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Health
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November 04, 2024
DOD Trans Healthcare Denial Discriminates, Judge Rules
A Maine federal judge ruled Monday that the U.S. Department of Defense's denial of healthcare coverage for two transgender women's gender-confirmation surgeries violates the Fifth Amendment's equal protection clause, finding that the way the department applied a statutory exclusion discriminated based on sex and transgender status.
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November 04, 2024
Whistleblowers Win Cut Of Medical Kickback Settlement
Three whistleblowers who tipped off the federal government to a medical device company's multimillion-dollar kickback scheme are entitled to a cut of the $3 million in False Claims Act settlements paid by surgeons who admitted participating in the sham consulting ploy, a Boston federal judge ruled Monday.
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November 04, 2024
Sanctions Lessened Against Testing Co. That 'Duped' Judge
A California federal judge Monday lessened sanctions imposed on Natera Inc. in a false advertising case first brought by rival Guardant Health Inc., allowing some clinical cancer study evidence to be presented at a trial starting Tuesday despite his earlier finding that Natera's expert and counsel had "duped" the court.
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November 04, 2024
With Lawsuit Pending, Nebraskans To Vote On Medical Pot
A pair of initiatives to legalize medical marijuana in Nebraska and regulate its sale will appear on the ballot on Election Day, but a pending legal challenge whose trial concluded Monday means it is unclear whether the initiatives will take effect even if they do get voter approval.
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November 04, 2024
Del. Judge To Approve Avante Ch. 11 Financing
A Delaware bankruptcy judge Monday agreed to approve debtor-in-possession financing for Jordan Health, the corporate parent of medical equipment service provider Avante Health, after the debtor and DIP lender struck a deal with the official committee of unsecured creditors.
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November 04, 2024
Debt Collectors Sue Over CFPB's Guidance On Medical Debt
A debt collection trade group has sued the Consumer Financial Protection Bureau in Washington, D.C., federal court to overturn recent guidance that warned collectors about seeking payment on potentially inflated or unverified medical bills, slamming it as an "overtly political" end-run around proper rulemaking.
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November 04, 2024
Cigna Scores $7.3M Verdict Against Fla. Drug Testing Labs
A Connecticut federal jury on Monday handed Cigna Health and Life Insurance Co. a victory against three Florida boutique drug testing laboratories, finding the labs unjustly billed nearly $7.3 million for tests on substance abuse patients that the insurer declared medically unnecessary.
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November 04, 2024
NY AG Seeks Contempt For Anti-Abortion Org's 'Interference'
Counsel for the New York attorney general asked a federal judge Monday to hold an anti-abortion group in contempt for allegedly seeking to interfere with women's access to clinics despite an injunction, prompting questions about the limits of an advocate's civil rights.
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November 04, 2024
VA Accused Of Choosing 'Pass-Through' Co. For $257M Deal
A veteran-owned small business has challenged a $256.8 million U.S. Department of Veterans Affairs telehealth program support contract, saying the VA wrongly chose a small business joint venture that effectively served as a pass-through for a larger company.
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November 04, 2024
Yale Gets 2nd Circ. Win In COVID Test Reimbursement Row
A Connecticut medical practice can't sue Yale University under federal legislation enacted during the COVID-19 pandemic to recover the $1.1 million it said it incurred while providing COVID testing to university health plan members, the Second Circuit ruled Monday, finding no private cause of action existed.
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November 04, 2024
McKesson Inks $450K DOL Deal Following Hiring Bias Probe
The U.S. Department of Labor announced Monday that McKesson Medical-Surgical Inc. has agreed to pay nearly $450,000 to resolve the agency's claims that it gave hiring preferences to Asian job applicants over Black, Hispanic and white job hopefuls.
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November 04, 2024
MultiPlan Judge Raises Eyebrows At Attys' Biz Flight Billing
Counsel leading multidistrict litigation over Multiplan's pricing tools quickly revised their plans Monday for attorneys who take longer flights for the case, after an Illinois federal judge questioned why certain travelers received special treatment "arguably on the class's dime."
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November 04, 2024
Hospital Can't Undo Widow's $5M Win Over Husband's Suicide
An Illinois state appeals court won't upend a $5 million verdict awarded to a widow against a Cook County hospital in a suit over her husband's death by suicide, finding that the widow's expert testimony was enough for a jury to conclude that the doctor's negligence led to the death.
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November 04, 2024
Rehab Sued Over Staffer's Alleged Relationship With Patient
The father of a patient at a Newport Academy treatment center is alleging in federal court that one of the facility's care coordinators engaged in an inappropriate relationship while his son was a minor in the residential treatment program.
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November 04, 2024
Walgreens To Pay $100M In Suit Alleging Inflated Drug Prices
Walgreens has agreed to hand over $100 million to settle claims from consumers and unions that it unlawfully overcharged insured consumers for prescription drugs while allowing members of its cost savings club to pay less, according to an Illinois federal court filing.
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November 04, 2024
NJ Health System Hits Ch. 11 With Plans To Restructure Debt
A New Jersey nonprofit that operates three hospitals filed for Chapter 11 in Delaware, saying it faced increased operating costs after COVID-19 and hopes to restructure its debt.
