Health

  • September 08, 2026

    Biogen Must Face Pharmacies' MS Drug Monopoly Suit

    An Illinois federal judge on Tuesday refused to dismiss Walgreens and Kroger's lawsuit accusing Biogen Inc. of illegally stifling competition for its multiple sclerosis drug Tecfidera, saying they've made sufficient allegations at this point in the case to suggest they've "suffered a concrete injury as a result of Biogen's conduct."

  • September 04, 2026

    Recall Recap: Boston Scientific Pacemakers, Baby Formula

    While the iceberg lettuce cyclospora outbreak and subsequent litigation targeting supplier Taylor Farms Inc. and Taco Bell was the chief news this summer in product recalls, Law360 takes a look back at some of the other suits filed in recent months over recalls that may have slipped under readers' radars.

  • September 04, 2026

    Humana Says $7.3B Roundup Deal Sidelines Health Insurers

    Humana Inc. alleged in New Jersey federal court that Monsanto Co. is attempting to skirt its obligation to reimburse health insurers for medical expenses stemming from exposure to its Roundup product.

  • September 04, 2026

    Vertex Fertility Aid Plan Would Violate Kickback Law

    A D.C. Circuit panel said Friday that a proposed Vertex Pharmaceutical program that would offer gene therapy patients financial support for fertility services violates the Anti-Kickback Statute, finding the initiative could be an unlawful inducement to purchase a certain medical treatment.

  • September 04, 2026

    Injury Law Roundup: Meta's Social Media Addiction Deal

    A $17.1 billion social media addiction settlement between Meta and 29 states and Johnson & Johnson's $5.5 billion ovarian cancer deal over its talc products lead Law360's Injury Law Roundup.

  • September 04, 2026

    9th Circ. Restores Idaho Abortion Ban Enforcement, For Now

    The Ninth Circuit will allow Idaho to fully enforce its abortion ban while the state briefs its request for emergency relief from an order that blocked the ban's application in certain health-related circumstances and declared a fundamental right to some abortions under the U.S. Constitution.

  • September 04, 2026

    Judge Asks Atty To Explain Absences In Nurses' Wage Suit

    A Colorado federal magistrate judge ordered Friday that an attorney for nearly 40 nurses in a wage lawsuit against Colorado-based U.S. Nursing Corp. explain why he has not appeared in the case for months and why the court should not therefore toss the suit.

  • September 04, 2026

    Ill. Panel Affirms BIPA Exemption For Home Care Provider

    An Illinois appellate court has refused to revive a biometric privacy lawsuit against home-care provider Help at Home, finding the company was exempt from a state privacy law's reach as a government contractor when it collected employees' fingerprints for a required background check.

  • September 04, 2026

    Ex-Budget Official Asks To Avoid Prison In Conn. Bribery Case

    Former Connecticut budget official Konstantinos Diamantis asked a federal judge Friday to spare him from a potential decade-plus prison sentence after his conviction for demanding and accepting bribes, citing factors including his advanced age and loss of his law license.

  • September 04, 2026

    McKesson Owns Antitrust Claims, Not Rite Aid, Judge Finds

    A New Jersey bankruptcy judge has ruled that antitrust claims against pharmaceutical companies belong to drug distributor McKesson Corp., not the trustee overseeing Rite Aid's Chapter 11 distributions.

  • September 04, 2026

    ERISA Recap: 5 Appellate Rulings To Know From August

    The Seventh Circuit kept an Arkansas pharmacy benefit manager rule in place as not preempted by federal benefits law, the Fourth Circuit revived an Altria ex-worker's dispute over benefit plan documents, and the Eleventh Circuit reversed a pretrial win for Royal Caribbean in cruise workers' suit challenging 401(k) funds. Here, Law360 looks at those and two other major appellate decisions from August involving ERISA that benefits attorneys may want to know.

  • September 04, 2026

    Hospital Group Wants To Weigh In On $32M Yale Death Verdict

    The Connecticut Hospital Association urged a state appeals court to let it weigh in on a challenge to a nearly $32 million judgment entered against a Yale University-affiliated hospital over a premature baby's death, arguing the case presents important issues surrounding wrongful death damages.

