Health

  • October 31, 2024

    Masimo Sues Ex-CEO Over 'Unprecedented' $450M Demand

    Masimo Corp. has sued its founder in Delaware Chancery Court, seeking a declaration that a $450 million payout triggered in part by the founder's loss of control or his ouster as CEO and chairman is unenforceable, saying the amount is "unprecedented" and shouldn't be paid by shareholders who were simply exercising their voting rights.

  • October 31, 2024

    Beverly Hills Agrees To Abortion-Rights Training In Settlement

    The city of Beverly Hills will develop training materials and take other steps to comply with California's reproductive health laws, as part of a stipulated judgment resolving the state's allegations that it illegally pressured an abortion clinic to stay out of the city, the parties announced Thursday.

  • October 31, 2024

    Ill. Judge Doubts Hillrom's Bid For Rival's Communications

    An Illinois federal judge signaled hesitation Thursday over hospital-bed maker Hillrom's bid for a rival's communications it asserts will show that the rival lodged untimely antitrust claims, saying the company may be "skipping a step" by asserting their importance.

  • October 31, 2024

    CBS Escapes Ex-Employee's Vaccine Bias Suit

    CBSViacom/Paramount beat a former employee's lawsuit claiming she was fired because she requested a medical exemption to the company's COVID-19 vaccination policy, with a New York federal judge ruling she failed to fix errors previously identified by the court.

  • October 31, 2024

    Health District Must Face Cyberattack Suit, Wash. Judges Say

    A municipal health department in Washington is back on the hook in litigation over a cyberattack that affected nearly 109,000 individuals, thanks to a precedential ruling by a state appellate court Thursday reviving claims that the department was negligent in storing patients' personal information.

  • October 31, 2024

    Abbott, Mead Cleared In Baby Formula Trial

    A St. Louis jury cleared Abbott Laboratories and Mead Johnson of liability Thursday in the companies' first joint trial over claims their baby formula causes a serious gut condition in preterm infants.

  • October 31, 2024

    Health System Agrees To Resolve Retirement Plan Fee Suit

    A New England health system has agreed to settle a proposed class action claiming it loaded two employee retirement plans with exceedingly high costs and underperforming investment options, according to a filing Thursday in New Hampshire federal court.

  • October 31, 2024

    The 2024 Law360 Pulse Leaderboard

    Check out the Law360 Pulse Leaderboard to see which firms made the list of leaders in all-around excellence this year.

  • October 31, 2024

    Firms' Hiring Strategies Are Evolving In Fight For Top Spot

    Competition for top talent among elite law firms shows no signs of slowing down, even amid economic uncertainty, with financially strong firms deploying aggressive strategies to attract and retain skilled professionals to solidify their market position.

  • October 30, 2024

    5th Circ. Keeps Most No Surprises Act Provisions Intact

    The Fifth Circuit on Wednesday upheld several provisions for calculating qualifying payments under a federal law aimed at protecting Americans from surprise medical bills, saying in a published opinion that the provisions were neither inconsistent with the law nor arbitrary and capricious.

  • October 30, 2024

    FDA Didn't Flub Approval In Orphan Drug Case, DC Court Says

    The U.S. Food and Drug Administration didn't err in determining that a rival narcolepsy treatment is not the "same drug" as Jazz Pharmaceuticals' exclusive treatment, a D.C. federal judge ruled Wednesday, holding that the FDA's approval of the rival drug didn't run afoul of the Orphan Drug Act.

  • October 30, 2024

    Jury Told Abbott, Mead Owe 'Astronomical' Sum Over Formula

    Lawyers for a premature baby who developed a serious gut condition after being given formula made by Abbott and Mead Johnson asked a jury to deliver an "astronomical" punishment in closing arguments Wednesday while the companies said formula's only sin is it can't protect preterm infants like breast milk can.

  • October 30, 2024

    Class Asks Court To Revive Claims Against Florida Blue

    A proposed class of Florida state employees enrolled in a Blue Cross and Blue Shield of Florida healthcare plan asked an appeals court Wednesday to revive their suit claiming the insurer designed a claims process to obstruct approval and payment of claims for mental health care.

  • October 30, 2024

    Doctor Denied Access To Grand Jury Materials In HIPAA Case

    A Houston federal judge has denied a motion from a pediatric surgeon who asked for access to grand jury materials in his case involving alleged HIPAA violations, issuing a brief order without further explanation.

  • October 30, 2024

    Alleged Kickback Plotters Can Waive Conflict Over Attorney

    A Colorado federal judge on Wednesday concluded that a lab testing company owner charged with participating in a kickback scheme to defraud Medicare and a man who pled guilty to participating in a connected conspiracy could waive any conflicts that might arise from both using the same attorney.

  • October 30, 2024

    Texas Hospital Can't Escape $3.5M Blood Clot Verdict

    A Texas appellate court largely affirmed a jury's $3.5 million verdict in a suit accusing a hospital of negligently treating a patient's blood clots and causing serious injuries, saying awards for future lost earnings and medical expenses were supported by the evidence.

  • October 30, 2024

    Cigna Wants $16.1M, Florida Labs Seek $5.1M In Benefits Feud

    Cigna should pay $5.1 million for harming three Florida laboratories by wrongfully declaring thousands of substance abuse treatment tests medically unnecessary, the labs told a Connecticut jury Wednesday, while Cigna asked to recoup $16.1 million in payouts to the labs for what it called "wasteful" tests.

  • October 30, 2024

    Doc Review Site Must Face Suit Over Criminal Profile Mix-Up

    The owners of physician review website Healthgrades on Wednesday lost their bid to toss allegations they defamed a surgeon in mixing up his profile with a doctor by a similar name who was convicted on federal opioid-related charges.

