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Health
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August 07, 2024
Shuttered Firm Partner Pulls $9.5M Fee Fight Out Of Arbitration
An Illinois appeals court has reversed the transfer to partial arbitration of a suit accusing a personal injury firm name partner of defrauding the other name partner by collecting $9.5 million in fees shortly before the firm's dissolution, saying the firm's operating agreement with an arbitration clause was superseded by the dissolution agreement.
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August 07, 2024
Advocates Tell 9th Circ. To Revive Invisalign Monopoly Suit
Competition advocates are backing the revival of a class action accusing the makers of Invisalign of monopolizing the market for clear dental aligners, telling the Ninth Circuit in a new amicus brief that a district court summary judgment ruling for Align Technology creates a dangerous precedent for refusal-to-deal cases.
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August 07, 2024
Philly Hospital Hit With $45M Verdict For Teen Gunshot Patient
A Philadelphia County jury awarded nearly $45 million to a mother and her 19-year-old son in a lawsuit accusing Temple University Hospital of conducting inadequate swallowing tests after he was shot in the neck, leading him to choke when he went home, according to a docket entry made Wednesday.
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August 07, 2024
NC Hospital Can't Avoid Doc's False Report Claims
A North Carolina federal court should only throw out part of a doctor's lawsuit alleging his former employer made a false report to a federal oversight board about an internal investigation, a magistrate judge has recommended, reasoning that the physician plausibly claimed his reputation and business prospects were harmed.
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August 07, 2024
NC Biz Court Bulletin: The Battles Making Summer Sizzle
A 1983 championship basketball team's intellectual property rights and a public feud between Cadwalader Wickersham & Taft LLP and its insurer are among the legal battles that have kept North Carolina Business Court judges and Tar Heel state private practice attorneys busy this summer. In case you missed those and others, here are the highlights.
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August 07, 2024
Amgen Waged Lawfare To Overcharge For Drug, Suit Claims
Maryland-based independent licensees of the Blue Cross Blue Shield Association claim pharmaceutical giant Amgen Inc. and its subsidiaries have engaged in unlawful monopolistic practices that have inflated the cost of the blockbuster drug Enbrel.
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August 07, 2024
Okla. Wants Justices To Step Into Title X Funding Cut Fight
Oklahoma has filed an emergency application with the U.S. Supreme Court to stop the U.S. Department of Health and Human Services from withholding millions of dollars of Title X funding from the state because of its refusal to refer family planning patients for abortions.
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August 07, 2024
WWE Accuser May Be Liable For Defamation, Doctor Says
The woman who accused World Wrestling Entertainment Inc. and former executives including ex-CEO Vince McMahon of sexually trafficking and abusing her may be liable for defaming a celebrity doctor that she targeted with a bid for discovery in Connecticut Superior Court, according to a complaint from Dr. Carlon Colker and his company.
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August 07, 2024
M&A Rebounds, But Success Hinges On Broader Economy
There was a promising uptick in mergers and acquisitions activity in the second quarter, but the rising uncertainty about the broader economy that fueled Monday's stock market free fall could cause some hesitancy among dealmakers.
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August 07, 2024
Delta Dental Can't Get Antitrust Standard Decided Early
An Illinois federal judge denied a bid from Delta Dental to have the court decide what legal standard should apply to claims that it violated antitrust law through a $13 billion scheme to restrict competition before ruling on a class certification motion.
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August 07, 2024
Insurer Can't Dodge $13.4M Conn. Death Verdict, Estate Says
A mother who won a $13.4 million judgment after her son died in a Connecticut group home says its insurer, Hanover Insurance Co., is trying to use "misplaced" arguments to escape her bid to collect a portion of the judgment, urging a judge not to dismiss her compensation request.
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August 07, 2024
5th Circ. Grapples With 'Ridiculous' $100M Arbitration
A Fifth Circuit panel struggled to make sense out of a "ridiculous" arbitration proceeding that produced four contradictory arbitration awards in a legal malpractice dispute, one awarding $100 million, pressing both sides during oral arguments Wednesday to give answers about how the "spectacle" unfolded.
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August 07, 2024
Hong Kong Co. Scores Default Win In $10M Face Mask Suit
A New Jersey federal judge granted a Hong Kong firm a default win in its suit alleging a U.S. health company misappropriated a $10 million investment by overselling its ability to manufacture and sell face masks in the U.S. during the COVID-19 pandemic, ruling that the company has plausibly alleged its claims.
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August 07, 2024
Davis Polk, Cooley Lead $1.5B Sale Of PetIQ
Pet medication company PetIQ Inc., advised by Cooley LLP, on Wednesday announced plans to go private following its acquisition by private investment firm Bansk Group, led by Davis Polk & Wardwell LLP, in an all-cash deal valued at roughly $1.5 billion.
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August 07, 2024
3 Firms Steer $405M G1-Pharmacosmos Pharma Deal
G1 Therapeutics Inc., a North Carolina-based developer of cancer therapies, has agreed to sell the business to the U.S. subsidiary of Denmark's Pharmacosmos A/S, for approximately $405 million, the companies said Wednesday.
