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July 31, 2024
NC Defense Attys Say Virus Law Case Can 'Unsettle' Immunity
A North Carolina defense attorney group asked to jump into a medical malpractice suit in the state's high court Wednesday, offering what it described as a warning that if a decision stands on a COVID-19 law, immunity from lawsuits will be "unsettled."
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July 31, 2024
CVS Appeal Blocked In Whistleblower Suit Over Drug Prices
A Pennsylvania federal judge has barred CVS Health Co. from making an interlocutory appeal over his interpretation of regulations in a whistleblower's lawsuit claiming the company's prescription entities falsely reported drug prices to the government. The judge recommended that a trial date be set in the decade-long litigation instead.
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July 31, 2024
Yale Hospital Fired Worker In Cancer Treatment, Estate Says
Yale New Haven Hospital "effectively" terminated a physician's assistant while she was on medical leave after a cancer diagnosis, then allowed her to return but refused to let her work remotely during chemotherapy treatments and fired her months before her death in September 2023, according to a lawsuit from her estate.
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July 31, 2024
4 Mass. Rulings You May Have Missed In July
Massachusetts state court judges refereed a damages dispute between a real estate titan and a Big Four consultant, ruled in favor of allegedly underpaid healthcare workers and untangled a defamation suit over a labor executive's old social media posts, among other notable rulings during the month of July.
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July 31, 2024
Mental Health Biz Hits $3.3B Valuation After Funding Round
Behavioral health solutions provider Spring Health announced Wednesday it reached a valuation of $3.3 billion following the closing of its Series E funding round, in which the company raised $100 million.
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July 30, 2024
Cook Medical Vein Filter Claims Came Too Late, 7th Circ. Says
The Seventh Circuit on Tuesday upheld Cook Medical LLC's win in a woman's lawsuit claiming the company's inferior vena cava filter caused her to develop abdominal pain and that the device fractured when it was removed, saying the suit was filed after the statute of limitations had expired.
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July 30, 2024
Immunity Bars Most Vaccine Challenges, Conn. Justices Rule
The Connecticut Supreme Court on Tuesday narrowed a challenge to a law that eliminated religious exemptions to the state's school vaccination mandates, ordering a trial judge to dismiss two parents' constitutional claims while leaving open for future proceedings a free exercise claim filed under a state statute.
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July 30, 2024
Rite Aid Sued Over Data Breach That Affected 2.2M Customers
Rite Aid was hit with a proposed class action Friday in Pennsylvania federal court accusing it of failing to safeguard more than 2.2 million of its customers' personal information associated with purchases of certain retail products made seven years ago, after hackers accessed its network using an employee's credentials.
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July 30, 2024
Mich. Supreme Court Reins In Wrongful-Death Damages
The Michigan Supreme Court ruled Tuesday that families are not entitled to recover a loved one's future earning capacity as damages in wrongful-death lawsuits, trimming the award potentially available to parents who sued a hospital after their 13-year-old's death from meningitis.
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July 30, 2024
DC Circ. Finds NIH's Comment Restrictions Unconstitutional
The National Institutes of Health violated the First Amendment when the agency used keyword filters to hide comments from animal rights activists on its official Facebook and Instagram pages, a D.C. Circuit panel ruled Tuesday.
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July 30, 2024
AIDS Org Sues Express Scripts For PBM Monopoly
The world's largest HIV/AIDS healthcare organization is joining the slew of litigants suing pharmacy benefit manager Express Scripts, claiming in a new complaint that the pharmacy giant has leveraged monopoly power in Louisiana to suppress competition among independent specialty pharmacies that focus on rare and complex medical conditions.
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July 30, 2024
Judge Wants Device Warning Answers From Mich. Justices
A Michigan federal judge ruled Tuesday that medical device manufacturer NuVasive Inc. must face a patient suit alleging its limb-lengthening device caused metal poisoning, while also asking the Michigan Supreme Court to break its silence on medical manufacturers' duty to warn patients directly.
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July 30, 2024
Florida Residents Urge 11th Circ. Keep Block On Gender Law
Transgender adults and children in Florida on Monday urged the Eleventh Circuit to reject the state's attempt to enforce a law restricting gender-affirming treatment for transgender minors and adults while the case is on appeal.
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July 30, 2024
Mass. Says $30M Funding For Steward Will Fund Quick Sales
The Commonwealth of Massachusetts has told a Texas bankruptcy judge that its agreement to pay $30 million to debtor Steward Health Care is designed to help fund operations at the debtor's struggling hospitals while sales are pursued.
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July 30, 2024
PBMs Urge Justices To Reject Review Of Okla. Law Dispute
An industry trade group representing pharmacy benefits managers urged the U.S. Supreme Court not to disturb its Tenth Circuit victory, which held that an Oklahoma statute regulating PBMs ran afoul of preemption provisions in both the Employee Retirement Income Security Act and Medicare Part D.
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July 30, 2024
Psychedelics And The Law: A Midyear Review
A groundbreaking effort to secure federal approval for a psychedelic medication hit an unexpected snag. Religious groups asserting the right to access controlled substances had mixed success in federal court. Physicians seeking to administer psilocybin to terminally ill patients will finally have their day in court. Here are the major developments in psychedelics law from the first half of 2024.
