Health

  • November 06, 2024

    Natera Declared 'War' On Guardant, Jury Told At Trial's Start

    Guardant on Wednesday told a California federal jury during opening statements in its false advertising lawsuit that rival Natera saw Guardant's competing colorectal cancer detection test as "an existential threat" and declared "war" while Natera maintained that its ads to doctors comparing the tests were meant "to educate, not deceive."

  • November 06, 2024

    Fla. Can't Reclaim Medicaid Payments On Immigrant Care

    A Florida appeals court on Wednesday reaffirmed a previous decision that the state Agency for Health Care Administration cannot claw back asserted overpayments of Medicaid funds hospitals received for emergency services provided to eligible unauthorized immigrants, ruling in the class action that a statutory change did not overrule the decision but merely clarified the law.

  • November 06, 2024

    Albertsons Hit With Discovery Sanctions In Wash. Opioid Suit

    A Washington state judge has partially granted the state's sanctions request in its suit accusing Albertsons of exacerbating the opioid crisis, agreeing that the grocery store chain took an "unreasonable" stance in refusing to respond to outstanding discovery requests because a deadline had passed while the case was paused.

  • November 06, 2024

    After Electoral Defeats, Cannabis Advocates Eye Next Steps

    Cannabis industry advocates and reform activists struck a note of cautious optimism Wednesday following an expected Republican electoral sweep of the federal government, while opponents of legalization touted the defeat of multiple statewide ballot measures as proof of their position that marijuana reform efforts were losing support.

  • November 06, 2024

    Sanctioned Supplier, Abbott Strike Deal Over TM Judgment

    Abbott Laboratories has resolved a dispute with a diabetes test-strip wholesaler that was ordered to pay Abbott $33.4 million after committing discovery misconduct, with the parties saying they've agreed to a settlement after a federal appeals court upheld Abbott's default win in September. 

  • November 06, 2024

    Netflix Jury Will Hear Victim ID Evidence In 'Our Father' Trial

    An Indiana federal judge ruled Wednesday that Netflix Inc. can't exclude evidence of third-party statements in a suit accusing the entertainment giant of wrongly revealing the identities of the biological children of a rogue fertility doctor in the "Our Father" documentary, saying the statements were not inadmissible hearsay.

  • November 06, 2024

    Mom Files $25M Med Mal Suit Against Feds Over Son's Death

    The mother of a 39-year-old who died of blood clot in his lung sued the federal government for $25 million on Wednesday, alleging that the doctors at a government-funded hospital failed to properly diagnose and treat him in the weeks before his death.

  • November 06, 2024

    Feds Fight Philly Injection Site Group's 3rd Circ. Appeal

    The U.S. Department of Justice has urged the Third Circuit to preserve its win in preventing an overdose prevention organization from opening a supervised safe-injection site in Philadelphia, arguing that a lower court correctly ruled that the group is not a religious organization eligible for federal protection.

  • November 06, 2024

    Data Tracking Suit Against California Hospital Gets 'Last' Try

    A California federal judge gave a plaintiff "one last opportunity" to amend her proposed class action accusing Santa Clara Valley Medical Center of unlawfully sharing sensitive data with Meta and Google through online tracking tools embedded in its website and patient portal.

  • November 06, 2024

    5 Firms Guide $4.6B Cencora-Retina Consultants Deal

    Freshfields, Sidley Austin LLP and Morgan Lewis & Bockius LLP are guiding Cencora Inc. on an agreement to acquire Retina Consultants of America from Webster Equity Partners for $4.6 billion in cash, Cencora said Wednesday.

  • November 06, 2024

    Mass. Tobacco Law's Penalty Provision Hits State's Top Court

    Massachusetts' highest court on Wednesday attempted to reconcile a state law mandating a $1,000 fine for selling flavored tobacco products with a separate statute requiring local officials to file a criminal complaint if they seek to enforce penalties of that amount.

  • November 06, 2024

    Business Groups Urge Calif. Justices To Nix HIV Drug Ruling

    Business groups led by the U.S. Chamber of Commerce are asking the California Supreme Court to throw out a suit alleging Gilead Sciences Inc. deprived customers of a safer form of its HIV drug for profits, saying the current ruling creates an untenable duty and liability even when there's no harmful defect in a product.

  • November 06, 2024

    What A Second Trump Term Could Mean For FDA And CPSC

    The historic reelection of former President Donald Trump could lead to shake-ups at the U.S. Food and Drug Administration and the U.S. Consumer Product Safety Commission, while questions remain about what policies he will enact.

  • November 06, 2024

    Gordon Rees Unveils Silicon Valley Office, Its 11th In Calif.

    Gordon Rees Scully Mansukhani LLP has opened its newest California office in Palo Alto, in an effort to strengthen the firm's presence in Silicon Valley by providing a "collaboration hub" for attorneys there and a new access point for local clients to connect with the firm's national platform.

  • November 06, 2024

    Minn. Justices Spare Drug Wholesaler From Tax On Rebates

    A Minnesota drug wholesaler does not owe tax on money it rebated to customers under contractual agreements, the state Supreme Court ruled Wednesday, upholding a tax court ruling.

  • November 06, 2024

    Montana Voters Approve Constitutional Right To Abortion

    Montana voters approved a constitutional amendment Tuesday that protects the right to abortion until fetal viability, around the 23rd or 24th week of pregnancy, and bars the government from punishing doctors or those who receive abortions.

