Health

  • August 28, 2026

    4 Arguments For Benefits Attys To Watch In September

    The Fifth Circuit will weigh Louisiana's bid to block telehealth access to the abortion drug mifepristone, while the Fourth Circuit will hear Lockheed Martin's challenge to a trial court decision that kept a pension de-risking suit alive. Here's a look at these and other argument sessions that should be on benefits attorneys' radar next month.

  • August 28, 2026

    Colo. Hospital Worker's Overtime Suit Ends In Settlement

    A former registration specialist for a Colorado hospital ended her overtime suit against the facility after accepting an offer of judgment to resolve her claims that it stiffed workers through meal-break deductions, time rounding and improperly calculated bonuses.

  • August 27, 2026

    PBMs Hammer Opioid Judge In Last-Ditch Gambit At 6th Circ.

    An Ohio federal judge knowingly flouted a Sixth Circuit rebuke by forcing two of the largest remaining defendants in multidistrict opioid litigation to either "settle for enormous sums or litigate for years hundreds of cases," says a Thursday petition urging the appeals court to intervene.

  • August 27, 2026

    Albertsons Loses Bid For Midtrial Win In Wash. Opioid Case

    Albertsons can't escape the state of Washington's lawsuit accusing the pharmacy chain and its Safeway subsidiary of contributing to the state's opioid crisis, a state judge ruled Thursday in denying the company's bid to dismiss the case midtrial.

  • August 27, 2026

    CVS Must Face Investor Claims Over AI Use Omissions

    A New York federal judge trimmed a proposed investor class action Thursday that alleges CVS Health Corp. concealed that its profitability was largely driven by its use of artificial intelligence, allowing the case to proceed on "actionable half-truths" that the company misrepresented the effects of its AI use.

  • August 27, 2026

    States' Suit Says HHS Terms Threaten Family Planning Dollars

    Twenty-three states launched a lawsuit in Maryland federal court Thursday challenging the U.S. Department of Health and Human Services' new conditions on federal funding for family planning services that they say would require recipients end support for "gender ideology," abandon diversity programming and drive patients toward parenthood and marriage.

  • August 27, 2026

    Mead Johnson Nutrition Head Defends Formula In MDL Trial

    Mead Johnson's head of nutrition testified Thursday in a trial over whether its preterm infant formula led to a newborn's serious and ultimately fatal gut illness, saying she had no reasons to worry about the product's safety but acknowledging it carries a higher risk for the disease than human breast milk.

  • August 27, 2026

    5th Circ. Backs FDA, Pharma Cos. In GLP-1 Shortage Fight

    The U.S. Food and Drug Administration did not unlawfully remove blockbuster GLP-1 medications made by Eli Lilly & Co. and Novo Nordisk from the national drug shortage list, the Fifth Circuit ruled Thursday, handing a loss to compounding pharmacies that produce copycat doses of the drugs.

  • August 27, 2026

    Guardant Suits Against Tempus AI Clear Dismissal Bids

    A Delaware federal judge has refused to throw out litigation accusing Tempus AI Inc. of infringing Guardant Health Inc. patents covering technology used to analyze cancer-related genetic data and help guide testing and treatment.

  • August 27, 2026

    Selena Gomez Says Wondermind Investor Suit Must Be Nixed

    Pop star Selena Gomez has urged a Delaware federal judge to toss securities fraud claims against her tied to the mental health startup Wondermind, saying she wasn't involved in the offering and suggesting that the plaintiffs may deserve sanctions for bringing "egregiously improper" claims against her.

  • August 27, 2026

    AG Says Florida Won't Take Part In Meta's 'Weak' $17B Deal

    Florida will take no part in Meta's $17 billion social media addiction settlement, according to state Attorney General James Uthmeier, who has slammed the sum as "weak" and said the Sunshine State will not be bought off for "pennies on the dollar."

  • August 27, 2026

    Judge Wary Of EEOC's Challenge To Yale Hospital Age Testing

    A Connecticut federal judge on Thursday said oral arguments forced her to rethink whether to require a trial in the U.S. Equal Employment Opportunity Commission's challenge to age-based employee cognition tests at Yale New Haven Hospital, indicating the EEOC presented a solid case and that Yale's defenses might be stronger.

