More Healthcare Coverage
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January 29, 2024
McCarter & English Urges Against Updating Malpractice Suit
McCarter & English LLP has condemned a New Jersey biopharmaceutical company's latest attempt to amend its malpractice complaint against the firm, telling the court in a letter that some of the claims were time-barred or impossible to prove.
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January 29, 2024
Shumaker Can't Get Double Fees For Appeal, Wilkes Says
An unpersuasive argument doesn't make an appeal frivolous or sanctionable, Wilkes & Associates PA has told a Florida federal court, urging it to reject Shumaker Loop & Kendrick LLP's request to double a bankruptcy court's fee award.
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January 29, 2024
Akerman Health Pro Jumps To Carlton Fields In Atlanta
An Akerman LLP partner with more than three decades of life sciences experience under his belt has joined Carlton Fields in Atlanta, the firm announced Monday.
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January 29, 2024
CVS Must Face Suit Claiming It Favored South Asian Workers
CVS can't avoid a proposed class action claiming it preferred Indian and other South Asian quality assurance consultants and laid off many Black employees, a Rhode Island federal judge said Monday, rejecting the retailer's arguments that the suit was vague and filed too late.
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January 26, 2024
COVID-19 Immunity Law Shields Hospital From Negligence
A hospital is not liable for negligence claims after a patient sustained trip-and-fall injuries while exiting through a door designated for people being treated with monoclonal antibody infusion therapy, the Alabama Supreme Court said Friday.
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January 26, 2024
GSK Unit Pauses Chancery Patent Suit For Settlement Talks
A specialty pharma company majority-owned by GlaxoSmithKline has agreed to stay its Delaware Chancery Court lawsuit against a San Francisco biotech startup it accuses of butting into a university research collaboration and taking control of patents that the startup doesn't own.
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January 26, 2024
GAO Rejects Challenge To Pentagon's $44B Medical Deal
The U.S. Government Accountability Office rejected a medical firm's efforts to again upend a pending $44 billion defense contract for professional medical services, saying the Defense Health Agency's revamped evaluation methodology appropriately accounted for bidders' proposed pricing.
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January 26, 2024
Mich. Court Backs Order For Hospital's COVID Policy Records
A Michigan hospital accused of medical malpractice and gross negligence must produce any documents it has showing whether doctors and nurses were directed to withhold CPR from COVID-19 patients in the early days of the pandemic, under a ruling issued Thursday by the state Court of Appeals.
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January 26, 2024
Geico Seeks $3M From Med Cos. In Claimed No-Fault Scheme
Geico told a New Jersey federal court it is seeking to recover nearly $3 million from a group of New Jersey medical providers and their owners and practitioners who the insurer alleges partook in a no-fault charge scheme that defrauded the insurer's policyholders since 2017.
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January 26, 2024
Foot Doc Can't Outrun Suit Alleging Needless, Failed Surgery
A podiatrist must face a lawsuit alleging she performed an unnecessary foot surgery that led to a corrective procedure and pain for her patient, as a Texas appellate court has ruled that a second doctor's "expert report" finding fault with the defendant's performance is sufficiently detailed for the suit to proceed.
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January 26, 2024
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen Sainsbury’s Supermarkets face patent proceedings over a specific type of mandarin, Alexander Nix, the former chief of Cambridge Analytica, embroiled in further proceedings with Dynamo Recoveries, the sports management arm of Warner Bros raise a red card against crypto exchange Next Hash, and EY targeted in a libel claim by a consultancy firm. Here, Law360 looks at these and other new claims in the U.K.
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January 25, 2024
Eye Care Tech Co. Gets Tentative OK For $8M DIP
Optometry software maker Eye Care Leaders received tentative approval Thursday from a Texas bankruptcy judge to tap into $8 million of debtor-in-possession financing from a private equity firm looking to buy the company in a Chapter 11 sale.
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January 25, 2024
Philly Children's Hospital Avoids Baby Brain Injury Suit
A $7 million medical malpractice settlement for claims that an Ohio doctor's operation injured an unborn child precluded a separate lawsuit claiming that Children's Hospital of Philadelphia caused the same injuries by not treating the same issue, a Pennsylvania appellate court ruled Thursday.
