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August 02, 2024
5th Circ. Upholds Challenge To Surprise Medical Billing Rule
The Fifth Circuit on Friday affirmed wins for plaintiffs challenging provisions of a federal surprise medical billing rule that relate to payment fights between out-of-network providers and health insurers, agreeing with a Texas federal judge that the rule places "a thumb on the scale" in insurers' favor.
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August 02, 2024
Fla.'s Trans Healthcare Ban Violates Title VII, Judge Says
A Florida federal judge has ruled the state's Department of Management Services illegally excluded gender-affirming treatment for transgender employees under state-sponsored health benefits plans, finding the state's exclusion only applies to trans individuals and is facially discriminatory under Title VII of the Civil Rights Act.
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August 02, 2024
Hospital Says 'Maya' Case Shouldn't Have Gone To Jury
Johns Hopkins All Children's Hospital Inc. asked a Florida appeals court on Friday to undo a $208 million judgment for the family of Maya Kowalski, the girl at the heart of the Netflix documentary "Take Care of Maya," arguing that their claims that the hospital's treatment of Maya caused her mother's suicide should never have gone to a jury.
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August 02, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
In this inaugural edition of Wheeling & Appealing, Law360 recaps recent appellate opinions that made waves, quizzes readers about a new word for judicial grievances, and previews August arguments in circuit courts over controversial wage rules and a seven-figure attorney fee award after a digital age intellectual property trial.
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August 02, 2024
6th Circ. Upholds Federal Hospital's Win In Infant Death Suit
The Sixth Circuit has affirmed a judgment in favor of a U.S. government-funded hospital in a suit by a woman alleging malpractice caused the death of her son shortly after birth, finding the evidence supported a Kentucky federal judge's conclusion that doctors did not neglect the woman or the infant during delivery.
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August 02, 2024
US Cannabis Policy Thwarts Research, Health Officials Say
A recent report from federal health regulators confirms what cannabis reform advocates have long said, that placing marijuana in the most restrictive tier under the federal Controlled Substances Act has hindered researchers' ability to study the drug's potential benefits and risks.
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August 02, 2024
McKinsey's $78M Opioid Deal With Health Plans Gets OK
A California federal judge said Friday he'll approve McKinsey & Co. Inc.'s $78 million deal to resolve claims on behalf of approximately 42,000 third-party payors, with class counsel receiving $15.1 million in fees, after the initial settlement was tweaked due to objections from some plaintiffs' attorneys.
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August 02, 2024
2nd Circ. Backs Conviction Over Fake-Therapy Scheme
The Second Circuit on Friday refused to overturn the conviction of a therapist who was found guilty of bilking a New York state program for developmentally disabled children, saying the trial court didn't err in declining to excuse a juror who had loose ties to a government witness.
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August 02, 2024
Judge Rejects Intervenors In Religious Workers' Vax Deal Bid
Women who opted out of or objected to a recently vacated $10.5 million deal between Ascension Health Alliance and workers who allege the company retaliated or fired them for seeking COVID-19 vaccine exemptions cannot now intervene in the renewed bid for settlement approval, a Michigan federal judge has ruled, finding their request untimely.
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August 02, 2024
Family Denied Quick Win In Insurer's $2M Nursing Home Suit
An insurer for a now-bankrupt Georgia nursing home doesn't have to cover a $2.1 million judgment awarded to the family of a woman who died in the facility's care, a federal judge ruled Friday, finding an agreement between the facility and the family released the facility from all liability.
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August 02, 2024
Patients Ink $1M Deal To Settle Pharmacy Data-Breach Claims
A home-delivery pharmacy service struck by a data breach in 2021 has agreed to pay $1 million to settle a class action brought by plaintiffs whose personal information was compromised, according to a Friday filing.
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August 02, 2024
3rd Circ. Backs Ex-NJ Firefighter's $50M Drug Fraud Sentence
The Third Circuit backed the eight-year prison sentence handed to a former New Jersey firefighter convicted for his role in a $50 million healthcare fraud scheme, rejecting his argument he was wrongly punished for taking his case to trial.
