Health

  • July 21, 2026

    DC Circ. Affirms HHS Authority Over 340B Rebate Plans

    The D.C. Circuit on Tuesday upheld a lower court's finding that U.S. Department of Health and Human Services has the authority to block or approve drugmakers' efforts to implement rebates instead of discounts under the 340B drug-pricing program.

  • July 21, 2026

    Economist Concedes Opioid Stats' Limits In Albertsons Trial

    Despite testifying that Albertsons pharmacy records suggest some opioids dispensed in Washington state had "red flags" for potential diversion from legitimate use, an economist for the Evergreen State conceded Tuesday that he can't point to "even a single pill dispensed by Albertsons" that was actually improperly diverted. 

  • July 21, 2026

    Air Ambulance Co. Fights To Keep 'No Surprises' Suit Alive

    An air ambulance service looking to collect unpaid transport bills from Blue Cross Blue Shield's parent company argued Tuesday that its lawsuit should proceed because court enforcement is its only hope for combating the insurer's practice of ignoring the No Surprises Act's otherwise tight payment deadlines.

  • July 21, 2026

    7th Circ. Backs UChicago, TIAA In Spousal Pension Fight

    The Seventh Circuit backed a Wisconsin federal court's decision to hand the University of Chicago and its pension plan manager TIAA an early win in a dispute over a deceased worker's spousal pension benefits, and declined to certify a question about power of attorney authority to the Wisconsin Supreme Court.

  • July 21, 2026

    Full Fed. Circ. Won't Review Apple's ITC Loss Against Masimo

    The full slate of Federal Circuit judges will not reconsider a panel's determination that Apple has infringed Masimo Corp.'s blood oxygen monitor patents in a high-profile case that led to some Apple Watch imports being banned.

  • July 21, 2026

    Chamber Asks 2nd Circ. To Back Toss Of Pepsi Smoking Suit

    A New York federal judge rightly tossed allegations that Pepsi violated federal benefits law by making employees who smoke pay more for health insurance, the nation's largest business lobby argued in an amicus brief, urging the Second Circuit to affirm dismissal of the suit.

  • July 21, 2026

    Class Cert. In Avandia MDL Undone For Lacking Stats

    The Third Circuit undid class certification for a group of health plans claiming GlaxoSmithKline deceptively marketed its diabetes drug Avandia, with a panel majority ruling Tuesday the plans needed stronger statistical analysis to show links between the marketing, the revelation of side effects and a drop in sales.

  • July 21, 2026

    FCC Aims For Changes To Rural Healthcare Program

    The Federal Communications Commission will consider a plan next month to let rural healthcare providers use previously approved rates in a telehealth program without needing to file new paperwork to justify costs.

  • July 21, 2026

    States Dispute Drugmakers' Bid To Toss GLP-1 Antitrust Case

    The attorneys general of Texas and Louisiana pushed back on Tuesday against a bid from Novo Nordisk and Eli Lilly to duck a specialty pharmacy's antitrust case accusing the companies of blocking competition for GLP-1 medications.

  • July 21, 2026

    Humana 401(k) Forfeiture Suit Will Wait For 6th Circ. Appeal

    A proposed class action against health insurance provider Humana alleging the company misallocated millions from employee 401(k) forfeitures was paused by a Kentucky federal judge on Tuesday to wait for the outcome of a similar suit against regional grocery giant Meijer currently awaiting a ruling in the Sixth Circuit.

  • July 21, 2026

    Sidley Conflicted In Genesis Adversary Suit, Investor Says

    A Genesis Healthcare shareholder accused of manipulating the company into a deal that cost it $50 million has asked a Texas bankruptcy judge to disqualify Sidley Austin LLP from representing Genesis in an adversary lawsuit, alleging the law firm advised the nursing home operator on a transaction connected to the suit.

  • July 21, 2026

    Imaging Co. Faces Consolidated Data Breach Cases In NC

    A North Carolina federal judge consolidated three proposed class actions against diagnostic imaging provider Lumexa Imaging Inc. over an alleged patient data breach earlier this year, tapping attorneys from Kopelowitz Ostrow PA and Milberg PLLC to serve as interim co-lead counsel.