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November 01, 2024
COVID Death Suit Not Barred By PREP Act, 11th Circ. Affirms
A split Eleventh Circuit affirmed a lower court's decision Thursday to remand to state court a lawsuit over a nursing home resident's COVID-19 death, finding preemption may cover a defendant sued for following federal public health emergency guidelines, but not when, as in the instant case, the guidelines were allegedly unheeded.
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November 01, 2024
Elevance Says Flawed Medicare Rating System Cost It $375M
Elevance Health Inc. has hit the Biden administration with a $375 million lawsuit in Texas federal court after the government slashed star ratings for its Medicare Advantage and Part D health plan contracts in the latest of multiple lawsuits by insurance companies challenging the government's rating system.
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November 01, 2024
Suit Says Nursing Home Let Resident Fatally Fall Down Stairs
A Pittsburgh-area nursing home failed to recognize the high level of supervision needed for a resident prone to wandering off, and left her alone long enough that she rolled her wheelchair down a flight of stairs and died, her family said in a lawsuit filed in Pennsylvania state court.
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November 01, 2024
Construction Co. Must Face 'COVID Building' Fall Suit
An Indiana appeals court has reinstated a suit against a construction company blaming it for causing a woman's injuries after she tripped on a brace that had been left after the construction of a temporary "COVID building" next to a hospital's emergency room, saying the woman's injuries were foreseeable.
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November 01, 2024
Colo. To Boost Services To End Feds' ADA Discrimination Suit
Colorado has agreed to implement new housing and support practices to ensure adults with physical disabilities have adequate help to leave nursing facilities and receive services in their own homes, as part of a settlement announced Friday to end a U.S. Department of Justice lawsuit.
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November 01, 2024
Health Data Co. Urges 4th Circ. To Keep Access Open
Nursing home data analytics company Real Time Medical Systems urged the Fourth Circuit on Friday to keep in place an order that stops electronic medical records company PointClickCare from using unsolvable captcha prompts to block access to patient records.
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November 01, 2024
Medisca Inks $22M FCA Deal Over Ingredient Pricing Scheme
Pharmaceutical chemical supplier Medisca Inc. has agreed to pay $21.75 million to resolve allegations it created false and inflated average wholesale prices for ingredients used in compound prescriptions sold to pharmacies that increased reimbursement and caused federal healthcare programs to pay more for them, the U.S. Department of Justice announced on Friday.
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November 01, 2024
UChicago Must Face Student's Disability Discrimination Claim
A University of Chicago medical student who was dismissed for creating a fake email account to send an instructor evaluations can pursue his claim that the university illegally tied his multiple mental and physical disabilities to his dismissal, but he must drop his claim that the university failed to accommodate those disabilities, an Illinois federal judge said Thursday.
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November 01, 2024
4 Appellate Arguments Benefits Attys Should Watch In Nov.
The Second Circuit will weigh battles over retirement plan fees and union benefit contributions, teachers will ask the Ninth Circuit to revive their suit over interest they say is owed on their retirement accounts and the Eleventh Circuit will mull a constitutional challenge to a Florida gender-affirming care ban. Here are four upcoming arguments that benefits lawyers should have on their radar.
Expert Analysis
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5 Ways Life Sciences Cos. Can Manage Insider Trading Risk
In light of two high-profile insider trading jury decisions against life sciences executives this year, public companies in the sector should revise their policies to account for regulators' new and more expansive theories of liability, says Amy Walsh at Orrick.
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Strategies To Defend Against Healthcare Nuclear Verdicts
The healthcare industry is increasingly the target of megaclaims, particularly those alleging medical malpractice, but attorneys representing providers can use a few tools to push back on flimsy litigation and reduce the likelihood of a nuclear verdict, says LaMar Jost at Wheeler Trigg.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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What Drug Cos. Must Know About NY Price Transparency Law
Drug manufacturers must understand the contours of New York's recently implemented law requiring self-reporting of drug price increases, as well as best practices for compliance and challenges against similar laws in other states, say Elizabeth Bierut and Angie Garcia at Friedman Kaplan.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Whistleblowers Must Note 5 Key Differences Of DOJ Program
The U.S. Department of Justice’s recently unveiled whistleblower awards program diverges in key ways from similar programs at other agencies, and individuals must weigh these differences and look first to programs with stronger, proven protections before blowing the whistle, say Stephen Kohn and Geoff Schweller at Kohn Kohn.
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The Licensure Landscape For Psychedelics Manufacturers
As the need for bulk manufacturing of psychedelic substances grows, organizations aiming to support clinical trials or become commercial suppliers must navigate a rigorous and multifaceted journey to obtaining a license from the U.S. Drug Enforcement Administration, say Kimberly Chew at Husch Blackwell and Jaime Dwight at Promega Corp.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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What FCA Cases May Look Like In The Age Of Generative AI
Generative artificial intelligence raises unique considerations both in the context of potentially leading to False Claims Act cases and in the discovery and litigation phases of these lawsuits, says attorney Rachel Rose.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.