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August 02, 2024
4 ERISA Excessive Health Fee Suits To Watch
The Third Circuit will decide whether to revive a suit from MetLife workers alleging their pharmacy benefits were mismanaged, while suits proceed in district court against Wells Fargo and Johnson & Johnson alleging they violated the Employee Retirement Income Security Act via high drug costs a pharmacy benefit manager charged workers. Here, Law360 looks at four cases involving claims that employers violated ERISA by charging high healthcare costs — including for prescription drugs — that attorneys are watching.
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August 02, 2024
Colo. Appeals Panel Rejects Lower Tax Rate For Hospital
A Colorado rehabilitation hospital should be classified as a commercial property for tax purposes because it was predominantly designed for its services and not for residency, a state appeals court said, reversing a state assessment board.
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August 02, 2024
Privacy & Cybersecurity Midyear Report: 4 Areas To Watch
New York and Colorado shook up the data privacy landscape by enacting groundbreaking laws protecting children online and clamping down on high-risk uses of artificial intelligence during the first half of 2024, and both states and the federal government are expected to devote considerable attention to these areas in the coming months.
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August 02, 2024
Akin Debuts AI Law & Regulation Info Tracker
Global BigLaw firm Akin Gump Strauss Hauer & Feld LLP launched a tracker to help monitor changing policies related to artificial intelligence in various fields including intellectual property, data privacy, health and national security.
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August 02, 2024
PTAB Told To Punish Mylan For Allegedly Breaking Fintiv Vow
Novo Nordisk is urging the Patent Trial and Appeal Board to sanction Mylan for pursuing claims to invalidate a patent covering the blockbuster diabetes and weight loss drug Ozempic in Delaware district court, despite an explicit promise not to do so.
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August 02, 2024
More Tribes Suing Social Media For Teen Addiction, Suicides
Two more Native American tribes have filed suit against a slew of social media companies, alleging that over the past decade they've contributed to a growing body of research that directly links their platforms to a youth mental health crisis that's plaguing Indian Country.
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August 02, 2024
Monitor Says HCA Possibly Flouted Promises In Hospital Deal
The independent monitor tasked with ensuring HCA Healthcare has complied with an agreement that cemented its $1.5 billion acquisition of a North Carolina health system has said the for-profit network may have deviated from those promises, according to a new report.
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August 02, 2024
3 Candidates In Running To Replace Washington AG
Washington voters on Tuesday will narrow the candidates aspiring to become the state's next attorney general, choosing from among a former U.S. attorney, a state lawmaker who was a county prosecutor, as well as a mayor and attorney who is a gun rights advocate.
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August 02, 2024
Four Plaintiffs Tossed From Merck Gardasil Vaccine MDL
A North Carolina federal judge has thrown out claims from four patients in multidistrict litigation alleging they suffered injuries as a result of taking Merck's Gardasil HPV vaccine, saying three of them didn't file a petition with the federal vaccine injury program on time, while the fourth never filed his petition at all.
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August 02, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen insurance broker Marsh sue the collapsed Greensill Bank, the former chair of the Islamic Students Association of Britain pursue a defamation case against the Jewish Chronicle, Berkshire Hathaway and Lloyd's face action from a shipping company, and alleged fraudster Ronald Bauer hit a loan company with a claim. Here, Law360 looks at these and other new claims in the U.K.
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August 01, 2024
MultiPlan, Insurance Cos. Must Face Collusion MDL In Illinois
The Judicial Panel on Multidistrict Litigation on Thursday centralized in Chicago six class actions challenging the MultiPlan pricing tools that healthcare providers allege are used by UnitedHealth, Aetna, Cigna and other major insurers to systematically underpay out-of-network providers, with more than a dozen similar lawsuits potentially tagging along.
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August 01, 2024
Staffing Agency Not Covered In Pay Law Row, Insurer Says
An insurer told a Washington federal court that it has no obligation to cover a home healthcare staffing agency in an underlying proposed class action accusing the agency of violating the Washington Equal Pay and Opportunities Act, maintaining that the underlying allegations fall outside the scope of its policy.
