Health

  • June 20, 2024

    Ex-DEA Heads Echo GOP AGs' Call For Pot Rescheduling Hearing

    A group of former U.S. Drug Enforcement Administration leaders and Republican attorneys general have formally requested administrative hearings on the U.S. attorney general's proposal to reschedule cannabis, according to separate letters sent this week that distinctly echo each other.

  • June 20, 2024

    Ontrak Founder's Insider Trading Case Goes To Calif. Jury

    Federal prosecutors delivered closing arguments Thursday in the insider trading trial of Ontrak's founder, telling jurors that he hurriedly dumped $20 million of shares in the healthcare company after discovering its biggest client was going to terminate their deal, while defense counsel argued he was simply exercising expiring warrants.

  • June 20, 2024

    Eli Lilly Launches Round Of Diabetes Drug Suits

    Eli Lilly on Thursday hit various compounding pharmacies and medical spas in five states and the District of Columbia with suits saying that they trick consumers into thinking that they sell Eli Lilly medications that treat diabetes and obesity when actually they are copycats and are untested by the U.S. Food and Drug Administration.

  • June 20, 2024

    Web-Tracking Guidance Exceeded HHS' Authority, Judge Says

    A Texas federal judge ordered the Biden administration Thursday to rescind its new guidance restricting hospitals' use of online tracking technology, declaring that federal officials had overstepped their authority by redefining what they consider protected health information.

  • June 20, 2024

    $13B Antitrust Suit Is Class Cert 'Antithesis,' Delta Dental Says

    The nation's largest dental insurance system and its members have blasted service providers' bid for class treatment in multidistrict litigation targeting an alleged $13 billion antitrust scheme, telling an Illinois federal judge that the providers' case "is the very antithesis of a proper class action."

  • June 20, 2024

    Spinal Implant Maker Can Liquidate Under Ch. 11 Plan

    A Delaware bankruptcy judge agreed Thursday to approve the Chapter 11 liquidation and wind-down plan of biotechnology developer InVivo, which reported it landed a buyer for its spinal cord implant technology following an unsuccessful bankruptcy auction.

  • June 20, 2024

    UnitedHealth To Pay $1M To End NY AG Birth Control Probe

    New York Attorney General Letitia James announced Thursday that UnitedHealthcare of New York Inc. will pay $1 million to end allegations that the company violated Empire State law by refusing to fully cover an oral contraceptive.

  • June 20, 2024

    Sutter Health Wins Trial Over $519M Double-Billing Claims

    A California state judge has handed Sutter Health a win following a weeks-long bench trial last year over a whistleblower's claims that the nonprofit hospital network violated the state's insurance fraud prevention statutes and owes $519 million for allegedly double-billing for certain operating-room services without documentation.

  • June 20, 2024

    No Access To Ethics Docs For Ex-NJ Official Yet, Judge Rules

    A New Jersey judge has rejected a bid by a former Garden State health official asking the court to compel the state and its ethics commission to produce documents related to claims he was fired in 2020 for raising concerns over the earmarking of COVID-19 tests for relatives of a state administration official, according to Wednesday orders.

  • June 20, 2024

    No Atty, No Case: Judge Tosses Attack On Psychedelics Ban

    A federal judge in Washington state threw out a challenge to the U.S. Drug Enforcement Administration's efforts to ban two psychedelic substances in an order Thursday that chided a psychedelic research company for doing "an end run" around requirements that corporations be represented by an attorney.

  • June 20, 2024

    HHS Drug Pricing Program Flouts Constitution, Boehringer Says

    An "unprecedented" new Medicare price negotiation program deprives drugmakers of their constitutional rights and forces them to make declarations on issues of public concern that reflect poorly on them, Boehringer Ingelheim Pharmaceuticals Inc. argued Thursday in Connecticut federal court as it echoed the industry chorus seeking to strike the initiative.

  • June 20, 2024

    Attys Accused Of Judge Shopping Rebut Fraud Allegations

    An Alabama federal judge is conducting an in-camera review of a long-awaited "Q&A document" believed to have circulated among attorneys accused of judge shopping their efforts to fight a 2022 state law preventing transgender youth from accessing gender-affirming care, with the lawyers handing over the document but denying allegations of misconduct.

  • June 20, 2024

    NBA Fraud Ringleader To Plead Fifth At Doctor's Trial

    Counsel for a former NBA journeyman who pled guilty after being accused of spearheading a scheme to defraud a league healthcare plan said his client will probably invoke the Fifth Amendment if called to testify at a co-defendant's upcoming trial.

  • June 20, 2024

    Pa. Justices Rule 'Client Exception' Can't Save Med Mal Case

    The Pennsylvania Supreme Court ruled on Tuesday that a law firm violated state discovery rules by simultaneously representing a physician and a nondefendant witness, saying a law firm representing a defendant treating physician cannot obtain information from a non-party treating physician without written consent or through discovery.

