A Connecticut federal court has sided with the generic-drug makers accused of price-fixing by state-level enforcers and will allow a narrower case involving 15 drugs to move ahead prior to a much broader case involving more than 100 medications.
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SUNDAY, DECEMBER 22, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Generic-Drug Cos. Get State AGs' Trial Order Flipped

By Matthew Perlman

A Connecticut federal court has sided with the generic-drug makers accused of price-fixing by state-level enforcers and will allow a narrower case involving 15 drugs to move ahead prior to a much broader case involving more than 100 medications.

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FDA Declaration May Restart Compounders' Shortage Suit

By Dan McKay

Federal regulators pulled Eli Lilly's lucrative weight-loss and diabetes drug off the national shortage list Thursday and gave compounding pharmacists two months to stop making copycat versions of the injectable medication, a move with the potential to reignite a Texas legal clash.

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PhRMA Wins Bid To Halt W.Va. Drug Discount Expansion Law

By Hannah Albarazi

The country's biggest pharmaceutical lobbying group has won preliminary injunctions against a West Virginia law that the Pharmaceutical Research and Manufacturers of America claims unconstitutionally expands a federal drug discount program, with a federal judge finding that the law threatens to create a situation where "the fox guards the henhouse."

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Google Health Tracking Plaintiffs Fight To Keep Suit Alive

By Bonnie Eslinger

A California federal judge who was asked by Google to toss a proposed class action alleging that the tech giant illicitly scoops up users' personal data from healthcare providers' websites indicated during a Thursday hearing that he might grant the request while adding that he still has "a lot more thinking to do."

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Analysis

Top Privacy & Cybersecurity Developments Of 2024

By Allison Grande

The state data privacy law patchwork continued to add new and varied pieces in 2024, while major hacks shook up the healthcare industry and other critical sectors, and the first U.S. laws setting guardrails for the use of artificial intelligence technologies emerged.

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Analysis

Top Gov't Contracts Cases Of 2024

By Daniel Wilson

Courts and the U.S. Government Accountability Office have made several high-profile, consequential decisions for government contractors this year, addressing the constitutionality of the False Claims Act's whistleblower provisions and the limits of the president's authority over federal procurement.

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POLICY & REGULATION

Bill Aimed At IHS Recruitment, Retention Heads To House

By Crystal Owens

A bill designed to make it easier for the Indian Health Service to recruit and retain medical workers is headed for the U.S. House of Representatives for consideration after easily passing the U.S. Senate this week.

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GAO Says Army Can Stop Solicitation After Multiple Protests

By Daniel Wilson

The U.S. Government Accountability Office has rejected a protest over the U.S. Army's decision to cancel a medical instructor support deal, saying the Army reasonably found it had to address changed circumstances after a string of related protests.

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ENFORCEMENT & COMPLIANCE

9 Charged In $20M Medicaid Fraud Linked To Philly Pharmacy

By P.J. D'Annunzio

Nine people associated with a South Philadelphia pharmacy have been charged with an alleged five-year scheme to defraud Medicare and Medicaid out of $20 million by submitting false claims for prescription reimbursement of expensive medications like HIV drugs, the Pennsylvania Attorney General's Office said Thursday.

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Addiction Group Pays $2M In Mass. AG False Billing Probe

By Brian Dowling

An addiction treatment physician group with offices across western Massachusetts will pay $2 million to settle allegations that it overcharged for visits and billed for tests that were not medically necessary, the state's attorney general said Thursday.

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LITIGATION

FTC Says PBMs Can't Get Preliminary Block In Insulin Case

By Bryan Koenig

The Federal Trade Commission urged a Missouri federal judge Thursday not to temporarily block its in-house case accusing pharmacy benefits managers of artificially inflating insulin prices through unfair rebate schemes, arguing Congress clearly empowered such in-house adjudications and the officials who handle them.

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McKesson Urges Justices To Keep Hobbs Act's 'Exclusivity'

By Ali Sullivan

McKesson Corp. is urging the U.S. Supreme Court to preserve circuit courts' "exclusive" jurisdiction for Federal Communications Commission orders, warning that regulatory consistency nationwide could be undermined if lower courts are allowed to step in.

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Michigan's Biggest Decisions Of 2024

By Carolyn Muyskens

This year, the Michigan Supreme Court instituted sweeping changes to the state's wage and paid leave laws, took some damages off the table for wrongful death plaintiffs, and recognized third-party retaliation claims.

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5th Circ. Urged To Deny Tax Break For Doc's Captive Insurance

By Anna Scott Farrell

A physician who owns a network of urgent care clinics was correctly denied tax deductions along with his wife for over $1 million in premiums they paid to insurance companies they owned, the government told the Fifth Circuit, saying the captive arrangements didn't qualify as insurance for tax purposes.

