two for Texas.

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