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October 15, 2024
WWE Accuser Ties Conn. Physical Therapist To Alleged Abuse
A former legal staffer accusing World Wrestling Entertainment Inc. and former leader Vince McMahon of sex trafficking has linked a physical therapist, who she referenced in her federal complaint, with a Connecticut doctor and medical practice she is pursuing in state court for information about her treatments.
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October 15, 2024
Insurer Asks Court To Weigh In On Damaged Embryo Suit
An insurer for a fertility clinic asked a Texas federal court to determine whether it owes coverage for an underlying suit accusing the clinic of knowingly transferring damaged or destroyed embryos into patients.
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October 15, 2024
Ex-WH Senior Associate Counsel Rejoins Ropes & Gray
Ropes & Gray LLP announced Tuesday that an attorney rejoined the firm's Washington, D.C., office as counsel after most recently serving as senior associate counsel to President Joe Biden.
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October 15, 2024
Law Firms Diverge As Anti-ESG Pushback Continues
A continuing onslaught of legislation and litigation opposing corporate environmental, social and governance actions has created a fork in the road for law firms, with some choosing to scale back efforts and others pushing ahead with their internal ESG and diversity, equity and inclusion goals.
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October 15, 2024
The 2024 Law360 Pulse Social Impact Leaders
Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.
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October 15, 2024
FTC Wants More Info On $1.36B Home Healthcare Deal
The Federal Trade Commission has requested more information about healthcare solutions company Owens & Minor Inc.'s planned $1.36 billion purchase of home-based care business Rotech Healthcare Holdings Inc., extending the agency's merger review.
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October 15, 2024
Ill. Home Health Kickbacks Ruling Intact After Justices Pass
The nation's top court said Tuesday it won't review a Seventh Circuit decision largely affirming that a home health care company broke federal kickback laws, leaving intact its holding that the company must pay millions in damages.
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October 11, 2024
Pharmacist Gets Up To 15 Years In Mich. For Fatal Outbreak
A pharmacist charged for the deaths in a 2012 fatal fungal meningitis outbreak was sentenced Friday afternoon in Michigan state court to 7½ to 15 years in prison, concluding the state's case that had been pending for six years, the pharmacist's attorney has announced.
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October 11, 2024
Feds Target Ill. Hospital CEO As $19M Theft Probe Widens
A federal corruption investigation into the theft of $19 million from a Chicago hospital has widened to ensnare the hospital's chief executive, according to a new indictment handed down by an Illinois federal grand jury.
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October 11, 2024
High Court's TCPA Grant Set To Broaden Loper Bright's Blow
On the heels of the U.S. Supreme Court dealing a major blow to the power of federal agencies to interpret laws, the justices are poised to again boost judicial authority and potentially release a torrent of litigation challenging the established tome of regulations crafted under the Telephone Consumer Protection Act.
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October 11, 2024
Up Next At High Court: CBD Injuries & The Clean Water Act
The U.S. Supreme Court will be closed Monday, but the justices will return to the bench Tuesday to hear arguments over whether the federal Racketeering Influenced and Corrupt Organizations Act allows litigants to pursue claims of economic harm tied to personal injuries, and how specific pollutant discharge limits have to be under the Clean Water Act.
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October 11, 2024
Quinn Emanuel Gets Trimmed $92M Fee In ACA Cases
Quinn Emanuel Urquhart & Sullivan LLP will get $92 million in fees from a $3.7 billion win in two class actions against the government over risk corridor payments under the Affordable Care Act, a U.S. Court of Federal Claims judge ruled Thursday, trimming the firm's renewed $185 million request.
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October 11, 2024
Apple Watch Patents Dodge Ax As Masimo Jury Trial Nears
A Delaware federal judge has refused to invalidate Apple Inc.'s smartwatch patents being challenged by health technology company Masimo Corp. ahead of this month's jury trial over whether the tech behemoth infringed Masimo's pulse oximetry technology patents.
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October 11, 2024
Dem AGs Urge Judge To Rule Now On FDA Abortion Pill Regs
Washington and 16 other states with Democratic attorneys general are pressing a federal judge to force the U.S. Food and Drug Administration to lift restrictions on access to mifepristone, arguing that the agency is swayed by the controversy swirling around the abortion medication that has been proved to be safer than Tylenol, Viagra and insulin.
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October 11, 2024
Texan Who Sued Ex's Colleagues Over Abortion Drops Suit
A Texas man who filed a wrongful-death suit against his ex-wife's co-workers that alleged that they helped her obtain pills to terminate her pregnancy has dropped the suit on the eve of trial, saying in a notice Friday that the parties have settled.
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October 11, 2024
J&J Should Pay $30M For Developer's Cancer, Conn. Jury Told
Attorneys for a western Massachusetts real estate developer on Friday urged a Connecticut jury to award $30 million for past and future suffering to a lifelong Johnson & Johnson baby powder user diagnosed with mesothelioma, but the company's attorneys suggested $4 million was a more reasonable figure while contesting liability whatsoever.
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October 11, 2024
9th Circ. Backs Planned Parenthood's $14M Atty Fee Win
The Ninth Circuit upheld a nearly $14 million attorney fee award to Planned Parenthood after the reproductive health service provider won its suit claiming the Center for Medical Progress unlawfully recorded abortion service providers, saying Friday the award was not unreasonably disproportionate to the jury's $2.4 million damages award.