  • October 30, 2024

    Conn. Justices Doubt Fertility Doc Suit Is For 'Wrongful Life'

    Some justices of the Connecticut Supreme Court were skeptical Wednesday that a lawsuit accusing a fertility doctor of impregnating patients with his own sperm is a barred claim for wrongful life, pressing defense counsel on the now-grown children's allegations that they suffered psychological harm when they discovered the truth.

  • October 30, 2024

    Insurer Can't Cap Interest In Birth Injury Case, Patient Says

    A patient suing his doctor over injuries he suffered at birth urged the Colorado Supreme Court not to limit interest on his medical malpractice damages to $1 million, arguing in a brief the doctor's insurer had chances to settle the case years ago and refused.

  • October 30, 2024

    3rd Circ. Told Medicare Drug Price Talks Not Voluntary

    Three pharmaceutical companies told the Third Circuit on Wednesday the Medicare drug price negotiation program is anything but voluntary, arguing the appeals court should revive their challenges to the program because it is unconstitutional.

  • October 30, 2024

    Ga. Health Commish 'Overstepped' In Hospital Turf War

    The Georgia Court of Appeals has tossed a ruling from the state's Commissioner for the Department of Community Health that would have allowed a metro Atlanta hospital system to open a new radiology center, saying Tuesday that the commissioner overstepped his review powers.

  • October 30, 2024

    Yale Researcher's Suit Over Loss Of 'Life's Work' Transferred

    A Connecticut state court judge in Fairfield is passing on a researcher's lawsuit accusing Yale School of Medicine of destroying two decades of research worth $28 million, transferring the case to the complex litigation docket in Hartford.

  • October 30, 2024

    COVID-19 Order Could Save Med Mal Suit, Ga. Judges Say

    A mistake made by a paralegal working for former Georgia state representative Robbin Shipp may have been saved by a recent Peach State high court ruling that a pandemic-era judicial emergency order can toll the deadline to file medical malpractice suits, the state appeals court found Tuesday.

  • October 30, 2024

    AIG Tells Del. Justices Texas Medicaid Case 'Steeped In Fraud'

    An attorney for insurers who brought a mid-case appeal in a tangled suit focused on a Texas Medicaid claims processor's battles over its alleged errors and omissions in orthodontia billings told Delaware's Supreme Court Wednesday that the original case was "steeped in fraud" and propped up by negligence claims.

Expert Analysis

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • The Current State Of Healthcare Transaction Reviews In Calif.

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    As of April, certain healthcare transactions in California have been subject to additional notification compliance requirements, and complying with these new rules could significantly delay and discourage some deals, says Andrew Demetriou at Husch Blackwell.

  • Protecting Trade Secrets In US, EU Gov't Agency Submissions

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    Attorneys at Mintz compare U.S. and European Union trade secret laws, and how proprietary information in confidential submissions to the U.S. Food and Drug Administration and the European Medicines Agency is protected in the face of third-party information requests under government transparency laws.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • Careful Data Governance Is A Must Amid Enforcement Focus

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    Federal and state regulators' heightened focus on privacy enforcement, including the Federal Trade Commission's recent guidance on consumer protection in the car industry, highlight the importance of proactive risk management, compliance and data governance, say Jason Priebe and Danny Riley at Seyfarth.

  • 5 Critical Factors Driving Settlement Values In Cyber Litigation

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    Recent ransomware incidents and their legal repercussions offer five valuable insights into the determinants of settlement values in cyberattack-related litigation, and understanding these trends and their implications can better prepare organizations for the potential legal fallout from future breaches, says Peter Kamminga at JAMS.

  • Money, Money, Money: Limiting White Collar Wealth Evidence

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    As courts increasingly recognize that allowing unfettered evidence of wealth could prejudice a jury against a defendant, white collar defense counsel should consider several avenues for excluding visual evidence of a lavish lifestyle at trial, says Jonathan Porter at Husch Blackwell.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • High Court's Abortion Pill Ruling Shuts Out Future Challenges

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    The U.S. Supreme Court's unanimous ruling in U.S. Food and Drug Administration v. Alliance for Hippocratic Medicine maintains the status quo for mifepristone access and rejects the plaintiffs' standing theories so thoroughly that future challenges from states or other plaintiffs are unlikely to be viable, say Jaime Santos and Annaka Nava at Goodwin.

  • 5 Steps To Navigating State Laws On Healthcare Transactions

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    As more states pass legislation requiring healthcare-transaction notice, private equity investors and other deal parties should evaluate the new laws and consider ways to mitigate their effects, say Carol Loepere and Nicole Aiken-Shaban at Reed Smith.

  • Orange Book Warnings Highlight FTC's Drug Price Focus

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    In light of heightened regulatory scrutiny surrounding drug pricing and the Federal Trade Commission's activity in the recent Teva v. Amneal case, branded drug manufacturers should expect the FTC's campaign against allegedly improper Orange Book listings to continue, say attorneys at Ropes & Gray.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • PBM Takeaways From Proposed Telehealth Flexibility Bill

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    The U.S. House of Representatives' proposal to extend certain telehealth flexibilities signals a robust commitment to expanding telehealth access, though its plan to offset additional expenses through pharmacy benefit manager reform could lead to some industry consolidation, say attorneys at Mintz.

  • A Plaintiffs-Side Approach To Cochlear Implant Cases

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    As the number of cochlear implants in the U.S. continues to grow, some will inevitably fail — especially considering that many recalled implants remain in use — plaintiffs attorneys should proactively prepare for litigation over defective implants, says David Shoop at Shoop.

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