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November 12, 2024
GOP Reps. Propose Another Bill On TRIPS Waivers
A new bill from Republicans in the U.S. House of Representatives seeks to force the Office of the U.S. Trade Representative to file a report "before the negotiation of any international agreement relating to an intellectual property right."
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November 12, 2024
University Of Washington Scores Worker Vax Suit Dismissal
A Washington federal judge has thrown out a lawsuit by a group of healthcare workers who alleged the University of Washington denied their religious exemptions from a COVID-19 vaccination requirement, saying the university was justified in firing the workers to prevent patients and employees from being exposed to the virus.
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November 12, 2024
Unsatisfied With $70M UTC Win, Sandoz Appeals To 3rd Circ.
Sandoz Inc. has moved to appeal its already $70 million-plus breach of contract damages win over biopharmaceutical firm United Therapeutics Corp., teeing up a Third Circuit request to ask for more damages and to revive antitrust claims previously tossed by a New Jersey federal court.
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November 12, 2024
Two Ga. Companies Hit With Data Breach Class Actions
Two Georgia companies were sued in federal court on Friday over their alleged failure to safeguard the personally identifiable information of thousands in data breaches that occurred earlier this year.
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November 12, 2024
NLRB Constitutionality Arguments Meet Skeptical 2nd Circ.
The Second Circuit was skeptical Tuesday of a nursing home's arguments that a National Labor Relations Board case against it should be blocked because of constitutional issues with the agency's judges, with an appellate panel questioning whether the company showed it is harmed by the alleged defects.
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November 12, 2024
Cardinal Health, Endeavor Group Top Veterans Day M&A Deals
While banks and federal offices were closed on Monday for Veterans Day, some companies were busy at work announcing various M&A transactions, including Cardinal Health's plan to pay a total of $3.9 billion to acquire two separate companies and Endeavor Group's sale of OpenBet and IMG Arena for $450 million.
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November 12, 2024
Ga. Health Board Fired Worker For Reporting Bias, Suit Says
The Fulton County Board of Health has been sued in Georgia federal court by a white former employee who alleges she was suspended from her job and then fired for reporting racial discrimination.
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November 12, 2024
Consultant In $213M 'Maya' Trial Says Atty Ducked Bill
A trial consultant company that helped the attorney for the family of Maya Kowalski, the girl at the heart of the Netflix documentary "Take Care of Maya," win a $213 million judgment against Johns Hopkins All Children's Hospital Inc. is now suing the Kowalskis' attorney for allegedly failing to pay his bill.
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November 12, 2024
Thompson Coburn Hit With Suit Over Healthcare Data Breach
Thompson Coburn LLP was hit with a proposed class action Tuesday in Missouri federal court alleging the firm did not do enough to safeguard data provided to a healthcare provider client, resulting in a data breach that compromised individuals' personal information.
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November 12, 2024
DOJ Suing To Block UnitedHealth Unit's $3.3B Amedisys Deal
The U.S. Department of Justice and four U.S. states filed a lawsuit Tuesday seeking to block UnitedHealth Group's Optum unit from going through with its planned $3.3 billion purchase of Amedisys Inc., arguing the deal will harm competition in the home health and hospice services.
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November 12, 2024
MVP: O'Melveny's Benjamin Singer
Benjamin D. Singer of O'Melveny & Myers LLP helped stave off a criminal prosecution against HealthSun Health Plans Inc. and successfully defended other clients in notable False Claims Act litigation, earning him a spot as a 2024 Law360 Healthcare MVP.
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November 12, 2024
Justices Deny Nurse's Challenge To Labor Preemption
The U.S. Supreme Court turned away a California nurse's challenge to a state court decision rejecting an unfair firing suit Tuesday, declining to take another pass at what sort of labor-related suits plaintiffs may bring in court.
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November 12, 2024
Prison Healthcare Co. Wellpath Hits Ch. 11 With Sale Plans
Prison healthcare provider Wellpath has filed for Chapter 11 protection in a Texas bankruptcy court, saying it has an agreement with the majority of its secured lenders for a sale plan that will trim $500 million of its more than $644 million in funded debt.
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November 08, 2024
NJ Ethics Board Escapes Contempt Bid In Retaliation Fight
A New Jersey judge Friday denied a former state health official's bid to hold a Garden State ethics agency in contempt over stalled discovery in his wrongful termination suit, ruling there was no basis for the court to conclude there was any type of willful conduct to not comply with a discovery order.
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November 08, 2024
Tort Report: Royal Caribbean Spycam Victim Seeks Class Suit
A proposed class action over Royal Caribbean Cruises Ltd.'s alleged failures regarding an employee's surreptitious installation of cameras in passengers' cabins and a D.C. Circuit ruling on a gun magazine ban lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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November 08, 2024
Iowa Justices Scotch Record $97M Baby Brain Damage Award
The Iowa Supreme Court on Friday wiped away the largest medical malpractice verdict in state history after finding that the $97 million award was invalid because the trial judge flubbed the admission of certain evidence regarding a vacuum baby delivery system in a suit over a newborn's permanent brain damage.
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November 08, 2024
5 Ways Trump's Election Could Change Employee Benefits
Donald Trump's election to a second term as president has attorneys preparing for potentially significant changes to tax, investment and health policy that could directly affect the administration of employee benefit plans.