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Chicago Hospital Network Strikes Deal In 401(k) Fee Suit

By Grace Elletson

A Chicago-area hospital system has agreed to settle a former worker's proposed class action claiming it failed to secure lower recordkeeping fees for its $1.8 billion retirement plan even when its peers were able to land better deals.

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Philips CPAP Suits Against SoClean Tossed From MDLs

By Mike Curley

A Pennsylvania federal judge has tossed two complaints from Philips RS North America against SoClean Inc. from multidistrict litigation stemming from a CPAP machine recall, saying one would disrupt the wrap-up of the MDL surrounding Philips' products, while the other should not have been filed directly into the SoClean MDL.

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NY Court Affirms $3.1M Verdict Over ER Patient's Stroke

By Y. Peter Kang

A New York appellate panel has upheld a jury's $3.16 million verdict in a suit accusing an emergency room doctor and a Long Island hospital of failing to prevent a man's debilitating stroke, saying the jury's verdict was not excessive and was supported by sufficient evidence.

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EXPERT ANALYSIS

Why Letters Of Protection Are Discoverable In Texas PI Suits

Recent Texas Supreme Court opinions and key provisions of the Texas Rules of Civil Procedure make letters of protection, in which plaintiff attorneys promise payment to healthcare providers based on jury awards, discoverable — good news for defendants fighting exorbitant damage claims in personal injury cases, says Nathan Vrazel at Munsch Hardt.

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Data Privacy Landscape After Mass. Justices' Wiretap Ruling

In Vita v. New England Baptist Hospital, Massachusetts’ highest court recently ruled that the state’s wiretap law doesn’t prohibit all tracking of website user activity, but major financial and reputational risks remain for businesses that aren't transparent about customer’s web data, says Seth Berman at Nutter.

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Making The Pitch To Grow Your Company's Legal Team

In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.

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LEGAL INDUSTRY

MoFo, Irell Latest Firms To Unveil Competitive Bonuses

By Aebra Coe & Hailey Konnath

Morrison Foerster LLP and litigation boutique Irell & Manella LLP have joined a chorus of firms announcing associate bonuses that meet or exceed the BigLaw standard for associate bonuses this year, with MoFo offering up to $218,200 and Irell handing its lawyers as much as $175,000.

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Podcast

Approach The Bench: What Judges Had To Say This Year

By Cara Bayles

Jurists weighed the benefits of partisan elections, praised innovations in telehearings and worried about the future of the profession in nearly a dozen interviews with Law360 this year.

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Gunster $8.5M Data Breach Deal Needs More Info, Judge Says

By Matt Perez

A Florida federal judge this week denied preliminary approval of an $8.5 million settlement in a data breach class action against Gunster and demanded more information on payouts, the plaintiffs' standing in the case and a historical breakdown of settlement rates.

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NJ Bar's Diversity Plan Isn't Biased, Panel Says

By Tracey Read

A New Jersey state appeals court reversed and remanded on Friday a lower court's ruling that found the state bar association's diversity practices to be an unlawful, discriminatory quota system.

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If Gov't Shuts Down, Judiciary Will Be Funded Until Jan. 10

By Courtney Bublé

If there is a government shutdown, the federal judiciary would be funded at least until Jan. 10, the Administrative Office of the U.S. Courts said Friday.

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Analysis

How Lawyers May Sue The Trump Administration … Again

By Cara Bayles

During the last Trump administration, BigLaw firms challenged White House policies, focusing on immigration, environmental regulations and healthcare. This time around, attorneys could rely on old tools, and some new tactics, to stall the executive branch.

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Biden Exceeds Trump's Record On Judges By One

By Courtney Bublé

The U.S. Senate confirmed on Friday the last two judicial nominations from President Joe Biden, making his total of lifetime judicial appointments 235, just one over President Donald Trump's 234.

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High Court Bar's Future: Williams & Connolly's Sarah Harris

By Katie Buehler

Sarah M. Harris of Williams & Connolly LLP never planned on being a U.S. Supreme Court advocate, or even an appellate one. She stumbled upon that career path after realizing her initial goal of becoming a national security or government lawyer wasn't the right fit.

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No, Microsoft Isn't Driving DOJ's Google Antitrust Suit: Judge

By Bryan Koenig

A D.C. federal judge pushed back Friday on Google's efforts to paint Microsoft as the true plaintiff in the Justice Department's search monopolization lawsuit, casting doubt during a hearing that Google should get even more information about Microsoft's relationship with ChatGPT-maker OpenAI.

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Feature

Litigator On The Roof: The Acting, Singing Mass. Solicitor

By Chris Villani

The top appellate lawyer in the Massachusetts Office of the Attorney General will be ringing in the new year by performing a comical cantata by Johann Sebastian Bach, the latest show in a lengthy side career in music.