  • July 21, 2026

    Medical Pot Dispensary Can't Halt NLRB Union Firing Case

    A Utah federal judge has refused to block a National Labor Relations Board case accusing a medical marijuana dispensary of firing four union supporters, ruling that the dispensary's injunction request was barred since the case stemmed from a labor dispute.

  • July 21, 2026

    Hospitals Say Saul Ewing Atty's Board Role Taints FCA Suit

    A Saul Ewing LLP attorney should be disqualified from leading a whistleblower suit over a nurse's alleged diversion of prescription narcotics, as the former Heritage Valley Health System in western Pennsylvania said he was previously a member of its board of directors.

  • July 21, 2026

    CMS Withholds $1B In Medicaid From Calif., Minn., Citing Fraud

    The Centers for Medicare & Medicaid Services is withholding more than $1 billion in Medicaid dollars from California and Minnesota because the agency suspects healthcare fraud in those states, officials announced Tuesday.

  • July 21, 2026

    DC Circ. Says NLRB 'Successor Bar' Conflicts With Labor Law

    A split D.C. Circuit panel said Tuesday that the National Labor Relations Board's practice of insulating unions from removal after businesses change hands defies federal labor law, applying a landmark 2024 U.S. Supreme Court ruling that scaled back courts' deference to federal agencies.

  • July 20, 2026

    Albertsons Data Suggests Opioids Were Diverted, Expert Says

    Albertsons pharmacies in Washington state received considerably more opioid medications from distributors between 2009 and 2015 than the company reported dispensing — a sign of potential diversion, according to an expert witness who testified Monday at a bench trial in Washington's lawsuit accusing the chain of exacerbating the state's opioid crisis.

  • July 20, 2026

    More Urban Hospitals Challenge HHS Medicare Wage Index

    Dozens of urban-area hospitals have filed another suit over the Health and Human Services wage index methodology for Medicare reimbursements, claiming the calculation was flawed between 2019 and 2023 and they are owed "prompt" payment to remediate the incorrect calculations.

  • July 20, 2026

    Apple Can't Get Judge To Toss Masimo's $634M Patent Verdict

    Apple has lost its bid to dodge a jury's finding that it owes $634 million for infringing a Masimo Corp. patent after a California federal judge rejected the tech giant's challenge to how the court construed a key term and its bid for a new trial.

  • July 20, 2026

    Comcast Faces ERISA Suit Over Employee Tobacco Surcharge

    Comcast Corp. violated federal benefits law by charging employees who use tobacco an extra fee without spelling out alternatives like smoking-cessation programs and making full refunds available to workers who complete them, a worker says in a proposed class action in Pennsylvania federal court.

  • July 20, 2026

    SD Judge Blocks Abortion Ad Ban Against Atty, Nonprofit

    A South Dakota federal judge barred the state from enforcing an abortion advertising ban against a reproductive health education nonprofit and an attorney, ruling that doing so would likely violate the First Amendment.

  • July 20, 2026

    Latham, Cooley Steer $1.5B Tempus Cancer Testing Deal

    Chicago-based Tempus AI said Monday it has agreed to acquire cancer diagnostics company Personalis in a deal with an enterprise value of about $1.5 billion, with Latham & Watkins LLP and Cooley LLP advising, respectively.

  • July 20, 2026

    Vanda's NDA Rejection Challenge Can't Be Heard At DC Court

    A D.C. federal judge has said he no longer has jurisdiction to hear Vanda Pharmaceuticals Inc.'s challenge alleging the FDA violated the Appointments Clause by allowing a non-officer to exercise "signatory authority" and reject its new drug application for tradipitant, since Vanda went to the D.C. Circuit raising the same argument already.

  • July 20, 2026

    3rd Circ. Deems ADA Claims Untimely, Flags Misquotes

    A Pennsylvania hospital employee disclosed her diabetes too late and did not clearly ask for accommodation before she was fired for sleeping on the job, a Third Circuit panel ruled Monday, additionally sanctioning her attorney for filing a minor motion that possibly contained artificial intelligence hallucinations.

  • July 20, 2026

    Insurers Urge Stay In Fla. Atty's Malicious Prosecution Suit

    Health insurers including Aetna and UnitedHealth Group are urging a Florida federal court to pause discovery in an attorney's malicious prosecution suit pending a decision on the insurers' motions to dismiss, saying they expect the case to be tossed or significantly trimmed.

