Health

  • November 27, 2024

    Split Ohio High Court Revives Death Suit Against Pa. Doctor

    An Ohio law that pauses the statute of limitations for lawsuits against parties who leave the state does not violate the dormant commerce clause of the U.S. Constitution because it neither facially discriminates against out-of-state entities nor has some economic protectionist purpose, the state Supreme Court ruled Wednesday.

  • November 27, 2024

    PBM Says Opioid Ruling Ignored High Court's Privilege Stance

    A special master's ruling that internal audit records from Express Scripts Inc. are not protected by attorney-client privilege should be overturned because it contradicts nearly 40 years of U.S. Supreme Court precedent, the pharmacy benefit manager told an Ohio federal court overseeing multidistrict opioid litigation.

  • November 27, 2024

    Nonprofit Warns 3rd Circ. Against 'Abuse' In Merck Vax Case

    The anti-monopoly think tank Open Markets Institute urged the full Third Circuit to rethink a panel's immunization of Merck & Co. Inc. from antitrust claims over its mumps vaccine, arguing in an amicus brief that the doctrine cementing the right to petition the government doesn't justify the use of courts and administration as a "competitive weapon."

  • November 27, 2024

    Amid Claims Of Bias, DEA To Kick Off Historic Pot Hearing

    The Drug Enforcement Administration's administrative law tribunal will hold a preliminary hearing Monday on the U.S. Department of Justice's proposal to relax restrictions on marijuana, kicking off a historic process that has already been marked by allegations of agency bias.

  • November 27, 2024

    Conn. High Court Snapshot: Bank Regulation, Workers' Comp

    When it convenes for the third term of the season, the Connecticut Supreme Court will hear cases that could affect the scope of the state banking department's authority to determine its own jurisdiction and clarify a workers' compensation benefits law.

  • November 27, 2024

    Up Next At The High Court: Transgender Care, Holocaust Art

    The U.S. Supreme Court will return to the bench Monday for its December arguments session, which will include blockbuster questions about the constitutionality of state laws banning gender-affirming care for transgender minors and whether Hungary can be held liable for property stolen during World War II.

  • November 27, 2024

    Yale Health Group Can Bolster Bid To Dodge $435M Sale Deal

    Yale New Haven Health Services Corp. can add allegations to its complaint against Prospect Medical Holdings Inc. seeking to dodge a $435 million contract to buy a string of Connecticut hospitals and cite more examples of the seller's alleged breach of the deal, including $16 million in pension liens and ongoing regulatory investigations.

  • November 27, 2024

    Hospital Sued For Firing Tech Who Reported Lax Drugmaking

    A pharmacy technician claims in Illinois state court that she was fired from Lurie Children's Hospital in Chicago for making complaints both internally and to state regulators that the medications for pediatric patients were being compounded in an unsanitary manner and that the facilities weren't being properly cleaned.

  • November 27, 2024

    Insurer To Pay Conn. City $1M For Stolen COVID Funds

    The insurer for the city of West Haven, Connecticut, will pay more than $1 million to offset losses caused by the theft of federal COVID-19 relief funds by a former state representative and city employee, according to a press release.

  • November 27, 2024

    Neb. Judge Rejects Challenge To Medical Pot Legalization

    Efforts to upend ballot measures that legalized medical marijuana in Nebraska have failed, after a Nebraska state judge ruled the secretary of state couldn't show in his challenge that a considerable number of signatures to qualify for the ballot were invalid.

  • November 27, 2024

    3 Argument Sessions Benefits Attys Should Watch In Dec.

    The U.S. Supreme Court will hear the federal government's constitutional challenge to Tennessee's ban on gender-affirming care for minors, the Ninth Circuit will weigh if Idaho can ban abortions even in emergencies, and the D.C. Circuit will wade into a pension withdrawal liability fight. Here are three argument sessions benefits attorneys should keep an eye on in December.

