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February 13, 2025
House Dems Push Against GOP's Proposed Tax Cuts
House Budget Committee Republicans on Thursday passed a resolution that would allow for the passage of up to $4.5 trillion in tax cuts and the repeal of the Inflation Reduction Act.
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February 13, 2025
UnitedHealth Can't Escape All Claims In AI Denial Suit
A Minnesota federal judge Thursday allowed Medicare Advantage patients and the estates of deceased enrollees to pursue breach of contract claims against UnitedHealth over its alleged use of AI to override physician recommendations, finding they are not preempted by the Medicare Act, but tossed others by holding they are preempted.
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February 13, 2025
Mallinckrodt Fails To Halt Airgas' Generic Nitric Oxide Drug
A Delaware federal judge has rejected Mallinckrodt Pharmaceuticals' attempt to block French industrial gas company Airgas Healthcare from selling a generic version of its inhaled nitric oxide treatment, saying Mallinckrodt didn't show enough evidence that Airgas infringed its patents or that it would suffer irreparable harm.
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February 13, 2025
Mental Health Group Says Ga. Analyst Lied About Work
Cheerful Therapy LLC filed suit against Georgia-based Anelyst Accounting LLC and Nicholas Hawkins in federal court, alleging they solicited it to pay for the creation of a mental health group practice with the intent of secretly transferring the group to a new limited liability company in which Cheerful had no rights or interest.
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February 13, 2025
Mich. Abortion Laws Hinder Access, Clinic Director Testifies
The director of an abortion clinic testified on Thursday that Michigan's waiting period and mandatory counseling requirement for abortion services have forced the clinic to turn away patients and delay their care, kicking off a trial to determine if the policies should be struck down.
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February 13, 2025
Old Dominion Worker's Gender-Affirming Care Suit Dropped
A transgender woman participating in an Old Dominion employee health plan agreed to drop her suit alleging she was wrongly denied gender-affirming care coverage for facial hair removal after a Washington federal judge dismissed the case in January, citing a settlement of the dispute.
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February 13, 2025
Maryland Judge Blocks Trump's Orders On Trans Healthcare
A Maryland federal judge on Thursday temporarily blocked the Trump administration from restricting gender-affirming care for people under the age of 19 and required the administration to keep in place federal funding for healthcare providers that provide transgender care.
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February 13, 2025
9th Circ. Upholds DEA Denial Of Psilocybin Petition
The Ninth Circuit on Thursday affirmed the U.S. Drug Enforcement Administration's rejection of a Seattle physician's request to treat terminally ill patients with psilocybin.
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February 13, 2025
Healthcare Group Of The Year: Williams & Connolly
Attorneys in Williams & Connolly LLP's healthcare practice won major victories for CVS in a number of jurisdictions across the country, including fighting off class certification in a case against CVS' subsidiary pharmacy benefit manager in Minnesota and defeating an antitrust action from the New York attorney general, earning a spot among the 2024 Law360 Healthcare Groups of the Year.
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February 13, 2025
Musk's $97B OpenAI Bid Dubbed A 'Stunt' Amid Other Rumors
After a Wall Street Journal report on Monday revealed that a consortium of investors led by Elon Musk was offering $97.4 billion to buy the nonprofit that controls OpenAI, rumors began to swirl regarding the true intentions behind the billionaire's bid.
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February 13, 2025
Colo. Ends Deal With Medicaid Ride Co. Over Blown Deadline
Colorado on Wednesday terminated a contract with a company that provides transportation for state Medicaid members after the company sued to invalidate its suspension from the program, with the state citing a failure to complete driver background checks and other requirements on time.
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February 13, 2025
Buchanan Adds Healthcare Shareholder From Michael Best
Courtney Tito, a new healthcare shareholder at Buchanan Ingersoll & Rooney LLP, told Law360 Pulse in an interview Thursday that her time in Baghdad as one of the only women attorneys helping to draft judicial legislation and amend Iraq's Constitution taught her to be an effective attorney.
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February 13, 2025
Small But Mighty Busy: 1st Circ. A Hub For Anti-Trump Suits
The Boston-based First Circuit will play an outsize role in litigation challenging the aggressive start to President Donald Trump's second administration, but the liberal stronghold's philosophic divergence with the U.S. Supreme Court may make any victories fleeting.
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February 13, 2025
Robert F. Kennedy Jr. Confirmed, Sworn In As HHS Secretary
Robert F. Kennedy Jr. is officially the nation's top healthcare official.
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February 13, 2025
Amtrak Worker Admits Role In $11M Healthcare Fraud
An Amtrak employee has pled guilty in Newark federal court in New Jersey to conspiracy to commit healthcare fraud as part of a scheme that cost Amtrak $11 million, acting U.S. Attorney Vikas Khanna announced.
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February 12, 2025
Labcorp Can't Score New Trial After $384M Patent Loss
Clinical lab giant Labcorp has failed to land a new trial in front of U.S. District Judge Alan Albright after a $384.4 million patent infringement judgment against it in a case over a method for testing for genetic disorders during pregnancy.
