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July 15, 2024
Split 2nd Circ. Nixes Surgeon's Default In Sex Assault Case
A split panel of the Second Circuit said a Connecticut surgeon should have been fully freed from the default judgment against him in a sex assault suit after a jury concluded his accuser failed to prove the assault happened, with one judge dissenting Monday that parts of the default ruling should remain.
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July 15, 2024
North Carolina Cases To Watch In 2024: A Midyear Report
The second half of 2024 will see the North Carolina Business Court tackle media rights in one of the country's largest collegiate athletic conferences while state justices weigh the scope of hospital immunity under the Tar Heel State's COVID-19 emergency law.
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July 15, 2024
Personal Injury, Med Mal Cases To Watch In 2nd Half Of 2024
A Pennsylvania case over hospitals' liability for not admitting a mental health patient who ended up killing his girlfriend and a Texas high court case over solicitations by personal injury attorneys are among the cases injury and malpractice attorneys will be following in the second half of 2024.
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July 15, 2024
Theranos Ex-Exec's Lead Atty Joins Boutique Firm In LA
A former BigLaw attorney who was lead defense counsel for Theranos' former president Ramesh Balwani has joined Los Angeles boutique Foundation Law Group LLP to lead its white collar practice, the firm announced Monday.
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July 15, 2024
11th Circ. Affirms Atty Fee Awards In Nursing Home Ch. 7
The Eleventh Circuit found Monday a bankruptcy court didn't abuse its discretion when it awarded attorney fees to Shumaker Loop & Kendrick LLP, Fox Rothschild and a firm that merged with Venable for representing the Chapter 7 trustee in a nursing home operator's insolvency.
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July 15, 2024
Catching Up With Delaware's Chancery Court
Chancery Court news was full of fees and settlements last week, with three multimillion-dollar deals getting a court OK, and a daylong discussion over a potentially multibillion-dollar fee award for attorneys who got Tesla CEO Elon Musk's astronomical pay package thrown out. The court also banged the gavel in cases involving e-payment venture SwervePay and managed care company Centene Corp., and heard arguments from software company SAP SE and biotech Renmatix Inc.
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July 15, 2024
Health Services Spinoff Leads 3 IPO Launches Totaling $1.1B
Occupational health services provider Concentra Group Holdings Parent Inc. unveiled a price range Monday for an estimated $551 million initial public offering, leading a trio of companies that launched plans for new listings that would exceed $1.1 billion combined.
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July 15, 2024
11th Circ. Upholds UMiami's Win In Retaliation Suit
The Eleventh Circuit affirmed a Miami federal jury's verdict rejecting claims that the University of Miami fired a compliance officer for his refusal to close an investigation into the college's alleged Medicare overcharging, ruling that the officer had "invited" the jury instruction on which he based his appeal.
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July 12, 2024
Law360 Names 2024's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.
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July 12, 2024
Feds Say Former Hospital CFO, 2 Others Embezzled $15M
The former chief financial officer of a Chicago hospital, the hospital's chief transformation officer and a medical supply company owner conspired to embezzle more than $15 million from the hospital, according to a superseding indictment handed down by an Illinois federal grand jury on Thursday.
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July 12, 2024
Loper Bright Is Shaking Up Dozens Of Regulatory Fights
In the two weeks since the U.S. Supreme Court overturned Chevron deference, the landmark decision has emerged as a live issue in dozens of administrative challenges, with federal courts already pausing agency regulations expanding LGBTQ+ rights in education and healthcare and with a wave of parties seeking to use the new decision to win their cases.
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July 12, 2024
Whistleblower's Attys Get $5.9M After Losing $11.5M Fee Ask
A Massachusetts federal judge awarded a whistleblower's counsel $5.9 million in fees plus $651,845 in costs and expenses after slashing their prior "exorbitant" $11.5 million fee request in May in a decade-old False Claims Act lawsuit alleging Fresenius Medical Care billed Medicare for unnecessary hepatitis tests.