  • August 27, 2026

    Website Arbitration Pact Can't Thwart Caremark ERISA Suit

    A New York federal judge narrowed a suit accusing CVS Caremark of improperly denying coverage for a specific GLP-1 drug but kept the bulk of the case in court, finding that an arbitration agreement featured on the company's website doesn't apply to benefit plans.

  • August 27, 2026

    GAO Says CMS Should Rethink $52M Task Order

    The Centers for Medicare and Medicaid Services applied unstated evaluation criteria when passing on a company's $49 million offer to provide support services for a health care facility surveyor training program in favor of a more expensive bid, according to a decision by the U.S. Government Accountability Office. 

  • August 27, 2026

    23andMe Judge Slows Estimation Of Calif. Data Breach Claim

    A Missouri bankruptcy judge ruled Thursday he would split a process for dealing with data breach claims brought by the state of California against 23andMe into two stages, saying he would first decide whether the bankruptcy trust for the DNA testing company should be allowed to estimate the state's claims for damages.

  • August 27, 2026

    Mich. Hospitals Defend CVS 340B Drug Savings Suit

    University of Michigan Hospitals and Health Centers urged a Michigan federal judge Wednesday to preserve its suit claiming that CVS Health Corp. diverted millions of dollars earmarked for indigent healthcare to itself, saying the conduct clearly amounts to a racketeering scheme.

  • August 27, 2026

    Colo. Hospital Can't Split Discovery In Retirement Funds Suit

    A Colorado federal judge rejected a faith-based nonprofit hospital's bid for the court to bifurcate discovery in a lawsuit brought by former employees accusing the health system of mismanaging their retirement funds, finding the requested action "would hinder judicial economy."

  • August 27, 2026

    Disabled Adults Fight Connecticut's IQ Cutoff For Services

    A group of young adults who say they have intellectual disabilities alleged in a new lawsuit that Connecticut's "strict intelligence quotient cutoff" for receiving state agency services is unconstitutional and ignores shifts in the medical and legal landscapes.

  • August 27, 2026

    Hospital Wants Saul Ewing Client To Stop Contacting Nurses

    A whistleblower in a False Claims Act case against a Pittsburgh-area hospital tried to solicit complaints from her co-workers — allegedly at the urging of her attorneys at Saul Ewing LLP — despite rules against ex parte communication with employees of represented parties, the hospital's lawyers said this week.

  • August 26, 2026

    5th Circ. Upholds Drug Negotiations In Blow To Big Pharma

    Medicare's landmark program of drug price negotiations doesn't flout constitutional provisions involving the separation of powers, due process or excessive fines, the Fifth Circuit ruled late Wednesday, delivering a fresh blow to the pharmaceutical industry's campaign to tee up U.S. Supreme Court review.

  • August 26, 2026

    Top Takeaways From Meta's $17B Kid Safety Deal

    A $17.1 billion deal with 29 states and Meta Platforms Inc. that includes reforms to Facebook and Instagram to protect children is seen as a benchmark for other settlements with social media companies as litigation and public pressure mounts over mental health harms to youth.

  • August 26, 2026

    Mass. Officials Rebuff Challenge To Vape Ban

    There's no chance smoke shops and retailers will come out on top in a lawsuit seeking to undo a Massachusetts ban on certain tobacco products, the state said when urging a federal judge to reject calls to block enforcement, saying too many appeals courts have sided with similarly situated states.

  • August 26, 2026

    Bankrupt Villages Health System Agrees To $541.5M FCA Deal

    Florida-based The Villages Health System has agreed to shell out more than $541.5 million to resolve allegations it violated the False Claims Act by submitting false diagnosis codes to get more money from Medicare, conduct that it disclosed itself, the U.S. Department of Justice said Wednesday.

  • August 26, 2026

    Healthcare Cos. Must Face Whistleblower's PPP Fraud Suit

    A New York federal judge has dismissed a bid to toss a compliance consultant's whistleblower suit against a trio of home healthcare companies for alleged fraud under the government's Paycheck Protection Program, rejecting the companies' arguments that her claims should be barred because she is not an original source of information.

  • August 26, 2026

    Judge Punts $9.9M Lien Fight In 'Take Care Of Maya' Row

    A Florida judge said Wednesday he would take up the breach of fiduciary duty claims filed by Maya Kowalski, the subject of the Netflix documentary "Take Care of Maya," against her former counsel before addressing the attorney's $9.9 million charging lien for the work he did representing her at trial.