  • November 27, 2024

    Congressional Dems Urge Biden For More Cannabis Reform

    Congressional Democrats are urging President Joe Biden to use his executive authority to take further action on marijuana reforms during the waning weeks of his administration.

  • November 26, 2024

    Trump Taps Bhattacharya For National Institutes Of Health

    President-elect Donald Trump announced Tuesday that he has selected Dr. Jay Bhattacharya, a physician who opposed the use of lockdowns and mask mandates to contain the spread of COVID-19, to lead the National Institutes of Health.

  • November 26, 2024

    Truepill's $7.5M Patent Data Theft Settlement Gets Initial OK

    A California federal judge Tuesday preliminarily backed a $7.5 million deal resolving a proposed class action alleging that online pharmacy PostMeds Inc., which does business as Truepill, failed to protect the sensitive information of millions of patients from a data breach.

  • November 26, 2024

    CMS Cancels Call Center Solicitation With Disputed Labor Clause

    The Centers for Medicare and Medicaid Services called off its unusual resolicitation of a still-active $6.6 billion contract for contact center services on Tuesday, following litigation from contractor Maximus over a contentious labor harmony agreement in the solicitation.

  • November 26, 2024

    Tort Report: Fla. Jury Delivers $141.5M Trucking Crash Verdict

    A pending Pennsylvania Supreme Court case over Uber's so-called click-through arbitration agreements and a $141.5 million trucking crash verdict out of Florida lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • November 26, 2024

    NIH Beats 4th Circ. Bid To Unmask COVID Researcher

    National Institutes of Health on Tuesday defeated a circuit court appeal by a whistleblower organization which had sought to uncover the identity of a Wuhan University researcher who submitted sequencing data to an open-access NIH archive.

  • November 26, 2024

    Insys Founder Kapoor Dropped From Del. Opioid Harm Suit

    A Delaware state court has dropped Insys Therapeutics Inc. founder John N. Kapoor from a 6-year-old lawsuit that originally sought damages from Insys, Kapoor and several Delaware opioid prescribers and suppliers, ruling that the state lacked jurisdiction to pursue him for alleged harm to three state residents, two of them pain management patients.

  • November 26, 2024

    Officials Must Face Claims From Pot Farm Raid, Grower Says

    A farmer whose Oklahoma property was razed by state drug enforcers, allegedly causing the destruction of crops and agriculture equipment worth millions of dollars, is pushing back on efforts by law enforcement to escape his suit, saying they shouldn't get qualified immunity.

  • November 26, 2024

    HCA Hospital Sale On Hold Amid Antitrust Concerns

    An Indiana healthcare system has withdrawn its application with the state health department for a planned purchase of a hospital from HCA Healthcare following concerns from the Federal Trade Commission, saying it needs more time to rework the application.

  • November 26, 2024

    Court Asked To Halt DEA's Pot Rescheduling Hearing

    The Drug Enforcement Administration's plan to hold administrative hearings on a proposal to reclassify marijuana must be stopped, a psychedelics researcher argued, telling a Washington federal judge that the DEA is not giving a voice to small entity researchers and tribal stakeholders.

  • November 26, 2024

    CGL Carrier Seeks $1.2M In Inter-Insurer Injury Dispute

    A general liability insurer told a Michigan federal court that a professional liability insurer owes $1.2 million toward a $1.5 million settlement reached in an underlying lawsuit involving their mutual insured, a cardiovascular practice located in a Detroit hospital, arguing that the professional liability policy covered the claim.

  • November 26, 2024

    Mexico Floats Retaliation Against New Trump Tariffs

    Hours after President-elect Donald Trump threatened new tariffs on China, Canada and Mexico, Mexican President Claudia Sheinbaum signaled that her government would respond with levies of its own Tuesday, imploring Trump to take a more diplomatic approach.

  • November 26, 2024

    Pa. Nursing Home Eying Sale Seeks Fraud Sentencing Delay

    The parent company for a troubled Western Pennsylvania nursing home asked a federal court to postpone a sentencing for defrauding state and federal healthcare programs so the company can keep trying to sell the facility, or at least relocate its residents over a longer period of time.