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July 12, 2024
Conn. Health Staffing Co. Co-Owner Drops Partnership Suit
The co-owner of a Connecticut healthcare staffing company has withdrawn a lawsuit against a co-owner accused of plundering from the partnership, a move that leaves untested a sole dissolution claim left standing by a judge who dismissed all other causes of action between the parties earlier this year.
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July 12, 2024
Opioid MDL Plaintiffs Atty Fee Awards Upheld
The Ohio federal judge overseeing the multidistrict litigation over the opioid epidemic denied several law firms' requests to amend the share of legal fees they received in the case, except an appeal from Spangenberg Shibley & Liber, reasoning that one of its attorneys' work has been "invaluable."
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July 12, 2024
Military's IVF Policy Defense Fails Post-Chevron, Group Says
A nonprofit that's challenging the U.S. military's in vitro fertilization coverage policy for service members told a New York federal judge that federal agencies cannot claim they're entitled to Chevron deference in the wake of the U.S. Supreme Court's recent decision overturning the decades-old precedent.
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July 12, 2024
Plaintiffs Want Opioid MDL Bellwethers Cut For Lost Emails
Plaintiffs in the multidistrict litigation arising from the opioid epidemic again asked an Ohio federal court on Friday to sever two of four bellwethers, accusing pharmacy benefit managers of preferring to "foster a sideshow" to further draw out litigation after learning of deficiencies in evidence preservation by some of the cities and counties that initiated cases.
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July 12, 2024
Texas Panel Revives Woman's Acupuncture Burn Suit
A Texas court of appeals revived a suit accusing an acupuncturist of providing negligent suction cup treatment that left a woman with second-degree burns, finding the woman should be provided additional time to fix her deficient medical expert report.
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July 12, 2024
3 Fla. Labs Settle Medicare Overbilling Case For $2.45M
Three medical labs in Clermont, Florida, have agreed to pay $2.45 million to resolve allegations they were manipulating diagnosis codes, or "code jamming," to submit more lucrative claims to Medicare and Medicaid for reimbursement by having a computer macro tack on extra diagnosis codes before filing the claims with the government.
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July 12, 2024
Conn. Justices Say Town Can Tax Hospital's Property
Personal property of a Connecticut hospital owned by Hartford HealthCare is taxable, the state Supreme Court said Friday, reversing a trial court opinion and ruling that Hartford's acquisition of the hospital negated a tax exemption for charitable entities.
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July 12, 2024
Feds Say Fake Gunshot Wounds Part Of $1M Fraud Scheme
Five Massachusetts residents and one New Yorker defrauded insurance companies out of more than $1 million by submitting reimbursement claims for bogus overseas medical expenses, including gunshot wounds, stabbings and car accidents, federal prosecutors announced on Friday.
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July 12, 2024
Boston To Pay $1M To End Health Dept. Harassment Case
A high-profile sexual harassment case against the city of Boston and its former health director settled for $1 million earlier this month, according to a copy of the agreement released Friday.
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July 12, 2024
Chancery Tosses Centene Shareholders' Medicaid Fraud Suit
The Delaware Chancery Court on Friday dismissed a Centene stockholder derivative lawsuit seeking damages from company directors and officers over allegations of a multistate Medicaid pharmacy benefit billing fraud scheme that the investors said could result in a $1.25 billion liability for the healthcare giant.
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July 12, 2024
Widower Drops Suit Over Surgical Robot-Related Death
A widower agreed Thursday to drop his suit against Intuitive Surgical Inc. over an alleged defect in its da Vinci surgical robots that allowed electricity to arc during his wife's surgery, burning her small intestine and leading to her death.
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July 12, 2024
Chancery Approves $19.5M Convey-TPG Settlement
Former shareholders of Convey Health Solutions Inc. won Delaware Chancery Court approval Friday of a $19.5 million cash settlement to resolve a class challenge to the healthcare technology company's $1.1 billion take-private acquisition by TPG Inc., with $3.88 million going to class attorneys after expenses.