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August 07, 2024
2 FDA Pros Join McGuireWoods From Reed Smith, DOJ
McGuireWoods LLP said Wednesday it has added two U.S. Food and Drug Administration regulatory lawyers to its Washington, D.C., office — one who joins from Reed Smith LLP and another who joins from the U.S. Department of Justice.
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August 07, 2024
Pennsylvania Legislation Passed In 2024: A Midyear Report
Despite a divided legislature in Pennsylvania — the parties have been trading a narrow majority in the House of Representatives and Republicans compose most of the state Senate — lawmakers have managed to send dozens of bills to Democratic Gov. Josh Shapiro's desk in the first half of 2024, including tighter controls on a veterinary drug showing up in heroin, changes to business registrations with the state, and adding arbitration to the tools for family courts.
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August 06, 2024
From Vets To Labor: The Policies VP Pick Walz Has Backed
Democratic U.S. presidential nominee Kamala Harris' pick of Minnesota Gov. Tim Walz to be her running mate pairs her with a state leader and former lawmaker who has advocated for veterans' rights and public education while also championing a more progressive agenda, from cannabis legalization to abortion care access to stronger union rights.
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August 06, 2024
Ohio Judge Upholds Law Limiting Gender Care, Sports Access
An Ohio judge on Tuesday allowed the state to begin enforcing a law that restricts gender-affirming care for minors and bans transgender girls' participation in female sports, siding with the state and determining that the law is a legitimate attempt to protect children.
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August 06, 2024
Henrietta Lacks' Family Sues Novartis, Viatris Over HeLa Cells
The family of the late Henrietta Lacks, a Black woman whose cells were harvested without her knowledge to create the first immortalized human cell line, sued Novartis and Viatris in Maryland federal court Monday, alleging the pharmaceutical giants have "reaped massive profits" using Lacks' stolen cells to create new drugs.
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August 06, 2024
Life Sciences Credit Firm Symbiotic Launches With $600M
A new credit firm led by veterans in the healthcare industry announced its launch Tuesday, with more than $600 million in capital earmarked for loans to life sciences companies.
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August 06, 2024
Pennsylvania Hospital Gets Data Breach Suit Whittled
A Pennsylvania federal judge has shaved two counts off of a data breach lawsuit against Prospect Medical Holdings Inc., rejecting the hospital operator's argument that the plaintiffs lacked standing to bring the suit but agreeing that not all of them stated valid claims.
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August 06, 2024
NC Hospital Gets New Shot At Emergency Dept. Plan Approval
A state appellate panel on Tuesday unraveled a decision overturning approval for a freestanding emergency department in rural North Carolina, ruling that an administrative law judge misapplied precedent when deciding whether a state agency's failure to hold a public hearing prejudiced the decision-making process.
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August 06, 2024
Dem Lawmakers Back FTC's Kroger-Albertsons Challenge
A group of Democratic lawmakers is supporting the Federal Trade Commission in its suit to block Kroger's $25 billion acquisition of Albertsons, telling an Oregon federal judge in a friend-of-the-court brief that the agency's fears the deal would harm grocery workers and consumers are well-founded.
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August 07, 2024
Dinsmore Adds 5-Atty Litigation Group From Bricker Graydon
Dinsmore & Shohl LLP announced Tuesday that a five-person litigation team led by a healthcare partner with over 30 years of experience joined the firm's Columbus, Ohio, office from Bricker Graydon LLP.
Expert Analysis
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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.
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Perspectives
Advocating For Disability Rights In Probation And Parole
While the U.S. continues to over-police people with disabilities, defense attorneys can play a crucial role in ensuring that clients with disabilities who are on probation or parole have access to the accommodations they need and to which they are legally entitled, says Allison Frankel at the ACLU.
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Highlights From The 2024 ABA Antitrust Spring Meeting
U.S. merger enforcement and cartels figured heavily in this year's American Bar Association spring antitrust meeting, where one key takeaway included news that the Federal Trade Commission's anticipated changes to the Hart-Scott-Rodino form may be less dramatic than many originally feared, say attorneys at Freshfields.
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Strategies For Challenging A Fla. Grand Jury Report's Release
A Florida grand jury’s recent report on potential wrongdoing related to COVID-19 vaccines should serve as a reminder to attorneys to review the myriad legal mechanisms available to challenge the lawfulness of a grand jury report’s publication and expunge the names of their clients, says Cary Aronovitz at Holland & Knight.
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Patent Lessons From 8 Federal Circuit Reversals In March
A number of Federal Circuit patent decisions last month reversed or vacated underlying rulings, providing guidance regarding the definiteness of a claim that include multiple limitations of different scopes, the importance of adequate jury instruction, the proper scope of the precedent, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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First 10b5-1 Insider Trading Case Raises Compliance Issues
The ongoing case against former Ontrak CEO Terren Peizer is the U.S. Department of Justice's first insider trading prosecution based primarily on the filing of 10b5-1 plans, and has important takeaways for attorneys reviewing corporate policies on the possession of material nonpublic information, say attorneys at Cadwalader.