  • November 26, 2024

    Adult Day Care Tries To Duck Suit Over Autistic Man's Death

    An adult day care center urged a Florida court on Monday to dismiss a lawsuit over the death of an autistic man who was left alone in a hot transport van for hours, arguing that the man's sister does not qualify as his survivor for a wrongful death claim.

Expert Analysis

  • FDA's Multifaceted Role On Display In MDMA Therapy Scrutiny

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    Ongoing deliberations at the U.S. Food and Drug Administration regarding MDMA-assisted therapy for post-traumatic stress disorder serves as a window into the intricate balance of scientific innovation and patient safety oversight, and offers crucial insights into regulatory nuances, say Kimberly Chew at Husch Blackwell and Kevin Lanzo at Pharmaka Clinical Consulting.

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

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    The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.

  • Analyzing FDA Draft Guidance On Clinical Trial Diversity

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    In light of the U.S. Food and Drug Administration's draft guidance on clinical trial diversity action plans, there are several important considerations for sponsors and clinical researchers to keep in mind to prevent delay in a drug or device application, say attorneys at Crowell & Moring.

  • What's New In The AI Healthcare Regulatory Space

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    Attorneys at Hogan Lovells review the current legal and regulatory landscape for artificial intelligence applications in healthcare, touching on policies around safety, transparency, nondiscrimination and reimbursement, and what to expect in the future.

  • The Good, The Bad And The Ugly Of Healthcare's PE Boom

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    While an influx of capital may provide access to new resources and innovative technologies, the private equity model's method of funding may be fundamentally at odds with patient-first healthcare, and in recent years that inherent tension has gotten ugly, say Eva Gunasekera and Jaclyn Tayabji at Tycko & Zavareei.

  • 3 Policyholder Tips After Calif. Ruling Denying D&O Coverage

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    A California decision from June, Practice Fusion v. Freedom Specialty Insurance, denying a company's claim seeking reimbursement under a directors and officers insurance policy for its settlement with the Justice Department, highlights the importance of coordinating coverage for all operational risks and the danger of broad exclusionary policy language, says Geoffrey Fehling at Hunton.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • Opinion

    High Court Made Profound Mistake In Tossing Purdue Deal

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    The U.S. Supreme Court's recent decision to throw out Purdue Pharma's Chapter 11 plan jeopardizes a multistate agreement that would provide approximately $7 billion in much-needed relief to help fight the opioid epidemic, with states now likely doomed to spend years chasing individual defendants across the globe, says Swain Wood at Morningstar.

  • How Tech Trackers May Implicate HIPAA After Hospital Ruling

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    A recent Texas federal court order in American Hospital Association v. Becerra adds a legal protection on key data, clarifying when tracking technologies implicate the Health Insurance Portability and Accountability Act, so organizations should ensure all technology used is known and accounted for, say John Howard and Myriah Jaworski at Clark Hill.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

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    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • Opinion

    Proposed Terminal Disclaimers Rule Harms Colleges, Startups

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    Universities and startups are ill-suited to follow the U.S. Patent and Trademark Office’s recently proposed rule on terminal disclaimers due to their necessity of filing patent applications early prior to contacting outside entities for funds and resources, say attorneys at Sterne Kessler.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

  • Series

    In The CFPB Playbook: Making Good On Bold Promises

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    The U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's funding structure in the second quarter cleared the way for the bureau to resume a number of high-priority initiatives, and it appears poised to charge ahead in working toward its aggressive preelection agenda, say Andrew Arculin and Paula Vigo Marqués at Blank Rome.

  • Critical Questions Remain After High Court's Abortion Rulings

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    The U.S. Supreme Court's decisions in two major abortion-related cases this term largely preserve the status quo for now, but leave federal preemption, the Comstock Act and in vitro fertilization in limbo, say attorneys at Jenner & Block.

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