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February 12, 2025
Paraquat Plaintiffs Urge 7th Circ. To Revive MDL Suits
Four plaintiffs who were set for bellwether trials in multidistrict litigation targeting the herbicide paraquat argued Wednesday that the Seventh Circuit should unwind their summary judgment losses because the district court's ruling was based on "core misunderstandings" about their expert's evidentiary requirements.
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February 12, 2025
RI Judge Won't Pause Order To Unfreeze Funds Amid Appeal
A Rhode Island federal judge refused Wednesday to pause a court order blocking a freeze on funding for federal grants and programs while the Trump administration appeals the ruling to the First Circuit.
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February 12, 2025
Ga. Judge Trims Untimely Paragard IUD Claims From MDL
The Georgia federal judge overseeing the sprawling multidistrict litigation over alleged defects in Paragard intrauterine devices agreed Tuesday to dismiss as untimely dozens of claims against Teva Pharmaceutical and Cooper Cos. from patients in eight states.
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February 12, 2025
Boston's Opioid Damages Claims Tossed As Too Late
Boston waited too long to sue a group of drug benefits intermediaries over their alleged roles in the opioid crisis, a Massachusetts federal judge said in dismissing the city's complaint Tuesday.
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February 12, 2025
Red Cross Can't Knock Out Vax Refuser's Religious Bias Suit
A Michigan federal judge declined Wednesday to declare a victor in a suit from a Christian nurse who claimed the American Red Cross unlawfully fired her for rejecting its COVID-19 vaccine mandate, saying the case — which was recently revived by the Sixth Circuit — should go to a jury.
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February 12, 2025
Hospital Says It Should've Had Immunity In 'Maya' Case
Johns Hopkins All Children's Hospital told a Florida appeals court Wednesday that the lower court "profoundly misconstrued" immunity Florida law grants to those who report suspicions of child abuse, which allowed a jury to award $261 million to Maya Kowalski, the subject of a Netflix documentary, for her mother's suicide.
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February 12, 2025
Tribal Healthcare In Danger Due To Hiring Freeze, Letter Says
The top Democratic ranking members for subcommittees that oversee federal funding for the Indian Health Service are demanding the U.S. Department of Health and Human Services intervene to stop cuts to the agency's workforce, saying without it Indigenous communities' access to needed services is in jeopardy.
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February 12, 2025
Conn. Opposes Bankrupt Prospect Medical's 'Plunder'
Prospect Medical Holdings Inc. must be held accountable for harm that the hospital operator caused in Connecticut, but first, its three facilities in the state need to quickly transition to new ownership, the offices of the attorney general and the governor told a Dallas bankruptcy judge.
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February 12, 2025
House GOP Eyes Medicaid Cuts, Work Requirements
House Republicans set their sights on potential cuts and changes to Medicaid on Wednesday, arguing Congress and Elon Musk's Department of Government Efficiency should target improper payments, institute work requirements and repeal a Biden-era rule that made enrolling in the federal healthcare program easier.
Expert Analysis
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Unpacking HHS' Proposal To Amend HIPAA Security Rule
While the U.S. Department of Health and Human Services' proposal to amend the Health Insurance Portability and Accountability Act's security rule could face scrutiny under the Trump administration, it reflects a clear concern over health data security and could push entities to implement operational changes, say attorneys at Sheppard Mullin.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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What To Do When ICE Shows Up At The Hospital
In light of recent executive orders and changes to enforcement directives permitting U.S. Immigration and Customs Enforcement agents to enter sensitive locations like hospitals, healthcare providers should understand how to balance compliance with existing health laws and patient care obligations, say attorneys at Davis Wright.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Preparing For A Possible End To The Subminimum Wage
The U.S. Department of Labor's proposed rule to end the subminimum wage for employees with disabilities may significantly affect the community-based rehabilitation and training programs that employ these workers, so certified programs should be especially vigilant about compliance during this period of evaluation and scrutiny, say attorneys at Jackson Lewis.
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The Risk And Reward Of Federal Approach To AI Regulation
The government has struggled to keep up with artificial intelligence's furious pace, but while an overbroad federal attempt to adopt a more unified approach to regulating AI poses its own risks, so does the current environment of regulatory uncertainty, say attorneys at Covington.
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Drug Pricing Policy Trends To Expect In 2025 And Beyond
Though 2025 may bring more of the same in the realm of drug pricing policy, business as usual entails a sustained, high level of legal and policy developments across at least six major areas, say attorneys at Ropes & Gray.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Top 10 Healthcare And Life Sciences Issues To Watch In 2025
Under the new Trump administration, this coming year may benefit some healthcare and life sciences stakeholders, while creating new challenges for others amid an increasingly complex regulatory environment, say attorneys at Debevoise.
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Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits
The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.
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4 Keys To Litigating In An Active Regulatory Environment
For companies facing litigation influenced by government regulatory action — a recent trend that a politically charged atmosphere will exacerbate — there are a few principles that can help to align litigation strategy with broader public positioning in the regulatory and oversight context, say attorneys at Jenner & Block.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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2025 May Be A Breakout Year For The Cannabis Industry
The cannabis industry faced a slow and frustrating 2024, but consumer trends continue to shift in favor of cannabis, and the new administration may provide the catalyst that the industry needs, says Lynn Gefen at TerrAscend.