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Hagens Berman Settles Suit Over Effexor Deal Atty Fees

By Bryan Koenig

A pharmaceutical reseller's in-house counsel and founder moved Friday to drop a Mississippi federal court breach of contract suit accusing Hagens Berman Sobol Shapiro LLP of stiffing him on his share of a $13 million attorney fees award from an antitrust class settlement, citing a resolution to the dispute.

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Q&A

A Judge Reflects: West Wing Call, 'Alford Plea?' Early Exit

By Hayley Fowler

When Chief Judge Louis A. Bledsoe III of the North Carolina Business Court hangs up his robes for the last time on Dec. 31, he'll leave behind a white-hot docket of high-profile cases and a profusion of opinions that helped mold the court into a tribunal fit to rival Delaware's Court of Chancery.

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Law360's Legal Lions Of The Week

By Andrea Keckley

This week's Legal Lions leader comes from the public sector, as federal prosecutors secured a $650 million settlement from McKinsey & Co. to resolve a lawsuit over the consulting giant's role in Purdue Pharma's promotion of OxyContin.

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UK Litigation Roundup: Here's What You Missed In London

By Max Austin

This past week in London has seen the University of Southampton sue a drone-maker over the rights to an uncrewed aircraft patent, Importers Service Corp. and its subsidiary ISC Europe take action against a former director who allegedly owes the company over £1.1 million ($1.4 million), and DAC Beachcroft face a fraud claim by a "prolific litigant." 

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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COMPANIES IN TODAY'S NEWS

AT&T Inc.

AbbVie Inc.

Advance Auto Parts Inc.

Aetna Inc.

Allergan PLC

American Civil Liberties Union

American Constitution Society

American Hospital Association

Apple Inc.

Association of Corporate Counsel

Atlantic Coast Conference

Aurobindo Pharma Ltd.

Avet Pharmaceuticals Inc.

BNP Paribas SA

Beazley PLC

Beth Israel Deaconess Medical Center

Blue Cross Blue Shield Association

Blue Cross Blue Shield of Michigan Inc.

Boy Scouts of America

British American Tobacco PLC

CVS Health Corp.

Change Healthcare Inc.

Cincinnati Financial Corp.

Democracy Forward Foundation

DuPont de Nemours Inc.

Duke Energy Corp.

Eli Lilly & Co.

Essity AB

Express Scripts Holding Co.

Exxon Mobil Corp.

FarmaKeio

Federalist Society

Fluor Corp.

Ford Motor Co.

GP Global

Google LLC

Greater Boston Chamber of Commerce

Gulf Petrochem FZC

IHS Markit Ltd.

Judicial Watch Inc.

Lambda Legal Defense & Educational Fund

Live Nation Entertainment Inc.

Major Lindsey & Africa LLC

McKesson Corp.

McKinsey & Co. Inc.

Meadow

Meta Platforms Inc.

Microsoft Corp.

Monsanto Co.

Mozilla Corp.

Natixis SA

New England Baptist Hospital

New Jersey State Bar Association

Novartis AG

Novo Nordisk A S

Optum Inc.

Our Children's Trust

Pfizer Inc.

Pharmaceutical Research & Manufacturers of America

Prime Healthcare Services Inc.

Princeton University

Purdue Pharma LP

ROC Nation LLC

Reynolds American Inc.

Saint-Gobain SA

Samsung Electronics Co. Ltd.

Sandoz International GmbH

SoClean Inc.

SolarWinds Corp.

Spotify Technology SA

Starr International Co. Inc.

Teva Pharmaceutical Industries Ltd.

The Boeing Co.

The Cigna Group

The Goodyear Tire & Rubber Co.

The New York Times Co.

The Royal Bank of Scotland Group PLC

The Walt Disney Co.

TikTok Inc.

Twitter Inc.

United Steelworkers

UnitedHealth Group Inc.

Valero Energy Corp.

Viatris Inc.

Walmart Inc.

Walt Disney Parks & Resorts Worldwide Inc.

Wells Fargo & Co.

Werner Enterprises Inc.

Western Environmental Law Center

LAW FIRMS IN TODAY'S NEWS

Addleshaw Goddard

Ahmad Zavitsanos

Akerman LLP

Alston & Bird

American Center for Law & Justice Inc.

