More Healthcare Coverage

  • March 07, 2024

    Petition Watch: Student Athletes, Oil Spills & Preemption

    The U.S. Supreme Court receives thousands of petitions for review each term, but only a few make the news. Here, Law360 looks at four petitions filed in the past three weeks that you might've missed: questions over whether student athletes have a business interest in being eligible to play college sports, how much oil is needed to qualify as an oil spill, whether an exemption to the Fourth Amendment applies to artificial intelligence and whether consumers can sue drug companies under state law for violating federal regulations.

  • March 07, 2024

    Care Worker's Federal OT Claim Doomed By Late Filing

    A residential care facility worker was too late in filing a federal claim that he was not properly paid overtime wages, a New York federal judge ruled, tossing that allegation from the worker's suit while sending his state law wage claim to state court.

  • March 07, 2024

    Claims Court Backs VA Redo Of Eyewear Deal Over Errors

    A Court of Federal Claims judge tossed an eyewear manufacturer's bid to be reinstated to a U.S. Department of Veterans Affairs optometry deal, saying the VA was allowed to cancel the award in light of calculation errors the agency made.

  • March 07, 2024

    Netflix, Privacy Plaintiffs Scolded For 'Entirely Deficient' Filing

    An Indiana federal judge has scolded Netflix Inc. and three women for filing an "entirely deficient" summary judgment hearing agenda in a suit accusing the streaming giant of revealing the women's identities in a documentary about a fertility doctor who used his own sperm to impregnate his patients.

  • March 06, 2024

    5th Circ. Weighs 'Very Complex' Chemo Hair Loss Dispute

    The Fifth Circuit is weighing whether two drug manufacturers had an obligation to expedite changing the label on their chemotherapy medications to warn of permanent hair loss in a case one justice describes as "a very complex situation" that will have far-reaching consequences for drugmakers and patients.

  • March 05, 2024

    4th Circ. Affirms Med Mal Trial Win For Md. Patient

    A clinic and gynecologist can't evade a $1 million judgment over claims they botched a surgery, causing a patient's infection and ultimately the removal of part of her large intestine, a Fourth Circuit panel ruled, saying there was sufficient evidence for a jury to find them liable.

  • March 05, 2024

    Pharmacist Takes Deal In Mich. Over Fatal Meningitis Outbreak

    The founder of a Massachusetts drug compounding center that was the source of a deadly meningitis outbreak has pled no contest to 11 counts of manslaughter brought by Michigan state prosecutors, the latter state's Department of Attorney General announced Tuesday.

  • March 05, 2024

    Magnolia Medical Again Sues Kurin Over Sepsis IP

    Magnolia Medical has accused Kurin of continuing to infringe patents covering its diagnostic tests for sepsis and other bloodstream infections after Kurin lost a jury trial in 2022 over a different patent, claiming its rival has a "predatory business model."

  • March 05, 2024

    Conn. Healthcare Trade Group Drops Staffing Rule Challenge

    A healthcare trade group has dropped its suit seeking to stop Connecticut health officials from implementing new nursing home staff allocation controls in the wake of a new law increasing per-patient staffing hours.

  • March 05, 2024

    Avadel Told To Pay Jazz Pharma $234K Over Narcolepsy Drug IP

    A Delaware federal jury found Monday that a specialty drugmaker owes nearly $234,000 to drug manufacturer Jazz Pharmaceuticals Inc. for using a patented process behind its newer narcolepsy drug, launched last year to sales of over $28 million.

  • March 05, 2024

    FDA Rejection Of Fosamax's Label Fix Not Final, 3rd Circ. Told

    Counsel for patients suing Merck over its osteoporosis drug Fosamax's alleged risk of causing painful bone fractures told a Third Circuit panel Tuesday that a Food and Drug Administration letter denying changes to the drug's label does not count as a final agency action triggering federal preemption of state law failure to warn claims.

  • March 05, 2024

    NJ Atty Aims To Duck Claims He Botched Suit Amid Pandemic

    A New Jersey attorney has asked a state court to dismiss a former client's legal malpractice claims against him arising out of the confusion of the onset of the COVID-19 pandemic, arguing that the allegations show "duplicity" in repudiating an underlying medical malpractice settlement he negotiated for her.

  • March 05, 2024

    Ex-Walgreens CLO Joins UnitedHealth In Advisory Role

    Walgreens' former top legal leader in the U.S. and a one-time O'Melveny & Myers LLP healthcare partner has announced on her LinkedIn profile that she has joined UnitedHealth Group Inc. as an "executive in residence" to help advise its management team.

  • March 04, 2024

    DLA Piper Snags Temporary Block Of Docs Order In Sale Spat

    A Texas appellate court has agreed to block a trial court's order that would have forced DLA Piper to hand over communications with a medical group it represented in a sale, tentatively finding the firm will either prevail in its challenge or that a "serious question" requires further consideration.

