The full Fifth Circuit partially unraveled federal regulations that implemented an arbitration system between insurers and out-of-network providers that Congress established in a 2020 law called the No Surprises Act, holding aspects of how the rules calculated payment amounts for disputed claims were unlawful.
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THURSDAY, AUGUST 13, 2026 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Full 5th Circ. Invalidates Part Of No Surprises Act Rules

By Kellie Mejdrich

The full Fifth Circuit partially unraveled federal regulations that implemented an arbitration system between insurers and out-of-network providers that Congress established in a 2020 law called the No Surprises Act, holding aspects of how the rules calculated payment amounts for disputed claims were unlawful.

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Albertsons Judge Hears Testimony On Rx Opioid, Abuse Link

By Ben Adlin

An "undeniable" causal link exists between excess prescription opioids and problem use of drugs such as heroin and fentanyl, an expert witness testified during a bench trial Wednesday in Washington's lawsuit accusing Albertsons of fueling the state's overdose crisis by irresponsibly dispensing opioids.

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Full 5th Circ. Rejects Planned Parenthood's Immunity Appeal

By Hailey Konnath

The full Fifth Circuit Wednesday tossed an appeal over whether Planned Parenthood is entitled to attorney immunity in a whistleblower suit accusing the organization of improper Medicaid billing, reversing a panel's decision that went in favor of Planned Parenthood.

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CMS Ends Medicaid Funds For Youth Transgender Care

By Mark Payne

Medicaid will no longer cover the cost of some gender-affirming care for minors, including gender reassignment surgery and hormone treatments, the Centers for Medicare and Medicaid Services announced after issuing a final rule set to take effect this year. 

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POLICY & REGULATION

Brief

DOL Association Health Plan Regs Near Finish Line

By Patrick Hoff

The U.S. Department of Labor is a step closer to expanding the definition of "employer" under federal benefits law and allowing businesses to band together to offer health plans that skirt certain Affordable Care Act requirements, after proposed regulations were sent to the White House for review.

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ENFORCEMENT & COMPLIANCE

Feds Enter FCA Suit, Say 3 Health Cos. Overbilled Medicare

By Nadia Dreid

The federal government has intervened in a False Claims Act suit accusing a trio of Colorado healthcare companies of conspiring to file inflated claims for services they never rendered in order to get more money from Medicare and Tricare.

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Compliance Officer's Partner Traded On Deal Info, SEC Says

By Sarah Jarvis

The U.S. Securities and Exchange Commission has accused a Texas man of trading on inside information about an Asahi Kasei acquisition that he allegedly learned from a now-former romantic partner who at the time was a compliance director at an Asahi subsidiary. 

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LITIGATION

9th Circ. Says Aetna Must Face Benefit Misrepresentation Suit

By Grace Elletson

The Ninth Circuit revived allegations that Aetna misrepresented how much it would pay toward a patient's $150,000 surgery, finding that federal benefits law didn't preempt a claim brought under state law because the dispute centered on the payment commitments rather than the health plan itself.

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Texas Medical Board Says AG Can't Get In On Malpractice Suit

By Spencer Brewer

The Texas Medical Board told a state court judge that the Texas Office of the Attorney General could not represent a doctor who tried to treat a COVID-19 patient with ivermectin, saying the office flouted ethics rules by first representing the board and then representing the doctor.

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BakerHostetler Faces Possible RICO Claim From Ex-Client

By Emily Johnson

A trustee who has accused BakerHostetler and an Atlanta-based attorney of legal malpractice has asked a Georgia federal court to allow him to accuse the former de facto general counsel and business adviser of a nonprofit of violating the Georgia RICO Act.

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NJ Panel Says Parents Failed To Give Notice In Death Suit

By Mike Curley

A New Jersey appellate panel on Wednesday affirmed the dismissal of a suit by two parents alleging that a doctor's negligence caused the death of their infant daughter shortly after birth, finding they did not provide a notice of claim once they became aware the doctor was a public employee.