  • June 20, 2024

    ACLU Urges 9th Circ. To Reject Insurer's Trans Health Appeal

    The American Civil Liberties Union urged the Ninth Circuit to reject Blue Cross Blue Shield of Illinois' appeal seeking to overturn a lower court ruling that found denying transgender health plan participants gender-affirming care violated the Affordable Care Act, arguing federal healthcare nondiscrimination laws clearly protected against gender identity bias.

  • June 18, 2024

    Healthcare Tensions Equal Business For Litigation Funders

    As rampant consolidation collides with inflation-squeezed margins in the American healthcare system, tensions between service providers and insurers are at the breaking point and increasingly boiling "over into litigation," providing opportunities for litigation funders, according to a new article by Burford Capital LLC.

  • June 18, 2024

    Novant Pays $6.7M For Sharing Patient Data With Facebook

    A North Carolina federal judge on Monday gave the final seal of approval to a proposed $6.7 million deal resolving litigation alleging Novant Health Inc. shared sensitive patient data with Facebook, certifying a nationwide settlement class of roughly 1.3 million individuals.

  • June 18, 2024

    High Court Petition Asks Justices: What's A 'Willful' Kickback?

    Does a "willful" act under federal anti-kickback law require a defendant to know that the conduct violates the law? That's the question a whistleblower is asking the U.S. Supreme Court to answer in order to resolve what the petition calls a circuit split on a key question of federal fraud prosecutions.

  • June 18, 2024

    Company, States Battle In Court Over At-Home Rape Kits

    A fight is brewing in federal and state courts between a company that purports to be the nation's only purveyor of self-administered sexual assault DNA collection kits and state attorneys general who believe it is misleading sexual assault victims.

  • June 20, 2024

    CORRECTED: Drug Cos., PBMs Score Win In Calif. AG's Insulin Price Suit

    A Los Angeles judge ruled Tuesday that the statute of limitations bars the California Attorney General's unfair competition law and unjust enrichment claims against drugmakers and pharmacy benefit managers over an alleged conspiracy to spike insulin costs, but granted leave to amend the allegations.

  • June 18, 2024

    Fla. Immune To Contract Suit Over COVID Tests, 4th Circ. Says

    The Fourth Circuit reversed on Tuesday a district court decision denying a motion to dismiss by a Florida state agency in a breach of contract case involving COVID-19 tests, finding the lower court erred in ruling that the state did not have sovereign immunity and remanding the case for further proceedings.

  • June 18, 2024

    Group Home's Atty In Europe On Day Of Depos, Court Told

    The Connecticut Institute for the Blind should be sanctioned because its attorney went to Europe and three witnesses, including the CEO, failed to appear for depositions after a $13.4 million verdict arising from the death of a group home resident, the man's family told a state court judge Tuesday.

  • June 18, 2024

    Seattle Can't Stop Firefighters' COVID Vaccine Suit

    Firefighters who sued over Seattle's COVID-19 vaccine mandate have offered sufficient evidence to allege they faced religious discrimination, according to a federal magistrate judge who trimmed some claims on Tuesday but refused to toss the lawsuit.

  • June 18, 2024

    Insurer Countersues In Penile Implant Coverage Dispute

    An insurer has no duty to defend or indemnify a urologist, his medical device company or his practice in a proposed class action over a penile enlargement implant and procedure, the company told a California federal court, saying the underlying suit doesn't seek bodily injury damages that would trigger coverage.

  • June 18, 2024

    9th Circ. Nixes City's Win In Wash. Firefighter Vax Order Suit

    The Ninth Circuit on Tuesday revived a lawsuit by a group of firefighters who claim the city of Spokane, Washington, violated their constitutional rights when it fired them for refusing to get COVID-19 vaccines and instead relied on first responders from nearby agencies who also hadn't gotten the shot, ruling they'd asserted a viable First Amendment claim.

Expert Analysis

  • Careful Data Governance Is A Must Amid Enforcement Focus

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

  • Inside Antitrust Agencies' Rollup And Serial Acquisition Moves

    Author Photo

    The recent request for public comments on serial acquisitions and rollup strategies from the Federal Trade Commission and U.S. Justice Department mark the antitrust agencies' continued focus on actions that fall below premerger reporting thresholds, say attorneys at Paul Weiss.

  • Think Like A Lawyer: Always Be Closing

    Author Photo

    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Series

    Playing Chess Makes Me A Better Lawyer

    Author Photo

    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • 9th Circ. Clarifies ERISA Preemption For Healthcare Industry

    Author Photo

    The Ninth Circuit's recent ruling in Bristol SL Holdings v. Cigna notably clarifies the broad scope of the Employee Retirement Income Security Act's preemption of certain state law causes of action, standing to benefit payors and health plan administrators, say attorneys at Troutman Pepper.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

    Author Photo

    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!