  • September 04, 2026

    Nebraska High Court Rejects Bid To Void Medical Cannabis

    The Nebraska Supreme Court on Friday rejected an effort by state officials to void medical marijuana legalization measures that were approved by supermajorities of state voters, saying the lower court was right to dismiss the challenge.

  • September 04, 2026

    Elevance Health Settles Ex-Worker's Late Pay Class Claims

    Elevance Health Inc. has agreed to a settlement in principle that would end a proposed class action claiming it failed to give discharged workers their final paychecks in a timely fashion under Connecticut and Massachusetts law, according to a filing in Connecticut state court.

  • September 04, 2026

    NY Judge Won't Block HHS Sharing Of Aid Recipients' Info

    A New York federal judge refused to block a U.S. Department of Health and Human Services plan to share aid recipients' information with other agencies, including the U.S. Department of Homeland Security, ruling that nonprofits challenging it failed to show recipients faced irreparable harm.

  • September 04, 2026

    Latham, Simpson Thacher Steer Oura's Expected $2.5B IPO

    Fitness-tracking ring maker Oura has filed plans with the U.S. Securities and Exchange Commission for an initial public offering that could raise around $2.5 billion.

  • September 04, 2026

    Justices Again Refuse NY Health Workers' Fight Over Vax Rule

    The U.S. Supreme Court declined Friday to reconsider its decision to pass on a legal challenge by religious healthcare workers to a pandemic-era New York state vaccination policy, despite three conservative justices' previously stated interest in the case.

  • September 03, 2026

    Feds Will Pay $11M To End Suit Over Newborn's Brain Damage

    The federal government has agreed to pay $11 million to settle a suit in Tennessee federal court accusing a U.S. Army hospital of negligently causing a newborn's catastrophic brain injury, according to counsel for the plaintiffs and documents filed Thursday.

  • September 03, 2026

    Trump Admin Fights Uphill To Beat Vaccine Overhaul Suit

    A California federal judge indicated Thursday that he is likely to reject the federal government's bid to toss litigation from states challenging the Trump administration's decision to cut vaccine recommendations for American children, saying he thinks the states have standing based on the effect the change will have on their healthcare systems.

  • September 03, 2026

    Medical Biz Cites $15M Nicaragua Win To Avoid Arbitration

    A Nicaraguan medical products distributor is urging a Florida federal court to reconsider its order compelling arbitration of its dispute with GE Precision Healthcare LLC, pointing to a recent $15 million Nicaraguan court judgment that also dismisses the U.S. company's arbitration-based jurisdictional objection.

  • September 03, 2026

    Penn State Health Gets Retirement Fund Suit Trimmed

    A Pennsylvania federal judge agreed to pare claims from a proposed class action against Penn State Health from an employee who alleged mismanagement of two defined-contribution 401(k) and 403(b) plans, but opened discovery allegations that underperforming investment options breached fiduciary duties.

  • September 03, 2026

    Ky. AG Sues NY Abortion Rights Org. Over Gas Station Ads

    A New York-based abortion advocacy nonprofit is violating Kentucky's consumer protection laws by illegally advertising mail-order abortion pills at gas stations throughout the state and flying ads over the state fair, the state's attorney general claimed in a lawsuit Thursday. 

  • September 03, 2026

    HHS OIG Report Targets $380M In Medicare Organ Payments

    A report released by the inspector general for the U.S. Department of Health and Human Services on Thursday estimated Medicare needlessly reimbursed roughly $380 million for organs that weren't used in Medicare-covered transplants, finding a "conflict" between federal statute and agency guidance on reimbursement practices.

  • September 03, 2026

    1st Circ. Orders Redo In Puerto Rico Hospital Loan Fight

    The First Circuit revived hospital Instituto Medico Del Norte's Chapter 11 lawsuit against a lender, remanding the case after it "struggled to make sense" of a Puerto Rico bankruptcy judge's decision to dismiss the litigation.

  • September 03, 2026

    Pa. Opens Home Care Wage Probes Covering 100K Workers

    Pennsylvania is planning to step up enforcement of wage laws for home care employees, the state's labor secretary has announced, saying these workers are particularly vulnerable to wage theft.

