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June 28, 2024
Jury Convicts Seattle Doctor In NBA Health Fraud Case
A Manhattan federal jury on Friday found a Seattle doctor guilty of healthcare fraud and other charges related to a scheme to submit bogus claims for payment to an NBA healthcare plan, according to the U.S. Attorney's Office for the Southern District of New York.
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June 28, 2024
3 Biggest Benefits Policy Developments From 2024's 1st Half
The U.S. Department of Labor and other agencies finalized significant changes to regulations affecting employee benefits in the first half of 2024. Here are three policy moves that benefits attorneys should have on their radar.
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June 28, 2024
Judge Finalizes $4M Deal In Eye Doc Ransomware Dispute
A North Carolina federal judge has signed off on a $4 million deal to resolve two class actions over an electronic patient recordkeeping and billing company allegedly failing to give truthful, timely notice to ophthalmology practices and their patients about ransomware attacks that damaged its software for months.
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June 28, 2024
Mich. EMTs Did Not Prove Immunity Over False Death Declaration
A Michigan Court of Appeals panel says first responders who declared a 20-year-old woman with cerebral palsy dead only for a funeral home embalmer to discover she was still breathing after having been placed in a body bag have not yet proven they are immune from liability, restoring a dismissed lawsuit.
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June 28, 2024
5th Circ. Tosses Texas Health System's COVID-19 Suit
The largest nonprofit health system in Texas cannot get coverage for COVID-19-related business interruption losses it said totaled over $192 million, the Fifth Circuit affirmed, highlighting previous circuit precedent establishing that COVID-19 does not cause "physical loss or damage."
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June 28, 2024
Litigation Pro Joins Bradley Arant From Houston Boutique
Bradley Arant Boult Cummings LLP has strengthened its litigation practice in Texas with a partner who came aboard from Houston corporate law firm BoyarMiller.
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June 28, 2024
Iowa Supreme Court Approves 6-Week Abortion Ban
The Iowa Supreme Court narrowly ruled Friday that the state can enforce a law restricting abortion after about six weeks of pregnancy, finding the state has a "legitimate interest in protecting unborn life," according to the majority opinion.
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June 28, 2024
Supreme Court Strikes Down Chevron Deference
The U.S. Supreme Court on Friday overturned a decades-old precedent that instructed judges about when they could defer to federal agencies' interpretations of law in rulemaking, depriving courts of a commonly used analytic tool and leaving lots of questions about what comes next.
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June 27, 2024
Biden, Trump Spar On Abortion Access In The Wake Of Dobbs
The U.S. Supreme Court's Dobbs decision upending Americans' access to abortion care made an early appearance at Thursday night's presidential debate, with President Joe Biden lamenting the end of Roe v. Wade and former President Donald Trump taking credit for handing the issue of abortion rights "back to the states."
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June 27, 2024
OptumRx Agrees To Pay $20M To Resolve DOJ Opioid Claims
OptumRx Inc. has reached a $20 million deal with the U.S. Department of Justice to end allegations the company improperly filled opioid prescriptions in combination with other drugs, the Justice Department announced Thursday.
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June 27, 2024
State AGs Want Stay Lifted In Generic Drug Pricing Suit
The attorneys general of New York and Connecticut have asked a federal judge to lift a partial discovery stay in three state-led generic drug pricing lawsuits against the pharmaceutical industry, saying it is no longer necessary because sentencing is complete in a parallel U.S. Department of Justice proceeding.
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June 27, 2024
Judge Blasts Prisons Bureau, Sends Exec To Halfway House
An Illinois federal judge said Thursday he felt he needed to protect Outcome Health's co-founder from the Bureau of Prisons' "ridiculous" policy barring her from a low security camp just because she isn't a citizen, sentencing her to time served and three years' supervision in a Chicago halfway house instead.
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June 27, 2024
Insurers Call Rite Aid Ch. 11 Opioid Deal Unfair
Counsel for bankrupt drugstore chain Rite Aid told a New Jersey bankruptcy judge Thursday that it hopes to reach an agreement with at least some of its insurers on payments into an opioid settlement fund before closing arguments in its Chapter 11 plan confirmation Friday.
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June 27, 2024
Texas DAs Escape Defendant Class Cert. In Abortion Case
A Texas federal judge on Wednesday rejected a bid to force state prosecutors to become a certified class of defendants in a suit aimed to curb retaliation against advocates who help women get an abortion outside the state, saying there was no risk of varying adjudications.
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June 27, 2024
Ga. Judge Says NBC Falsely Reported Mass Hysterectomies
A Georgia federal judge has ruled several news programs under the NBCUniversal umbrella incorrectly portrayed a doctor as having performed unwanted mass hysterectomies on immigrant women held at a private detention center.
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June 27, 2024
ACLU Says Mich. Can't Ban Medicaid Coverage Of Abortions
The American Civil Liberties Union on Thursday lodged a suit challenging a Michigan law barring Medicaid coverage of abortions, claiming that the ban is a violation of the state constitution's newly enacted right to reproductive freedom.
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June 27, 2024
11th Circ. Upholds Radiology Practice's FMLA Suit Win
The Eleventh Circuit on Thursday backed a Florida radiology practice's defeat of a doctor's lawsuit alleging he was fired because he requested medical leave, ruling a lower court didn't err when it blocked him from presenting evidence he hadn't previously disclosed.
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June 27, 2024
Hospitals' Charity Care Does Not Equal Taking, NJ Panel Rules
A New Jersey appellate panel Thursday rejected a group of Garden State hospitals' challenge to a lower court's finding that a state requirement to treat patients regardless of the patient's ability to pay does not amount to constitutional taking, ruling that they failed to show evidence of physical taking of hospital property.