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October 11, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen billionaire Lakshmi Mittal sue steel magnate Sanjeev Gupta in a long-running clash to claw back €140 million ($153 million) of debt, a high-profile AI researcher take action against the Intellectual Property Office to register his software as a listed patent inventor and troubled housing trust Home Reit face a claim by a real estate developer. Here, Law360 looks at these and other new claims in the U.K.
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October 11, 2024
Texas Hospital Settles Layoffs, Benefits Contributions Suit
A Texas hospital has agreed to settle a proposed class action alleging it laid off approximately one-third of its workforce without warning and unlawfully held onto employees' health insurance premiums and 401(k) contributions, according to a federal court filing.
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October 11, 2024
Staffing Co. Cuts Deal To End Travel Nurses' Pay Claims
A staffing firm agreed to pay nurses $500 each to end allegations that it lured them to work at COVID-19 testing clinics in Fort Lauderdale, Florida, by making wage promises it never fulfilled, a filing in Georgia federal court said.
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October 11, 2024
Nursing Home Operator Hit With OT Suit In Ohio
A nursing home operator unlawfully denied certified nursing assistants overtime pay and also docked their pay for meal breaks that were never taken, according to a proposed class action filed in Ohio federal court.
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October 10, 2024
Why So Hard To Say 'Denied'? Mich. Justices Ask Insurers
Michigan Supreme Court justices pushed insurers Wednesday to explain why they take issue with appellate rulings requiring them to explicitly say they have "denied" insureds' claims, asking what about including that word or evaluating claims as they normally do would create new obligations on the insurers.
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October 10, 2024
Yale Hospital Says Pension Liens Breach $435M Sale Deal
A hospital operator's purported $4 million pension liability has saddled its properties with liens that breach a $435 million sale contract, Yale New Haven Health told a Connecticut state judge Wednesday in a letter suggesting it may add claims to litigation over its deal with Prospect Medical Holdings Inc.
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October 10, 2024
Eli Lilly Tells Mich. Justices It's 'Wrong Time' For Insulin Case
A lawyer for pharmaceutical company Eli Lilly has urged the Michigan Supreme Court to reject a call to shake up the state's consumer protection precedent, saying during oral arguments Thursday that the attorney general is asking the court to do "by fiat" what Michigan lawmakers could soon accomplish with a bill package that got a hearing earlier this week.
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October 10, 2024
Animal Medication Co. Sued Over Dog Arthritis Treatment Risks
New Jersey-based animal medication company Zoetis Inc. was hit with a proposed class action Wednesday alleging that a drug used to treat osteoarthritis in dogs has harmful effects such as seizures, inability to walk, organ damage and even death, which the company has failed to warn about.
Expert Analysis
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Series
After Chevron: Scale Tips Favor Away From HHS Agencies
The loss of Chevron deference may indirectly aid parties in challenging the U.S. Department of Health and Human Services' interpretations of regulations and could immediately influence several pending cases challenging HHS on technical questions and agency authority, say attorneys at Ropes & Gray.
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Series
After Chevron: FDA Regulations In The Crosshairs
The U.S. Supreme Court's overturning of the Chevron doctrine is likely to unleash an array of challenges against the U.S. Food and Drug Administration, focusing on areas of potential overreach such as the FDA's authority under the Federal Food, Drug and Cosmetic Act, say attorneys at Debevoise.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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Series
After Chevron: Expect Limited Changes In USPTO Rulemaking
The U.S. Supreme Court’s recent ruling overturning Chevron deference will have limited consequences for the U.S. Patent and Trademark Office given the USPTO's unique statutory features, but it is still an important decision for matters of statutory interpretation, especially those involving provisions of the America Invents Act, say Andrei Iancu and Cooper Godfrey at Sullivan & Cromwell.
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How High Court Approached Time Limit On Reg Challenges
The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Calif. Ruling Heightens Medical Product Maker Liability
The California Supreme Court's decision in Himes v. Somatics last month articulates a new causation standard for medical product manufacturer liability that may lead to stronger product disclosures nationwide and greater friction between manufacturers and physicians, say attorneys at Cooley.
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Constitutional Protections For Cannabis Companies Are Hazy
Cannabis businesses are subject to federal enforcement and tax, but often without the benefit of constitutional protections — and the entanglement of state and federal law and conflicting judicial opinions are creating confusion in the space, says Amber Lengacher at Purple Circle.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 36 different rulemaking and litigation areas.
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Navigating Scrutiny Of Friendly Professional Corps. In Calif.
In light of ongoing scrutiny and challenges to private equity participation in the California healthcare marketplace, particularly surrounding the use of the friendly professional corporation model, management services organizations should consider implementing four best practices, say attorneys at Holland & Knight.
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Takeaways From New HHS Substance Use Disorder Info Rules
A new U.S. Department of Health and Human Services rule continues the agency's efforts to harmonize complex rules surrounding confidentiality provisions for substance use disorder patient records, though healthcare providers will need to remain mindful of different potentially applicable requirements and changes that their compliance structures may require, say attorneys at Ropes & Gray.
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Series
After Chevron: Expect Few Changes In ITC Rulemaking
The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.