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'Core' Generics Leader Must Face Most AG Price-Fix Claims

By Bryan Koenig

A Connecticut federal judge ruled Wednesday that G&W Laboratories Inc. must face most price-fixing claims from dozens of state attorneys general targeting generic-drug makers, teeing the shuttered company up for trial as one of four companies deemed the "core group of leaders most responsible" for the conspiracy.

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Women Sue Couple Over 'Rent-A-Womb' Surrogacy Scheme

By Gina Kim

Five women have sued an Arcadia, California, couple and their attorneys in state court stemming from an alleged "rent-a-womb" scheme where the women were tricked into becoming surrogates.

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Labor Groups Sue Ed. Dept. Over Student Loan Access Cuts

By Katherine Smith

The AFL-CIO and several unions have filed a complaint in D.C. federal court challenging new federal student loan caps in a U.S. Department of Education rule that narrows the definition for "professional student," claiming that the rule arbitrarily restricts access to federal student loans.

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Brief

DC Physician Group Settles ERISA Plan Mismanagement Suit

By Grace Elletson

A George Washington University-affiliated physician group has agreed to settle a suit claiming it allowed its $345 million retirement plan to be bogged down by underperforming and pricey investment funds, according to a filing Tuesday in D.C. federal court.

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EXPERT ANALYSIS

Brace For Expanding Scrutiny Of Dark Patterns In Healthcare

Recent reporting and regulatory developments highlight growing concern surrounding so-called dark patterns in healthcare — user interface designs that improperly influence consumer decision-making — and represent an important evolution of how healthcare professionals should evaluate consent processes, say attorneys at Clark Hill.

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LEGAL INDUSTRY

Are your summer associates prepared for a legal career?

How does your firm shape the summer associate experience and mentor new talent? Invite your summer associates to share their perspectives in this year’s Law360 Pulse Summer Associates Survey.

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Trial Firm Reid Collins To Award 3rd Set Of Associate Bonuses

By Jake Maher

Texas-based trial boutique Reid Collins & Tsai LLP is planning to dole out a third round of bonuses for the year to associates, raising their total bonus pay to between $130,000 and $170,000 on the year so far, with another round expected later in 2026.

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Aperture Expands Litigation Finance Platform To $1B

By Ryan Boysen

Alternative asset manager Aperture Investors is expanding its litigation finance platform to $1 billion in total investment capacity, mostly deployed as direct loans to plaintiffs firms.

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Deal Reached In Class Action Over Botched Calif. Bar Exam

By Emily Sawicki

A settlement has been reached in a proposed nationwide class action brought by bar applicants against the proctor of the botched February 2025 California bar exam, one month after the California State Bar settled its claims against the proctor.

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Law Grad Says Hofstra Ignored Heart Attack Mid-Bar Exam

By Andrea Keckley

A Fordham University School of Law graduate accused Hofstra University in New York state court of failing to intervene in time when she had a heart attack in the middle of the July 2025 Bar Exam, refusing to stop the test and discouraging her peers from rendering aid.

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$190K Or $1.9M? Goldstein, DOJ 'At Impasse' Over Forfeiture

By Jeff Overley

Tom Goldstein and the U.S. Department of Justice aired dramatically divergent views Wednesday of a looming financial penalty for his fraud convictions, with the famed appellate advocate voicing constitutional objections to the DOJ's request for almost $2 million and revealing that prosecutors spurned a far smaller offer.

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Analysis

DOJ Settlements Perceived As Flouting Litigation Norms

By Britain Eakin

A trend of settlements between the Trump administration and friendly parties in fast-track lawsuits to pursue policy changes has legal experts concerned about the endurance of a longstanding norm that federal courts can only hear genuine disputes between opposing parties.