Expert Analysis

  • Class Actions At The Circuit Courts: April Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from three recent rulings involving allegations of racial discrimination in mortgage applications, health insurance networks and actual cash value losses.

  • Fraud Enforcement, Sentencing Face Unusual Convergence

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    The Trump administration’s newly created task force to eliminate fraud and the U.S. Sentencing Commission’s recent proposals to scale back certain elements of the federal sentencing framework seem to point in opposite directions, creating a collision of policy priorities that may reshape how fraud cases are charged, negotiated and sentenced for years to come, says David Tarras at Tarras Defense.

  • Peptide Policy Is Shifting Toward Sanctioned Compounding

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    The policy landscape for peptides is undergoing a significant shift under the Trump administration, moving toward a complex system of verified compounding and complementary enforcement that will likely bring peptides firmly back into the sphere of legitimate consumer products, say attorneys at Sheppard.

  • Keys To Building Defensible Psychedelic Therapy Programs

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    Given the rapidly evolving legal environment for psychedelic therapies and heightened liability and compliance risks facing providers, meticulous documentation, robust risk management protocols, and proactive engagement with professional organizations and insurers are essential strategies, say Kimberly Chew at Husch Blackwell and L. Alison McInnes at Mindful Health Solutions.

  • Opinion

    State Bars Need To Get Specific About AI Confidentiality

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    Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.

  • Trump Order Signals Tougher Benefits Fraud Probes

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    A recent order from President Donald Trump establishing a federal taskforce for addressing fraud in federally funded benefit programs emphasizes interagency information sharing, potentially affecting a broad range of areas including government contracts, administrative law considerations and False Claims Act cases, say attorneys at Morgan Lewis.

  • Opinion

    Judicial Restraint Anchors Constitutional Order

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    Contrasting opinions in two recent U.S. Supreme Court rulings — Trump v. CASA and Bost v. Illinois State Board of Elections — demonstrate how the judiciary’s constitutionally entrusted role can easily be preserved or disrupted, and invite renewed attention to the enduring importance of judicial restraint, says Ninth Circuit Judge J. Clifford Wallace.

  • The Evolution Of States' Workplace Violence Prevention Laws

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    Utah's new law requiring hospitals to implement comprehensive workplace violence reporting systems continues a broader trend of state efforts to expand workplace protections in the absence of sufficient federal regulations, say attorneys at Ogletree.

  • Series

    Alpine Skiing Makes Me A Better Lawyer

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    Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

  • Weighing The Practical Implications Of SC Kids' Privacy Law

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    South Carolina's recently enacted Age-Appropriate Code Design Act includes a unique provision: a private right of action for certain violations, but its practical effect remains uncertain, as courts and litigants grapple with complex questions of standing, causation and the definition of actionable harm, say attorneys at K&L Gates.

  • FDA Guidance May Move Goalposts For Form 483 Responses

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    New draft guidance from the U.S. Food and Drug Administration provides formal insight on how drug manufacturers are expected to respond to Form 483s, raising some concerns about the agency's timelines and expectations, say attorneys at Cooley.

  • 2 Strands Of Patent Law In High Court's 'Skinny Label' Case

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    Amarin v. Hikma, which is set for oral argument in the U.S. Supreme Court this month, highlights the distinction between two different strands of intellectual property law — analogizing a patent to either a property deed or a home, says Jonas McDavit at Spencer West.

  • Telehealth Suit May Redraw Rules For Physician Classification

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    A new class action in California federal court, Cioppettini v. Mochi Medical, alleging a telehealth company misclassified providers as independent contractors, suggests that traditional markers of physician independence may not apply to telehealth, say attorneys at Reed Smith.

  • Legal Theories In Social Media Verdicts Hold Clues On Impact

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    Although the two verdicts in cases in New Mexico and California involving Meta and Google are being lumped together, they rest on fundamentally different legal theories, and that distinction determines how their effects may be felt in other jurisdictions, says Mark Morgan at Day Pitney.

  • Senior Housing Demands A Distinct Dealmaking Playbook

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    An aging population and evolving state regulations underscore a critical reality that senior housing assets can undergo operational or compliance shifts during dealmaking, highlighting the need for unique contractual safeguards like expanded disclosures, anchored notice obligations, and targeted closing conditions and remedies, say attorneys at Goodwin.

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