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July 30, 2024
Former Prosecutor 'Coming Back Home' To NJ Boutique
After prosecuting federal healthcare crimes in New Jersey, a former assistant U.S. attorney has returned to boutique firm Calcagni & Kanefsky LLP to guide clients as part of the firm's white collar criminal and regulatory defense and investigations practice with a focus on healthcare litigation and licensing, the firm announced Tuesday.
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July 30, 2024
4th Circuit Sends Fees Math In OT Cases Back To Va. Court
A Virginia federal court didn't support its decision to award nearly $420,000 in attorney fees and costs in two consolidated suits seeking unpaid overtime from a healthcare company, the Fourth Circuit ruled, sending the cases back.
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July 30, 2024
Mich. COVID-19 Liability Law Shields Regular Healthcare Too
A 2020 law protecting healthcare providers and facilities from liability for their response to the early COVID-19 pandemic also applies to regular care provided during that time, a Michigan appellate panel said, finding that resources diverted because of the state's response affected other areas of care.
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July 30, 2024
UK Healthcare Ex-Directors Banned For £30M In Unpaid Taxes
Two former directors of a defunct U.K. healthcare company are banned from holding executive positions at any business after failing to pay more than £30 million ($38.5 million) in taxes, the government's insolvency agency said Tuesday.
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July 30, 2024
Litigator Rejoins Faegre Drinker From Medical Device Co.
Faegre Drinker Biddle & Reath LLP's newest lateral hire is stepping back into private practice after two years as associate general counsel for orthopedic implant company Exactech, and should be a familiar face around the firm's Indianapolis office.
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July 30, 2024
NLRB Says Judge Protection Arg Can't Tank Injunction Bids
A Michigan hospital can't use the argument that National Labor Relations Board judges are unconstitutionally protected from presidential removal to tank a federal injunction bid linked to an agency case, a board official told a Michigan federal court.
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July 30, 2024
Rising Star: O'Melveny's Elizabeth Bock
Elizabeth Bock of O'Melveny & Myers LLP has mounted a staunch defense of Medicare Advantage organizations in False Claims Act cases, including her work securing the dismissal of two qui tam cases against Elevance Health Inc., earning her a spot among the healthcare attorneys under 40 honored by Law360 as Rising Stars.
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July 30, 2024
What Mass. Attys Will Be Watching In The 2nd Half Of 2024
Two potentially sweeping Massachusetts high court rulings and a long-awaited employment bill lingering in the State House are among the issues Bay State attorneys say they are monitoring closely heading into the latter half of 2024.
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July 29, 2024
NIST Lays Out 200+ Ways To Tackle Generative AI Risks
The National Institute of Standards and Technology has recommended hundreds of actions that can be taken to address issues of data privacy, intellectual property, environmental impact and more raised by generative artificial intelligence.
Expert Analysis
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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2 Recent Suits Show Resiliency Of Medicare Drug Price Law
Though pharmaceutical companies continue to file lawsuits challenging the Inflation Reduction Act, which enables the federal government to negotiate for lower prescription drug prices, recent decisions suggest that the reduced drug prices are likely here to stay, says Jose Vela Jr. at Clark Hill.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Decoding The FTC's Latest Location Data Crackdown
Following the Federal Trade Commission's groundbreaking settlements in its recent enforcement actions against X-Mode Social and InMarket Media for deceptive and unfair practices with regards to consumer location data, companies should implement policies with three crucial elements for regulatory compliance and maintaining consumer trust, says Hannah Ji-Otto at Baker Donelson.
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Defense Attys Must Prep For Imminent AI Crime Enforcement
Given recent statements by U.S. Department of Justice officials, white collar practitioners should expect to encounter artificial intelligence in federal criminal enforcement in the near term, even in pending cases, say Jarrod Schaeffer and Scott Glicksman at Abell Eskew.
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Lessons For Nursing Facilities From DOJ Fraud Settlement
The U.S. Department of Justice's recent settlement with the owner of skilled nursing and assisted living facilities in Florida provides a cautionary tale of potential fraud risks, and lessons on how facilities can mitigate government enforcement actions, say Callan Stein and Rebecca Younker at Troutman Pepper.
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Planning For Healthcare-Private Equity Antitrust Enforcement
U.S. antitrust agency developments could mean potential enforcement actions on healthcare-related acquisitions by private equity funds are on the way, and entities operating in this space should follow a series of practice tips, including early assessment of antitrust risks on both the state and federal level, say Ryan Quillian and John Kendrick at Covington.
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3 Health Insurance Paths For Psychedelic-Assisted Therapy
Ahead of potential U.S. Food and Drug Administration approvals for psychedelics as insured treatments, attorneys at Husch Blackwell review pathways for these drugs to achieve coverage as treatments for complex mental health conditions.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Bid Protest Spotlight: Nonprecedential, Unreasonable, Scope
James Tucker at MoFo examines three recent decisions showing that while the results of past competitions may inform bid strategy, they are not determinative; that an agency's award may be deemed unreasonable if it ignores available information; and that a protester may be right about an awardee's noncompliance but still lose.
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Fears About The End Of Chevron Deference Are Overblown
While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Direct Claims Ruling May Alter Gov't Ties To Software Firms
A recent Federal Circuit decision allowing a software developer to pursue legal action under the Contract Disputes Act could change the government's relationship with commercial software providers by permitting direct claims, even in third-party purchase situations, say Dan Ramish and Zach Prince at Haynes Boone.