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July 12, 2024
7 Gender-Affirming Care Cases To Watch In 2024's 2nd Half
The U.S. Supreme Court has agreed to review a constitutional challenge by the federal government to Tennessee's ban on gender-affirming care for minors, while other appeals courts are weighing the constitutionality of states' and employers' restrictions on gender dysphoria treatment. Here are seven cases involving gender-affirming care access that attorneys will be tracking in the second half of the year.
Expert Analysis
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HHS Opioid Rule Generally Benefits Providers And Patients
The U.S. Department of Health and Human Services' newly effective rule, the first substantial change to opioid treatment programs and delivery standards in over 20 years, significantly expands access and reduces stigma around certain medications, though the rule is narrow in scope and does have some limitations, say attorneys at Alston & Bird.
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The Multifaceted State AG Response To New Technologies
In response to the growth of technologies like artificial intelligence, biometric data collection and cryptocurrencies across consumer-facing industries, state attorneys general are proactively launching enforcement and regulatory initiatives — including bipartisan investigations and new state AI legislation, say Ketan Bhirud and Emily Yu at Cozen O'Connor.
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CORRECTED: Endoscope Patent Case Offers Guidance On Right To Repair
An Alabama federal court's decision in Karl Storz v. IMS reaffirmed that product owners have broad rights to repair or modify their property as they see fit, highlighting the parameters of the right to repair in the context of patent infringement, say Dustin Weeks and Dabney Carr at Troutman Pepper. Correction: Due to an editing error, a previous version of this article and headline attributed the Karl Storz ruling to the wrong court. The error has been corrected.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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2 Recent Suits Show Resiliency Of Medicare Drug Price Law
Though pharmaceutical companies continue to file lawsuits challenging the Inflation Reduction Act, which enables the federal government to negotiate for lower prescription drug prices, recent decisions suggest that the reduced drug prices are likely here to stay, says Jose Vela Jr. at Clark Hill.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Decoding The FTC's Latest Location Data Crackdown
Following the Federal Trade Commission's groundbreaking settlements in its recent enforcement actions against X-Mode Social and InMarket Media for deceptive and unfair practices with regards to consumer location data, companies should implement policies with three crucial elements for regulatory compliance and maintaining consumer trust, says Hannah Ji-Otto at Baker Donelson.
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Defense Attys Must Prep For Imminent AI Crime Enforcement
Given recent statements by U.S. Department of Justice officials, white collar practitioners should expect to encounter artificial intelligence in federal criminal enforcement in the near term, even in pending cases, say Jarrod Schaeffer and Scott Glicksman at Abell Eskew.
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Lessons For Nursing Facilities From DOJ Fraud Settlement
The U.S. Department of Justice's recent settlement with the owner of skilled nursing and assisted living facilities in Florida provides a cautionary tale of potential fraud risks, and lessons on how facilities can mitigate government enforcement actions, say Callan Stein and Rebecca Younker at Troutman Pepper.
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Planning For Healthcare-Private Equity Antitrust Enforcement
U.S. antitrust agency developments could mean potential enforcement actions on healthcare-related acquisitions by private equity funds are on the way, and entities operating in this space should follow a series of practice tips, including early assessment of antitrust risks on both the state and federal level, say Ryan Quillian and John Kendrick at Covington.
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3 Health Insurance Paths For Psychedelic-Assisted Therapy
Ahead of potential U.S. Food and Drug Administration approvals for psychedelics as insured treatments, attorneys at Husch Blackwell review pathways for these drugs to achieve coverage as treatments for complex mental health conditions.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Bid Protest Spotlight: Nonprecedential, Unreasonable, Scope
James Tucker at MoFo examines three recent decisions showing that while the results of past competitions may inform bid strategy, they are not determinative; that an agency's award may be deemed unreasonable if it ignores available information; and that a protester may be right about an awardee's noncompliance but still lose.
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Fears About The End Of Chevron Deference Are Overblown
While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.