Expert Analysis

  • Calif. Drug Ruling Affirms Defect-Centric Liability Framework

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    The California Supreme Court's decision in Gilead Tenofovir Cases this week rejects a novel duty-to-innovate theory of negligence that could have reshaped product liability exposure well beyond the pharmaceutical industry, instead signaling that negligence claims premised on nondefective products are unlikely to succeed, say attorneys at Dechert.

  • DOJ's FCA Push Creates Risks For Construction Contractors

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    The construction industry may be uniquely vulnerable to a new generation of False Claims Act enforcement driven by the U.S. Department of Justice's increasing usage of the FCA to target a much broader category of conduct than it has in decades past, specifically compliance certifications and regulatory representations, say attorneys at Cozen O'Connor.

  • Feds' Mixed Cues On Medicaid Fraud Signal States To Step Up

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    While the federal government has recently delivered four distinct and mutually inconsistent messages regarding Medicaid fraud enforcement, states should focus on improving enforcement, regardless of which federal posture proves correct, says Ken Levine at Stone & Magnanini.

  • A Shift In How Policymakers Are Approaching PBM Regulation

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    Recent federal and state legislative and regulatory activity involving pharmacy benefit managers represent a change in focus from transparency to PBM compensation structures, vertical integration and competitive effects, say attorneys at Barclay Damon.

  • Workplace Menopause Laws Demand New HR Playbooks

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    A recent wave of state and local legislation that makes menopause an expressly protected condition in the workplace creates new compliance obligations amid an already ambiguous federal framework, and demands a workplace culture where employees feel safe asking for support, says Elliot Griffin at Ballard Spahr.

  • Calif. Wiretap Ruling May Reshape Pixel Tracking Litigation

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    The recent dismissal of a proposed class action accusing Blue Shield of California of violating the federal Wiretap Act highlights the gap between legacy wiretap laws and modern browser architecture, and the tendency of pixel tracking complaints to oversimplify or mischaracterize how browsers work, says Phil Richards at ThreatHandle Consulting.

  • 11th Circ. Opioid Appeal May Shift Public Nuisance Coverage

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    The Eleventh Circuit's recent ruling certifying to the Florida and Georgia Supreme Courts the question of whether insurers must provide coverage against suits claiming policyholders improperly distributed opioids may ultimately result in a counterbalance to the Delaware line of cases denying coverage for government opioid suits, say attorneys at Pillsbury.

  • Opinion

    States Should Reconsider Forced PBM Divestiture Laws

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    State legislatures are attempting to enact policies intended to force pharmacy benefit managers to divest from pharmacies, but these laws would have the practical effect of reducing patient access and competition, potentially violating the U.S. Constitution in the process, says former Utah Attorney General John Swallow.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Noncompete Laws Show States Focusing On Bans, Healthcare

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    The first half of 2026 confirms that state legislatures are driving the most consequential changes in noncompete law, including a few state bans and several healthcare-specific laws, making a one-size-fits-all approach increasingly untenable for multistate employers, say attorneys at Faegre Drinker.

  • Where The Justices Aligned In Appellate Authority Ruling

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    The real story of the U.S. Supreme Court’s recent ruling in T.M. v. University of Maryland Medical System Corp., finding that a doctrine designed to curtail duplicative litigation prevents federal district courts from reviewing state court decisions, is in how the justices together revisited an obscure, century-old jurisdictional doctrine, says Alex Dimitrief at Zeughauser Group.

  • Rare DOJ Military Bias Suit Shows Peril Of Co. Admissions

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    Although the government rarely litigates Uniformed Services Employment and Reemployment Rights Act claims against private employers, Opara v. UV Memory Care demonstrates that it will do so when an employer's own admissions build the case, potentially resulting in significant compliance obligations and long-term consequences, says Bradford Kelley at Littler.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • USPTO-Fed. Circ. Split Complicates Machine Learning Patents

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    The wide chasm between the USPTO's and the Federal Circuit's approach to eligibility for machine learning patents means that patent drafters must avoid functional claiming and specifications if they hope to avoid invalidation of a machine learning patent at the appellate court, says attorney Michael Kiklis.

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings involving wage and hour allegations, medical care for incarcerated individuals, oil and gas royalty payments, and nuisance claims.

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