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January 25, 2024
Conn. Judge OKs State Oversight Of Defunct Nursing School
The state of Connecticut has inked a deal to supervise assets held by a shuttered for-profit nursing school accused of scamming its students in exchange for the government withdrawing its request for receivership, court documents show.
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January 25, 2024
2nd Circ. Backs SUNY's Win In Black Director's Bias Suit
The Second Circuit refused to reinstate a psychiatrist's lawsuit, which said a university medical center pushed him out for being a Black man of Caribbean origin, finding he couldn't rebut the argument that refusing to spend time on supervisory work was what cost him his job.
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January 25, 2024
Philly Hospital Must Face Ex-Engineer's COVID Vax Bias Suit
The Children's Hospital of Philadelphia can't escape a former engineer's lawsuit claiming it unlawfully refused his request for a religious exemption from a COVID-19 vaccine mandate, after a Pennsylvania federal judge ruled Thursday that the worker provided enough detail about his Christian beliefs.
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January 25, 2024
Ind. Justices Loosen Medical Expert Standard Of Care Rule
The Indiana Supreme Court on Thursday revived a woman's suit against a South Bend doctor she says failed to recognize she'd broken her arm after a car accident, in the process overturning a prior ruling that held medical experts needed to directly state the standard of care that was allegedly breached to sustain a suit.
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January 25, 2024
Security Co. $1.2M Misclassification Deal Scores Final OK
A California federal judge signed off on a $1.2 million deal ending a suit brought by medical staff workers who claim a security services company misclassified them as independent contractors, saying the settlement is a fair and reasonable resolution to their claims.
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January 25, 2024
Surgeon Says He Was Alone On-Call But Couldn't Hit Quotas
A surgeon at a small Pennsylvania hospital testified Thursday that he covered weeks and months of "on-call" time by himself after his colleague's sudden retirement in 2019, but he still couldn't meet high productivity quotas that an Allegheny Health Network subsidiary eventually cited to cut his salary and push him out the door.
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January 24, 2024
Latham Ducks Sanctions In Sorrento Ch. 11
A Texas bankruptcy judge Wednesday declined to level sanctions against Latham & Watkins LLP over their disclosures about their work with a lawyer who was dating the judge overseeing Sorrento Therapeutics Inc.'s Chapter 11, but did not yet rule on sanctioning Jackson Walker LLP in the same case, saying further inquiry was needed.
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January 24, 2024
Trump Bristles At Shkreli Comparison In NY Civil Fraud Case
Donald Trump on Wednesday took umbrage at New York Attorney General Letitia James comparing his civil fraud case to that of convicted "Pharma Bro" fraudster Martin Shkreli, saying it merely reveals "her desperation and obvious frustration" with the former president's "ongoing ascent toward the White House."
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January 24, 2024
Bid To Swap Chevron For An Old Standby Raises Doubts
Last week, the U.S. Supreme Court debated whether a World War II-era doctrine encouraging courts to strongly consider agency statutory interpretations could replace the court's controversial so-called Chevron doctrine that requires judges to defer to those interpretations if a statute is ambiguous.
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January 24, 2024
Workers' Break Suit Paused To Finalize Deal With Athena
Two workers' suit claiming Athena Health Care failed to provide them with 30-minute meal breaks will be on hold, a Connecticut federal judge said, as the parties finalize a settlement they recently reached.
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January 24, 2024
Elmo Can't Save Parents' COVID-19 Vax Suit, 5th Circ. Says
The Fifth Circuit on Tuesday upheld the dismissal of a suit against the U.S. Food and Drug Administration over its approval of the COVID-19 vaccine for children, rejecting claims it could lead to kids getting vaccinated without consent and that a video showing Elmo of "Sesame Street" receiving the shot proved opponents of the vaccine were harmed by the media.
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January 24, 2024
Tort Report: Helicopter Crash Settlement Sets US Record
A key medical malpractice ruling issued by Ohio's top court and a record-setting helicopter crash settlement lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
Expert Analysis
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Insurance Perils For Health Providers Using 3D-Printing Tech
As the medical polymer market quickly grows amid burgeoning demand for the 3D printing of medical devices, a recent case involving liability for a 3D-printed dental implant surgery exposes the potential gap in medical malpractice and product liability coverage for health care professionals designing and using these products, says Paul Farquharson at Semmes.
