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July 26, 2024
Abbott Owes $495M In Baby Formula Bellwether Trial
A Missouri jury awarded $95 million in compensatory damages and $400 million in punitive damages Friday over bellwether claims that Abbott Laboratories' baby formula caused a premature baby to suffer a fully disabling condition.
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July 26, 2024
Fla. Top Court Petitioned To Review 'Misleading' Abortion Info
A Florida coalition petitioned the state's high court to review a proposed financial impact statement that officials attached to an upcoming ballot measure legalizing abortions up to 24 weeks of pregnancy, saying the language is misleading and shouldn't be used to manipulate voters one way or the other.
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July 26, 2024
Ohio Jury Must Consider Brain Injury Patient's Mental State
An Ohio appeals court has reinstated a suit accusing doctors of causing a man's catastrophic brain injury due to medical negligence, saying it should be up to a jury to decide whether the applicable filing deadlines can be tolled due to the man's purported mental incompetence.
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July 26, 2024
'Worthless' Insurance Scam Gets Telemarketing CEO 25 Years
An Illinois federal judge has sentenced the owner of a telemarketing company to 25 years in federal prison for scheming with another former executive to sell consumers health insurance plans with low coverage caps.
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July 26, 2024
Judge Allows Emotional Damages In Deaf Patient's Bias Suit
A Michigan federal judge has reversed course in a suit by a deaf woman who alleges she was discriminated against when Henry Ford Health System denied her an interpreter, saying she'd been mistaken in a prior order when she only considered if compensatory emotional distress damages were available under federal law.
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July 26, 2024
Fired Doc Can Pursue Claims Against Atty Over Award Error
A Michigan state appeals court has ruled a doctor may pursue malpractice claims against the attorney who represented him during arbitration proceedings in an underlying wrongful termination suit after she allegedly failed to catch the arbitrator's miscalculation of the award, reportedly resulting in a $2.5 million loss.
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July 26, 2024
Healthcare Software Co. Must Face Trimmed Data Hack Suit
NextGen Healthcare will face a slimmed-down version of a proposed class action filed against it by customers who say their data was exposed in a 2023 data hack after a Georgia federal judge on Thursday tossed several state data privacy and consumer protection claims levied against the software company.
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July 26, 2024
Data Co. Told To Turn Over Contracts In Kochava Case
A D.C. federal judge plans to order TargetSmart to turn over supplier contracts to the Federal Trade Commission in the agency's case against TargetSmart client Kochava on Friday, after TargetSmart's attorney said she was "99% sure that there was no due diligence done by Kochava" regarding the data's provenance.
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July 26, 2024
Indivior To Pay $86M To Settle Opioid Claims By 5 States
Indivior will pay $86 million to settle claims by a group of state attorneys general over the drugmaker's alleged contributions to the American opioid crisis.
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July 26, 2024
Health Worker Says Home Insurer Must Cover Privacy Row
A woman accused of unlawfully accessing confidential patient information and disseminating it to others while working for the Yale New Haven Health System told a Connecticut federal court that her homeowner insurer owes coverage for the lawsuit, noting her policies define "personal injury" to include "invasion of privacy."
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July 26, 2024
Hospital Can't Shift Shooting Liability To ER Group
A Michigan appellate panel has affirmed that Trinity Health Corp. can't make an emergency-room physicians practice defend it against lawsuits stemming from a shooting outside a Chicago hospital that killed one of the practice's ER doctors.
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July 26, 2024
9th Circ. Says Online Posts Can Count As Work Harassment
The Ninth Circuit breathed new life into a psychologist's suit alleging the Federal Bureau of Prisons failed to stop a correctional officer from creating sexist and threatening social media posts about her, ruling a lower court erroneously determined the online content didn't amount to workplace harassment.
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July 26, 2024
Rising Star: Goodwin's Peter Hanoian
Peter G. Hanoian of Goodwin Procter LLP advised Webster Equity Partners on the formation of Retina Consultants of America and its initial financing and acquisition of five specialty practices for about $350 million, earning him a spot among the healthcare law practitioners under age 40 honored by Law360 as Rising Stars.
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July 25, 2024
3rd Circ. Again Tosses J&J Talc Unit's 'Texas Two-Step' Ch. 11
The Third Circuit on Thursday affirmed the dismissal of the reworked Chapter 11 case of Johnson & Johnson's talc unit that used a controversial "Texas two-step" maneuver, saying the company still hasn't displayed the financial distress required to justify bankruptcy protection.
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July 25, 2024
Mich. Justices Roll Back Expert Limits For Med Mal Plaintiffs
A split Michigan Supreme Court on Thursday partly overturned a nearly 20-year-old standard that made it harder for medical malpractice plaintiffs to introduce expert testimony, as dissenting justices warned the change could unleash a cascade of new appeals.
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July 25, 2024
Mich. Jury Awards $8.5M For Missed Cancer Diagnosis
A Michigan federal jury awarded more than $8.5 million in damages Wednesday to a man who died of kidney cancer, finding that a doctor at a cancer clinic missed an opportunity to diagnose the cancer before it spread to his brain.
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July 25, 2024
Radiologist Leans On Muldrow At 1st Circ. Bias Arguments
A newly minted First Circuit judge dove enthusiastically into his first oral argument session Thursday, lobbing questions at a Boston medical center and a radiologist who said her discrimination and whistleblower case should be revived in part because of an April U.S. Supreme Court decision.