Expert Analysis

  • 7th Circ. Ruling May Reduce Litigation Risk For Text Marketers

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    The recent Seventh Circuit holding in Steidinger v. Blackstone Medical Services that unwanted marketing text messages are not telephone calls under the Telephone Consumer Protection Act may strengthen companies' responses to presuit demand letters and early-stage litigation claims premised on do-not-call text theories, say attorneys at Holland & Knight.

  • How Calif. Ruling Defines Drug Cos.' R&D Responsibilities

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    The California Supreme Court's recent ruling in the Gilead Tenofovir Cases, which held that drugmakers have no duty to bring allegedly safer alternatives to market more quickly, is a win for pharmaceutical companies — but not a grant of blanket immunity for all early-stage drug development decisions, say attorneys at King & Spalding.

  • Calif. Justices' Ruling Reshapes Midcase Appeal Strategy

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    The California Supreme Court's recent decision in Maniago v. Desert Cardiology Consultants holds that voluntary dismissal cannot be used as a shortcut to appellate review of interlocutory orders, resolving a long-running appellate split and pushing litigants to use alternative procedural tools, says Josh Patashnik at Ashurst Perkins Coie.

  • Midyear Trends, Takeaways As Securities Class Actions Surge

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    High numbers of securities class actions through June suggest filings will stay elevated, with factors like changing enforcement attitudes, media scrutiny and the proliferation of potential defendants serving as both cause and effect in increased litigation involving AI-related disclosures, health and tech companies, and foreign issuers, say attorneys at Alston & Bird.

  • Series

    Going To Hardcore Shows Makes Me A Better Lawyer

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    While government contracts law and the hardcore scene may seem entirely unrelated, in my experience, both are about community, focus, being prepared for the unexpected and managing chaos, says Isaac Natter at Fluet.

  • Brace For Expanding Scrutiny Of Dark Patterns In Healthcare

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    Recent reporting and regulatory developments highlight growing concern surrounding so-called dark patterns in healthcare — user interface designs that improperly influence consumer decision-making — and represent an important evolution of how healthcare professionals should evaluate consent processes, say attorneys at Clark Hill.

  • How Home Infusion Providers Can Adapt To Enrollment Pause

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    Recent Centers for Medicare & Medicaid Services moratoria on new enrollments of home health agencies, medical equipment companies and hospices make home infusion providers' compliance obligations more complex and ambiguous, requiring new careful consideration of specific enrollment requirements and limitations, say attorneys at Quarles & Brady.

  • AI Data Mining Is Changing FCA Enforcement

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    With False Claims Act investigations increasingly emerging from statistical anomalies identified by data miners, companies need to consider what conclusions an outsider armed with artificial intelligence might draw from public-facing data and be ready to explain any anomalies if questions arise, say attorneys at Cohen & Gresser.

  • Lessons From 5 Months Of DOJ Corporate Policy Deals

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    Recent declinations and prosecution agreements between the U.S. Department of Justice and corporations since the March unveiling of the corporate enforcement and voluntary disclosure policy provide takeaways for management considering how to respond to corporate misconduct, says Brendan Quigley at Baker Botts.

  • Opinion

    2nd Circ. Tylenol Ruling Misapplies Daubert Gatekeeping

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    The Second Circuit's recent ruling in Rutledge v. Walgreen Co., holding that a lower court should not have excluded experts alleging links between prenatal acetaminophen use and autism, threatens to swallow the Daubert standard by limiting courts' consideration of scientific consensus in assessing reliability of expert testimony, say attorneys at Benesch.

  • 5 Antitrust Lessons On Bundled Discounts After Medtronic

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    The recent California federal court decision upholding a $381.7 million verdict against Medtronic offers practitioners a clearer road map for navigating bundled discount claims under Section 2 of the Sherman Act, and the practical implications are substantial, say attorneys at Norton Rose.

  • Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

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    The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising executive power, suggests that courts may be receptive to arguments challenging the constitutional foundations of the False Claims Act’s qui tam mechanism, says Daniel Passeser at Wiggin.

  • Series

    Being A Sommelier Makes Me A Better Lawyer

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    Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

  • 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.

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