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November 08, 2024
Cigna Agrees To End Behavioral Health Underpayment Suit
Cigna and a billing contractor have agreed to resolve claims that they violated federal benefits law by colluding to underpay out-of-network claims for substance use disorder treatments, according to a filing in California federal court.
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November 08, 2024
3rd Texas Doc Sued For Providing Kids Gender-Affirming Care
Texas Attorney General Ken Paxton announced a third lawsuit against a doctor who has allegedly provided gender transition services to 15 North Texas minors in violation of state law, calling the Dallas doctor a "scofflaw" who is "harming the health and safety of Texas children."
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November 08, 2024
9th Circ. Doubts Weight Loss Doc's Fraud Conviction Appeal
A Ninth Circuit panel appeared skeptical Friday of a former Hollywood doctor's bid to undo his conviction for conning insurance companies into covering his famous 1-800-GET-THIN lap-band weight loss surgeries, with one appellate judge saying there was "overwhelming" evidence that the physician directed subordinates to falsify sleep studies.
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November 08, 2024
Connecticut City Settles Health Administrator's Firing Suit
A Connecticut city has agreed to settle a federal lawsuit brought by a former healthcare administrator who said her immediate termination by hand-delivered letter violated her constitutional rights because she did not receive notice or an opportunity for a hearing.
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November 08, 2024
Conn. AG Building Abortion Rights 'Firewall' With Firms' Help
Connecticut's Democratic attorney general has joined a multistate partnership with a pro-choice nonprofit and law firms including Silver Golub & Teitell LLP and Koskoff Koskoff & Bieder PC as part of what he described Friday as a "firewall" to protect abortion access during a second Trump administration.
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November 08, 2024
Astrana Health Acquires Prospect Health In $745M Deal
Healthcare company Astrana Health Inc., advised by Russ August & Kabat LLP, on Friday announced plans to buy integrated care delivery system Prospect Health System, led by Sheppard Mullin Richter & Hampton LLP, in a $745 million deal meant to ensure that health care remains local and personalized for patients across four states.
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November 07, 2024
Man Gets 2 Yrs. For Illegally Accessing Ginsburg's Health Info
A former healthcare industry worker who was accused of illegally accessing U.S. Supreme Court Justice Ruth Bader Ginsburg's healthcare records and posting them online was sentenced Thursday in Virginia federal court to two years in prison, the U.S. Department of Justice said.
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November 07, 2024
Teva Fails To Convince Judge Inhaler Patents Require Drug
Five patents for an inhaler made by Teva Pharmaceuticals Industries Ltd. don't require an active drug's presence in the device, a New Jersey federal judge has ruled, agreeing with Amneal Pharmaceuticals Inc.'s interpretation of claim language in the brand-name drugmaker's infringement suit against Amneal, a generic pharmaceutical firm.
Expert Analysis
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Takeaways From State Votes On Abortion In The 2024 Election
Attorneys at Epstein Becker discuss how 10 states voted on ballot initiatives to either protect or restrict access to abortion in the 2024 general election, and analyze overarching trends.
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Loper Bright Offers New Materiality Defense To FCA Liability
The U.S. Supreme Court's decision in Loper Bight Enterprises v. Raimondo, ending Chevron deference, may have created a new defense to False Claims Act liability by providing the opportunity to argue that a given regulation is not material to the government's payment decision, says Tanner Cook at Husch Blackwell.
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How Expanded Birth Control Coverage May Affect Employers
Employers should consider the potential impact of recently proposed regulations that would expand group health plans' required coverage of preventive services and contraceptives, including questions about how the agencies would implement their plans to eliminate the prescription requirement and alter the exceptions process, says Jennifer Rigterink at Proskauer.
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Legislation Most Likely To Pass In Lame Duck Session
As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Opinion
Preserving The FCA Is Crucial In Trump's 2nd Term
While the Trump administration may pursue weaker False Claims Act enforcement, it remains an essential tool in safeguarding public funds and maintaining corporate accountability, so now is not the time to undermine ethical behavior, or reduce protections and incentives for whistleblowers, says Adam Pollock at Pollock Cohen.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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How Property Insurance Coverage Shrank After The Pandemic
Insurers litigating property claims are leveraging rulings that provided relief in the COVID-19 context to reverse the former majority rule on physical loss or damage in all contexts, say attorneys at Reed Smith.
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Curious Case Of FTC's Amicus Brief In Teva Fed. Circ. Appeal
Attorneys at BCLP explore the Federal Trade Commission's backing of Amneal's Orange Book-delisting efforts on Teva ahead of a key Federal Circuit hearing in a case between the two pharmaceutical companies, and wonder if the FTC amicus brief indicates a future trend, especially in the next administration.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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Recent Developments In Insurance Coverage For FCA Claims
As the U.S. Department of Justice continues its vigorous False Claims Act enforcement, companies looking to their insurers to help defray the costs of an investigation or settlement should note recent decisions on which types of policies cover FCA claims, which policy periods apply and which portions of FCA-related losses are covered, say attorneys at Covington.
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Opinion
PREVAIL Bill Is Another Misguided Attempt To Restrict PTAB
The decade-long campaign against the U.S. Patent and Trademark Office's Patent Trial and Appeal Board — currently focused on the PREVAIL Act that's slated for markup in the Senate — is not really about procedural issues, and it is not aimed at securing more accurate patentability decisions, says Clear IP's Joseph Matal, former acting director at the USPTO.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.