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Q&A

She Has A Point: Shutts & Bowen's Jodi-Ann Tillman

By Dani Kass

Jodi-Ann Tillman of Shutts & Bowen LLP was brought into patent infringement litigation over drum technology just months before trial, and her performance earned high praise from opposing counsel, Foley & Lardner LLP partner Laura Ganoza.

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Trent McCotter Follows Blanche As DOJ's 2nd-In-Command

By Courtney Bublé

Following confirmation of Todd Blanche as attorney general, U.S. Department of Justice official Trent McCotter is taking his former post as deputy attorney general on a temporary basis.

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Trump, DOJ Say Firing Seattle US Atty Was Within Their Rights

By Emily Sawicki

The White House and the U.S. Department of Justice are fighting a demand for immediate reinstatement brought by Seattle's former top federal prosecutor, who was fired within an hour of a court appointing him to the role, arguing his due process rights were not violated.

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COMPANIES IN TODAY'S NEWS

APC

Aetna Inc.

Affordable Care LLC

Air Methods Corp.

Albertsons Cos. Inc.

American Federation of Labor & Congress of Industrial Organizations

American Federation of Teachers

Amneal Pharmaceuticals Inc.

Aperture Investors LLC

Asahi Glass Co.

Asahi Kasei Corp.

Assicurazioni Generali

Aurobindo Pharma Ltd.

Center for Biological Diversity Inc.

Democracy Forward Foundation

Fordham University

G&W Laboratories Inc.

Gay & Lesbian Advocates & Defenders

George Washington University

Hackensack Meridian Health

Johnson & Johnson

Meta Platforms Inc.

National Nurses United

New York State Bar Association

Perrigo Co. PLC

Pfizer Inc.

Planned Parenthood Federation of America Inc.

Reddit Inc.

Rite Aid Corp.

Safeway Inc.

Sandoz International GmbH

State Bar of California

State Bar of Texas

Sun Pharmaceutical Industries Ltd.

Teva Pharmaceutical Industries Ltd.

Texas Medical Association

The Catholic University of America

The Cigna Group

U.S. Chamber of Commerce

WSP Global Inc.

WSP Holdings Ltd.

LAW FIRMS IN TODAY'S NEWS

Aidala Bertuna

Alston & Bird

Axinn

Bailey Duquette

Baker & Hostetler

Baron & Budd

Boyden Gray

Clark Hill

Cooley LLP

Esbrook PC

Foley & Lardner

Gould Grieco

Greenberg Traurig

HKM Employment Attorneys

Hacker Stephens

Handley Farah

Levin Papantonio

Linley Jones Firm

MacNeill O'Neill

McHugh Fuller

Milbank LLP

Munger Tolles

Novak Druce

O'Melveny & Myers

Ogden Murphy

Otterbourg PC

Polsinelli PC

Potomac Law Group

Powell & Majestro

Reid Collins

Ruprecht Hart

Sauder Schelkopf

Shutts & Bowen

Sidley Austin

Simmons Hanly

Sirianni Youtz

Susman Godfrey

Tycko & Zavareei

Williams & Connolly

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Privacy Protection Agency

Centers for Medicare & Medicaid Services

Employee Benefits Security Administration

Executive Office of the President

Federal Bureau of Investigation

Federal Communications Commission

Federal Trade Commission

Fish and Wildlife Service

Internal Revenue Service

New Jersey Court

New York Supreme Court, New York County

Texas Attorney General's Office

Texas Medical Board

Texas Supreme Court

U.S. Attorney's Office for the District of Colorado

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Department of Education

U.S. Department of Health and Human Services

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of Labor

U.S. Department of the Treasury

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 Connecticut

U.S. District Court for the District of Maryland

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

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

U.S. District Court for the Middle District of Florida

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

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

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

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

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

U.S. Environmental Protection Agency

U.S. Securities and Exchange Commission

U.S. Supreme Court

US Office of Management and Budget

United States District Court for the District of Colorado

United States District Court for the Eastern District of Washington

Washington Attorney General's Office