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August 01, 2024
House Workforce Chair Wants Mental Health Parity Regs Axed
The Republican chairwoman of the House Education and the Workforce Committee told the U.S. Department of Labor on Thursday it should not finalize regulations that aim to encourage employer compliance with a law requiring equitable mental health and substance use disorder treatments coverage, stating the rule burdens businesses.
Expert Analysis
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Online Portal Helps Fortify Feds' Unfair Health Practices Fight
The Federal Trade Commission, U.S. Justice Department and the U.S. Department of Health and Human Services recently launched an online portal where the public can report potentially unfair healthcare practices, effectively maximizing enforcers' abilities to police anti-competitive actions that can drive up healthcare costs and chill innovation, say attorneys at Seyfarth.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Wave Of Final Rules Reflects Race Against CRA Deadline
The flurry of final rules now leaping off the Federal Register press — some of which will affect entire industries and millions of Americans — shows President Joe Biden's determination to protect his regulatory legacy from reversal by the next Congress, given the impending statutory look-back period under the Congressional Review Act, say attorneys at Jenner & Block.
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McKesson May Change How AKS-Based FCA Claims Are Pled
The Second Circuit’s analysis in U.S. v. McKesson, an Anti-Kickback Statute-based False Claims Act case, provides guidance for both relators and defendants parsing scienter-related allegations, say Li Yu at Dicello Levitt, Ellen London at London & Stout, and Erica Hitchings at Whistleblower Law.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Considering CGL Defense For Social Media Addiction Claims
A recent lawsuit filed in California state court against Meta seeks damages from technology companies for the costs of treating children allegedly suffering from social media addiction, but the prospects of defense coverage under commercial general liability insurance policies for a potential new wave of claims look promising, say Craig Hirsch and Tae Andrews at Pasich.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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9th Circ. Ruling Puts Teeth Into Mental Health Parity Claims
In its recent finding that UnitedHealth applied an excessively strict review process for substance use disorder treatment claims, the Ninth Circuit provided guidance on how to plead a Mental Health Parity and Addiction Equity Act violation and took a step toward achieving mental health parity in healthcare, says Mark DeBofsky at DeBofsky Law.
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Breaking Down DOJ's Individual Self-Disclosure Pilot Program
The U.S. Department of Justice’s recently announced pilot program aims to incentivize individuals to voluntarily self-disclose corporate misconduct they were personally involved in, complementing a new whistleblower pilot program for individuals not involved in misconduct as well as the government's broader corporate enforcement approach, say attorneys at Paul Weiss.
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Ch. 11 Case Shows Why Plan Acceptance Procedures Are Key
Sunland Medical's recent liquidation plan proposal is an important example of how top-notch judges and attorneys propose and analyze complex issues during the confirmation process, and the bankruptcy court was forward-thinking to consider the implications of such proposed treatment in the face of the Bankruptcy Code, says Kyle Arendsen at Squire Patton.
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Cos. Must Prepare For Calif. Legislation That Would Ban PFAS
Pending California legislation that would ban the sale or distribution of new products containing intentionally added per- and polyfluoroalkyl substances could affect thousands of businesses — and given the bill's expected passage, and its draconian enforcement regime, companies must act now to prepare for it, say attorneys at Alston & Bird.
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FDA Warning Letter Tightens Reins On 'Research Only' Labels
A recent warning letter from the U.S. Food and Drug Administration to Agena Bioscience alleged the company’s diagnostic devices were labeled for research use only, but improperly promoted for human clinical purposes, signifying a reinforcement — and a potential narrowing — of the agency's policy on products labeled “research only,” say attorneys at Sheppard Mullin.
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Behind Indiana's Broad New Healthcare Transactions Law
The high materiality threshold in Indiana's recently passed healthcare transaction law, coupled with the inclusion of private equity in its definition of healthcare entities, makes it one of the broadest state review regulations to date, say attorneys at DLA Piper.