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June 27, 2024
6th Circ. Dismisses Doctors' ACA Trans Healthcare Appeal
The Sixth Circuit dismissed on Thursday an appeal from a group of doctors attempting to block the U.S. Department of Health and Human Services from enforcing prohibitions on gender-identity discrimination under the Affordable Care Act, finding subsequent agency action overruled the doctors' claims.
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June 27, 2024
Calif. Justices Say Patient's Choice A Factor In Product Cases
The California Supreme Court has sided with a woman alleging that a shock therapy device made by Somatics LLC caused her permanent injuries, saying she can establish that her injuries were caused by a lack of warning as long as she shows that a prudent patient would have declined treatment upon hearing a warning.
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June 27, 2024
Fla. Gov. Vetoes Bill Giving Immunity On Data Breach Claims
Florida Gov. Ron DeSantis on Wednesday vetoed a bill that would have provided immunity from data breach lawsuits for businesses that complied with certain cybersecurity standards, citing concerns that the legislation could result in Floridians' data being less secure.
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June 27, 2024
4th Circ. Won't Revive Navy Hospital Gangrene Suit
The Fourth Circuit declined to revive a North Carolina woman's lawsuit over a U.S. Navy hospital allegedly misdiagnosing her kidney failure and causing her to contract gangrene and require multiple amputations, standing by a lower court's ruling that her suit was filed too late under a state-level statute.
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June 27, 2024
High Court Allows Idaho Emergency Abortions, For Now
The U.S. Supreme Court on Thursday allowed abortions in Idaho to continue in emergency situations under a federal law requiring doctors at Medicare-funded hospitals to provide emergency care, including abortions.
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June 26, 2024
Ex-Outcome CEO Gets 7½ Years For Fraud Conviction
Former Outcome Health CEO Rishi Shah was sentenced to 7½ years in prison Wednesday for engaging in a massive fraud through which he grew the health advertising company by lying to investors, lenders and customers about its value and capabilities.
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June 26, 2024
Moms For America Sues Biden Admin Over Vax Liability Law
Conservative nonprofit Moms for America has sued the Biden administration over a law that shields companies from COVID-19 vaccine injury lawsuits, saying the law is unconstitutional because it circumvents judicial review and violates fundamental rights, including due process and trial by jury.
Expert Analysis
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What's New In FDA's Updated Data Monitoring Guidance
The U.S. Food and Drug Administration's new guidance on the use of data monitoring committees in clinical trials is set to replace the agency's 2006 guidance on the topic, with notable updates including stronger language indicating a more stringent stance against financial conflicts of interest and adaptation to recent changes in DMC structure, say attorneys at Hogan Lovells.
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Opinion
Suits Against Insulin Pricing Are Driven By Rebate Addiction
A growing wave of lawsuits filed by states, cities and counties against insulin manufacturers and pharmacy benefit managers improperly allocate the blame for rising insulin costs, when in actuality the plaintiffs are partially responsible, says Dan Leonard at Granite Capitol Consulting.
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Conn. Data Privacy Enforcement Takeaways For Cos.
In light of the Connecticut attorney general's recently released report on its enforcement of the Connecticut Data Privacy Act, which focuses on companies' privacy policies, protections of sensitive data and more, businesses can expect increased enforcement scrutiny — especially in areas that are the subject of consumer complaints, say Paul Pittman and Abdul Hafiz at White & Case.
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Lessons For D&O Policyholders From Pharma Co. Ruling
A California federal court's recent decision in AmTrust v. 180 Life Sciences, requiring insurers to advance defense costs for a potentially covered claim, provides a valuable road map for directors and officers insurance policyholders, rebutting the common presumption that a D&O insurer's duty to advance costs is more limited than under other policies, say attorneys at Pasich.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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When Physician Retirement Arrangements May Be Legal
A recent advisory opinion from the Office of Inspector General regarding physician retirement arrangements sheds light on key considerations and mitigating factors that may be useful when attempting to balance healthcare operational needs with statutory conformity, says Magda Rodriguez at Day Pitney.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Keeping Up With Class Actions: Data Breach Litigation In Flux
In this monthly look at notable class action decisions, Gerald Maatman at Duane Morris examines a recent mixed-bag data breach ruling from an Illinois federal court — in the context of case law developments over the last year — which illustrates the range of issues confronting litigants going forward.
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Args In APA Case Amplify Justices' Focus On Agency Power
In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.
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Series
ESG Around The World: Gulf Cooperation Council
The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.
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Navigating ACA Reporting Nuances As Deadlines Loom
Stephanie Lowe at Liebert Cassidy walks employers through need-to-know elements of Affordable Care Act reporting, including two quickly approaching deadlines, the updated affordability threshold, strategies for choosing an affordability safe harbor, and common coding pitfalls.
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Inside The PTAB's Seagen Cancer Drug Patent Decision
The Patent Trial and Appeal Board's recent finding that Seagen's claims for antibody-drug conjugate technology were unpatentable — for lack of enablement, lack of written description and anticipation — mark the latest chapter in the complex patent dispute as the case heads for director review, says Ryan Hagglund at Loeb & Loeb.
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A Cautionary Tale On Hospital-Physician Alignment Structures
A $345 million settlement between the U.S. Department of Justice and Community Health Network highlights how quickly hospital and physician alignment relationships can violate legal restrictions on such dealings, and the onerous financial penalties that can ensue, say Robert Threlkeld and Elliott Coward at Morris Manning.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.