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July 25, 2024
'AntiVaxMomma' Gets Jail Time, Despite Duress Claim
A Manhattan judge sentenced a woman to at least 1½ years in jail Thursday for selling fake COVID-19 immunization credentials under the Instagram handle "AntiVaxMomma," rejecting the defendant's claim that she didn't have enough time to weigh a plea offer before admitting her guilt.
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July 25, 2024
Wash. High Court Tosses Nurse's Religious Bias Lawsuit
A state-run residential care facility was allowed to fire a nurse who kept requesting religious leave after the facility had already given her nine days off to practice nondenominational Christianity — seven more religious days than its union contract required, Washington state's high court ruled Thursday.
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July 25, 2024
Loeb & Loeb Says Ex-GC's Sanctions Motion Is Bogus
Loeb & Loeb LLP urged a Colorado federal judge Wednesday to reject a former general counsel's allegations that it deliberately sent a thumb drive of documents that aren't text searchable, saying they are actually searchable and would have otherwise sent over 64,000 physical pages that weren't.
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July 25, 2024
4th Circ. Vacates FTC Loss After Novant Bows Out Of Merger
The Fourth Circuit has agreed to vacate a North Carolina federal judge's ruling allowing Novant Health's planned $320 million hospital merger to advance after the Federal Trade Commission secured an emergency injunction on appeal that effectively killed the deal.
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July 25, 2024
Deals Rumor Mill: Wiz-Google, Daily Telegraph, Medline IPO
Cybersecurity startup Wiz has rebuffed a buyout offer from Google, former British finance minister Nadhim Zahawi is preparing a $773 million bid for the Daily Telegraph, and medical supplies giant Medline is preparing an initial public offering for 2025. Here, Law360 breaks down these and other notable deal rumors from the past week.
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July 24, 2024
FTC Chair Wary AI Tools Can Be Used For Corporate Collusion
Federal Trade Commission Chair Lina Khan weighed in on a host of topics during a discussion Wednesday at the Ninth Circuit Judicial Conference, expressing concerns about the agency's high legal bills for expert witnesses and describing AI price-setting tools as a potential loophole for collusion.
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July 24, 2024
Native Hawaiian Midwives Gain Relief From Licensing Law
A Hawaii judge blocked parts of a state law regulating midwives Tuesday, ruling it violates the constitutional rights of Native Hawaiians by denying them a reasonable pathway to securing approval for traditional prenatal care.
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July 24, 2024
DC Circ. Nixes Medicare Hospital Inpatient Payment Rule
The D.C. Circuit has vacated a U.S. Department of Health and Human Services rule that inflated Medicare reimbursements for inpatient care at low-wage hospitals, saying the agency made an "unprecedented, expensive, broad, and possibly never-ending" change to a policy articulated by Congress.
Expert Analysis
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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'Food As Health' Serves Up Fresh Legal Considerations
The growth of food as medicine presents a significant opportunity for healthcare organizations and nontraditional healthcare players to improve patient outcomes and reduce costs, though these innovative programs also bring compliance considerations that must be carefully navigated, say attorneys at McDermott.
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DC Circ. Ruling Heightens HHS Contract Pharmacy Challenges
The D.C. Circuit's recent ruling that the Section 340B program does not bar manufacturers from restricting deliveries of discounted drugs to contract pharmacies represents a second strike against the U.S. Department of Health and Human Services' current contract pharmacy policy and raises the stakes surrounding an upcoming Seventh Circuit ruling on the same issue, say attorneys at Foley Hoag.
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FTC Theories Of Harm After Anesthesia Co. Ruling
As Federal Trade Commission litigation against U.S. Anesthesia Partners proceeds following a Texas federal court's recent decision to dismiss a private equity sponsor from the suit, the case attempts to incorporate and advance some of the commission's theories of competitive harm from the final 2023 Merger Guidelines, say attorneys at Mintz.
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9th Circ. COVID 'Cure' Case Shows Perks Of Puffery Defense
The Ninth Circuit's March decision in a case surrounding a company's statements about a potential COVID-19 cure may encourage defendants to assert puffery defenses in securities fraud cases, particularly in those involving optimistic statements about breakthrough drugs that are still untested, say attorneys at Cahill Gordon.
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FTC Focus: Exploring The Meaning Of Orange Book Letters
The Federal Trade Commission recently announced an expansion of its campaign to promote competition by targeting pharmaceutical manufacturers' improper Orange Book patent listings, but there is a question of whether and how this helps generic entrants, say Colin Kass and David Munkittrick at Proskauer.
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Investors Can Aid In The Acceptance Of Psychedelic Medicine
Psychedelic medicine is ready to have its breakthrough moment, and although it still faces political, legal and communications challenges, private equity investors can play a significant role in changing the public perception on psychedelics from taboo to acceptance, say Kimberly Chew at Husch Blackwell, Charlie Panfil at the Daschle Group and Ethan Lutz at FTI Consulting.
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Class Actions At The Circuit Courts: May Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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3rd Circ.'s Geico Ruling May Encourage Healthcare Arbitration
The Third Circuit's recent decision in Geico v. Mount Prospect, finding that claims under New Jersey's Insurance Fraud Prevention Act can be arbitrated, strengthens arbitration as a viable alternative to litigation, even though it is not necessarily always a more favorable forum, say Khaled Klele and Jessica Osterlof at McCarter & English.
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Proposed Cannabis Reschedule Sidesteps State Law Effects
The U.S. Department of Justice's recent proposal to move cannabis to Schedule III of the Controlled Substances Act provides certain benefits, but its failure to address how the rescheduling would interact with existing state cannabis laws disappointed industry participants hoping for clarity on this crucial question, says Ian Stewart at Wilson Elser.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.