Anderson & Wanca

Armstrong Teasdale

Arnold & Porter

Babst Calland

Bailey Duquette

Baker & Hostetler

Baker Botts

Barrett Law Group

Blacks Solicitors

Brito PLLC

Buchanan Firm

Buchanan Ingersoll

CMS Cameron McKenna

Carlton Fields

Chamberlain Hrdlicka

Charles Russell Speechlys

Choate Hall

Clark Hill

Cole Schotz

Competition Law Partners

Covington & Burling

Cozen O'Connor

Cravath Swaine

Curtis Mallet-Prevost

DAC Beachcroft

DLA Piper

Davis Wright Tremaine

Day Pitney

DeCotiis FitzPatrick

Debevoise & Plimpton

Dechert LLP

Dinsmore & Shohl

Duffy & Duffy

Faegre Drinker

Fenchurch Law

Fieldfisher

Finnegan

Fisher & Phillips

Foley & Lardner

Forsters LLP

Fried Frank

Gage Spencer & Fleming

Gatehouse Chambers

Gibbons PC

Gibson Dunn

Glancy Prongay

Glenn Agre

Goodwin Procter

Gowling WLG

Greenberg Traurig

Gunster Yoakley

Gupta Wessler

Hadsell Stormer

Hagens Berman

Halunen Law

Haynes & Boone

Hellmuth & Johnson

Hinckley Allen

Hogan Lovells

Holland & Knight

Holman Fenwick

Holwell Shuster

Hueston Hennigan

Hugh James

Husch Blackwell

Irell & Manella

Jenner & Block

Jones Day

K&L Gates

Kasowitz Benson

Keker Van Nest & Peters

Kelley Drye

Kerr Russell

Kiesel Law

Kirkland & Ellis

Krantz & Berman

Kutak Rock

Latham & Watkins

Law Office of Rajeh A. Saadeh

Lewis Brisbois

Lieff Cabraser

Linklaters LLP

Litigation Practice Group

Lowey Dannenberg

Mauro Lilling

Mayer Brown

Milbank LLP

Mintz Levin

Morgan & Morgan

Morgan Lewis

Morrison Foerster

Munsch Hardt

Nabarro LLP

Norton Rose

Nutter McClennen

O'Melveny & Myers

Orrick Herrington

Patterson Belknap

Paul Weiss

Paynter Law Firm

Perkins Coie

Petrillo Klein

Pillsbury Winthrop

Plunkett Cooney

Pollack Pollack

Proskauer Rose

Quinn Emanuel

Reed Smith

Reynolds Porter

Robinson Bradshaw

Ropes & Gray

Ross Aronstam

Roythornes Solicitors

Rule Garza

Sanford Heisler

Saul Ewing

Schertler Onorato

Seward & Kissel

Seyfarth Shaw

Shapiro Arato

Shaub Ahmuty

Sidley Austin

Simmons Hanly

Skadden Arps

Spector Constant & Williams

Sullivan & Cromwell

TLT LLP

Trenk Isabel

Troutman Pepper

Trowers & Hamlins

Vartabedian Hester

Venable LLP

Walcheske & Luzi

Ward Hadaway

Welsh & Recker

White & Case

White and Williams

Wiggin & Dana

Wiley Rein

Wilkinson Stekloff

Williams & Connolly

Willkie Farr

WilmerHale

Wilson Sonsini

Winston & Strawn

GOVERNMENT AGENCIES IN TODAY'S NEWS

Centers for Medicare & Medicaid Services

Central Intelligence Agency

Commodity Futures Trading Commission

Companies House

Connecticut Attorney General's Office

Consumer Financial Protection Bureau

Defense Contract Management Agency

Delaware Court of Chancery

Federal Acquisition Regulatory Council

Federal Communications Commission

Federal Trade Commission

Food and Drug Administration

Georgia Court of Appeals

Indian Health Service

Internal Revenue Service

Massachusetts Legislature

Massachusetts Supreme Judicial Court

Michigan Supreme Court

New York Department of Financial Services

New York Supreme Court, New York County

Ohio Supreme Court

Pennsylvania Attorney General's Office

Small Business Administration

State of Tennessee

Texas Supreme Court

The Crown Prosecution Service

U.S. Army

U.S. Attorney's Office for the District of Massachusetts

U.S. Attorney's Office for the Western District of Virginia

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. Department of Labor

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the Central District of California

U.S. District Court for the District of Arizona

U.S. District Court for the District of Columbia

U.S. District Court for the District of Connecticut

U.S. District Court for the District of Minnesota

U.S. District Court for the District of South Carolina

U.S. District Court for the Eastern District of Michigan

U.S. District Court for the Eastern District of Missouri

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Eastern District of Tennessee

U.S. District Court for the Middle District of Florida

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of California

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of Mississippi

U.S. District Court for the Southern District of West Virginia

U.S. District Court for the Western District of Pennsylvania

U.S. Environmental Protection Agency

U.S. Government Accountability Office

U.S. House of Representatives

U.S. Railroad Retirement Board

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

U.S. Tax Court

UK High Court

US Office of Management and Budget

West Virginia Attorney General's Office