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Ohio Workers' Suit Could Distort RICO And Trafficking Laws
An Ohio federal court case over employment contract provisions — Carmen v. Health Carousel — may dramatically expand the scope of trafficking laws and the Racketeer Influenced and Corrupt Organizations Act, which could put ordinary employment disputes under the purview of statutes meant to target organized crime and forced labor, says Noah Peters at Brewer, Attorneys & Counselors.
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7th Circ. Ruling Shows Value Of Thorough Debtor Notices
The Seventh Circuit recently decided to affirm a bankruptcy court's rejection of a USA Gymnastics member’s claim that she wasn't properly notified of a deadline, highlighting that the more comprehensive a debtor’s notice efforts are, the easier it will be to enforce bankruptcy court’s orders later on, says Katherine Preston at Winston & Strawn.
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6 Tax Considerations For Life Sciences Collaboration Deals
Given recent IRS guidance and changes to certain tax rates and deductions, biotech and life sciences companies entering into collaboration agreements should assess several unique taxation issues affecting matters ranging from research and development expenditures to profit-sharing terms, say attorneys at Orrick and Andersen Tax.
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Congress Must Ban Discretionary Clauses In ERISA Plans
Contrary to a recent Law360 guest article’s argument, prohibiting discretionary clauses in Employee Retirement Income Security Act benefit plans would reinforce the statute’s intent of protecting participants, and the only way to effectively moot such clauses is through congressional action, says Mark DeBofsky at DeBofsky Law.
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Congressional Probes After The Midterms: Tips For Witnesses
With the GOP planning a barrage of investigations into the Biden administration if it wins control of the House this fall, current and former government officials and corporate executives who might be called as witnesses must prepare to protect their personal interests — and those of their organizations, says Kevin Carroll at Hughes Hubbard.
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Establishing Bad Faith In Removal Claims
Recent precedent from federal courts in South Carolina and other jurisdictions shows that bad faith in removal claims can be established when defendants present clear evidence of plaintiffs intentionally delaying or withholding pertinent information — but defendants must be able to back up their assertions, says Denver Smith at Butler Snow.
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Lessons From 1st COVID Biz Interruption Policyholder Verdict
Robyn Anderson at Lathrop examines what made Baylor College of Medicine's recent COVID-19 business interruption case a success in Texas state court, and considers whether this first win on behalf of an insured is an outlier or a sign of more to come.
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No-Poach Plea Hiccups Point To DOJ's Unsound Theory
After a series of setbacks, the U.S. Department of Justice could soon obtain its first no-poach conviction, but complications in a recent change-of-plea hearing demonstrate that the government’s problems may continue as long as it incorrectly insists that labor cases are the same as any other antitrust conspiracy, say Mark Butscha and Matthew Ridings at Thompson Hine.
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State COVID Insurance Rulings Highlight Errors In Dismissals
Recent California and Vermont decisions in favor of policyholders, along with a $48 million jury verdict in Texas, underscore the error that courts are making by dismissing COVID-19 business interruption lawsuits at the pleading stage without consideration of the facts and evidence in each case, say Joseph Niczky and Michael Levine at Hunton.
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Recent Cases Guide On Use Of Experts In Employment Trials
Experts can help judges and juries understand a range of issues in employment litigation, from statistical data to damages, and recent cases involving admissibility challenges provide lessons for the careful selection of experts to meet Daubert standards, say Kathleen Anderson and John Maley at Barnes & Thornburg.
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2nd Circ. Shkreli Atty Ruling Guides On 401(k) Garnishment
The Second Circuit’s recent holding that the government could garnish the 401(k) accounts of Martin Shkreli’s co-conspirator attorney shows that those facing criminal charges should prepare for the possibility that their retirement accounts may be subject to garnishment in order to satisfy restitution orders, say Brea Croteau and Edward Novak at Polsinelli.
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Physician Noncompetes May Get Federal Antitrust Treatment
While interpretation and enforcement of health care noncompete agreements have traditionally been viewed as state law matters, the agreements are increasingly facing scrutiny of their anticompetitive effects at a national level, say John Zen Jackson and Jessica Carroll at Greenbaum Rowe.