  • November 05, 2024

    How The Patent System May Look After Trump's Return

    The U.S. Patent and Trademark Office during Donald Trump's first term as president focused on making the invalidation of patents more difficult, and attorneys say his second administration is likely to do the same following his projected reelection. 

  • November 05, 2024

    Trump Has Official Immunity. What About His Aides?

    Whether the U.S. Supreme Court's decision on presidential immunity extends to subordinates who follow a president's orders has become a more pressing question in the wake of Donald Trump's projected election win, according to legal experts.

  • November 05, 2024

    How Trump Can Quash His Criminal Cases

    Donald Trump's projected victory at the polls also translates to a win in the courts, as the second-term president will have the power to end both of his federal criminal cases. And the U.S. Supreme Court's decision on presidential immunity would shield him from any consequences for ordering his charges to be dismissed, experts say.

  • November 05, 2024

    An Early Look At Trump's Supreme Court Shortlist

    With former President Donald Trump projected to win the 2024 presidential election and the Republicans' success in securing the U.S. Senate majority, Trump may now get the chance to appoint two more justices to the U.S. Supreme Court, cementing the court's conservative tilt for decades to come.

  • November 05, 2024

    GOP's Senate Win Hands Future Of The Judiciary To Trump

    Republicans were projected to take back the White House and Senate and possibly the House early Wednesday, putting the GOP in position to back Donald Trump's agenda and his slate of young, conservative judicial nominees. 

  • November 05, 2024

    The Firms With An Inside Track To A New Trump Admin

    Law firms that have represented Donald Trump and the Republican Party on everything from personal legal woes to election-related lawsuits could see the risks of that work pay dividends as Trump is projected to secure a second term in office.

  • November 05, 2024

    Ex-US Attorney Wins Wash. Attorney General Race

    Seattle's former U.S. attorney Nick Brown will become Washington's next attorney general and the first Black man to hold the position, beating a mayor from the eastern part of the state who ran on his record as a gun rights advocate, the Associated Press projects.

  • November 05, 2024

    Voters Pass Medicaid Tax In Calif., Support IVF Coverage In Ill.

    A tax on managed care organizations in California and an Illinois advisory question supporting access to in vitro fertilization won voter approval Tuesday as state-level ballot measures were set to shape healthcare policy across the country, according to unofficial election returns.

  • November 05, 2024

    Cannabis And Psychedelic Reform Bids Fail In Multiple States

    Efforts to liberalize cannabis and psychedelic laws via ballot initiatives met with defeat in multiple states on Election Day, dealing a blow to reformers of drug policies.

Expert Analysis

  • Key Healthcare Issues That Hinge On The Election Outcome

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    The 2024 presidential race, while not heavily dominated by healthcare issues compared to past elections, holds significant implications for the direction of healthcare policy in a potential Harris or Trump administration, encompassing issues ranging from Medicare to artificial intelligence, says Miranda Franco at Holland & Knight.

  • Patent Lessons From 4 Federal Circuit Reversals In September

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    Cases that were reversed or vacated by the Federal Circuit last month provide helpful clarity on collateral estoppel, patent eligibility, construction of claim terms that have different boundaries across different claims, and the role of courts as neutral arbiter, say attorneys at Bunsow De Mory.

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

  • Fostering Healthcare Industry Success With Joint Ventures

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    As the healthcare industry continues to evolve, joint ventures remain a key strategy to unite health systems, private equity firms and physician practices in leveraging their collective strengths to foster innovation and improve patient care, say Carole Becker and Travis Jackson at McDermott.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • Webuild Ruling Complicates Arb. Award Enforcement In US

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    A Delaware federal court's recent decision in Sociedad Concesionaria Metropolitana de Salud v. Webuild, if read literally, could undercut the United States' image as a proarbitration jurisdiction by complicating creditors' efforts to enforce awards against property in this country, says Jeff Newton at Omni Bridgeway.

  • How 2 Proposed Bills Could Transform Patent Law

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    The Patent Eligibility Restoration Act and the Prevail Act may come up for vote by the Senate Judiciary Committee after the election, and both offer benefits and challenges for inventors and companies seeking to obtain patents, says Philip Nelson at Knobbe Martens.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Tobacco Surcharge Suits Spotlight Wellness Reg Compliance

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    A mounting wave of tobacco-user surcharge litigation against employee benefit plans highlights compliance challenges associated with the Health Insurance Portability and Accountability Act wellness regulations, and reminds plan sponsors to ask existential questions about the utility of their wellness programs, say Finn Pressly and Lesley Wolf at Ballard Spahr.

  • The Key To Solving High Drug Costs Is Understanding Causes

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    One-sided views on who or what contributes to the high cost of pharmaceuticals render possible solutions much harder to discover and implement, and a better approach would be to examine history and learn why costs have increased and what legislation has and hasn't helped, says Nancy Linck at NJ Linck Consulting.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • Avoiding Merger Disputes Via Careful LLC Agreement Drafting

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    The Delaware Court of Chancery recently upheld a merger in a dispute over the process of amending the target's limited liability company agreement, underscoring the importance of understanding the Delaware LLC Act default rules and careful drafting to allow for contractual modifications, says Jane Trueper at Lathrop.

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