  • March 04, 2024

    Tobacco Cos. Urge DC Circ. To Ax Broad Health Warning Order

    Tobacco giants R.J. Reynolds and ITG Brands have backed a bid to overturn a D.C. district court order classifying Philip Morris USA's electronic tobacco devices, called HeatSticks, as "cigarettes," thereby subjecting them to the same marketing requirements that warn consumers of the negative health effects of smoking.

  • March 04, 2024

    Elanco Urges Justices To Preserve Junk Fax Win

    Pet medicine company Elanco Animal Health Inc. has told the U.S. Supreme Court that its faxed invitations to a veterinarian seminar don't count under the Telephone Consumer Protection Act's prohibition on unsolicited fax advertisements, as the Seventh Circuit ruled in July.

  • March 04, 2024

    Insurer Wants Trade Secret Suit Dropped Sans Atty Fee Award

    A dental health insurer asked a Washington federal judge on Monday to toss its trade secret claims against an ex-executive without leeway for her to request legal fees, arguing that she can't be considered a winning party because she handed over a company laptop after being hit with the suit.

  • March 01, 2024

    Adamas' Ex-COO Agrees To $4.6M Deal In Investor Suit

    Adamas Pharmaceutical Inc. investors asked a California federal judge on Friday to approve a $4.65 million settlement with the company's former chief operating officer to resolve proposed class claims the company misled consumers about the success of its treatment for Parkinson's disease.

  • March 01, 2024

    Aetna Can't Escape Fertility Bias Suit From Same-Sex Couple

    A California federal judge has declined to toss a woman's case challenging Aetna's fertility treatment coverage as discriminatory, finding at this stage, she has sufficiently argued that the policy discriminates against LGBTQ couples in violation of the Affordable Care Act.

  • March 01, 2024

    Pa. Supreme Court Snapshot: Judge's Side Gig Vexes Tax Row

    In its first argument session of 2024, the Supreme Court of Pennsylvania will once again have seven justices on the bench to hear cases concerning issues like a judge taking a second job, following last year's elevation of Superior Court Judge Daniel D. McCaffery to fill the vacancy left by the death of former Chief Justice Max Baer in 2022.

  • March 01, 2024

    GSK, Shook Hardy Can Recover Costs After Zofran MDL Win

    GlaxoSmithKline and its attorneys from Shook Hardy & Bacon LLP can recover more than $450,000 in legal costs after beating a multidistrict suit claiming the company's anti-nausea drug Zofran caused birth defects, a federal judge has ruled.

  • March 01, 2024

    Auto Coverage Hinges On Victim's Domicile, Mich. Panel Says

    A dispute over personal protection insurance will return to a trial court to determine whether a crash victim was residing in Michigan or Kentucky at the time of the incident, after a Michigan state appeals court granted neither the victim's guardian nor Progressive an early win.

  • March 01, 2024

    Gilead, Cipla Ink Deal To End HIV Drug Buyers' Antitrust Suit

    Gilead Sciences Inc. and generics maker Cipla told a California federal judge Friday they've reached a settlement ending a proposed class action filed by a public employees' health insurance fund over an alleged anti-competitive patent deal to delay the launch of a generic version of the HIV drug Truvada.

  • March 01, 2024

    UW Settles Missing Tumor Suit After Admitting It Can't Find It

    The University of Washington has settled a medical malpractice lawsuit accusing its hospital staff of losing a tumor before testing it for cancer, after UW admitted that it had been "unable to locate the specimen" since the patient's August 2022 surgery.

  • February 28, 2024

    7th Circ. Revives Health System Worker's FMLA Suit For Trial

    A split Seventh Circuit panel on Wednesday revived a former OSF Healthcare System employee's suit accusing the company of wrongfully firing her after failing to adjust performance expectations while she worked reduced hours, ruling a factual dispute remains over how much leave she took, which could lead a jury to find in her favor.

Expert Analysis

  • What Came Of Texas Legislature's Long-Promised Tax Relief

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    Following promises of historic tax relief made possible by a record budget surplus, the Texas legislative session as a whole was one in which taxpayers that are large businesses could have done somewhat better, but the new legislation is clearly still a positive, say attorneys at Baker Botts.

  • What Companies Must Know About Product Recalls

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    Recent recalls of asthma inhalers and Baby Shark toys provide an ideal opportunity to review the most essential steps companies should take when planning and conducting their own product recalls — from notifying government agencies and retaining experts to properly communicating with the public, say Kelly Jones Howell and Judi Abbott Curry at Harris Beach.

  • It's Not You, It's Me: Breaking Up With Mass. FCA Prosecutors

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    A recent Massachusetts U.S. Attorney's Office settlement, which required a hospital to admit to certain facts, continues a state trend away from traditionally defense-friendly nonadmission language and may complicate the prospects of amicably resolving future False Claims Act cases, say Jonathan York and Scott Memmott at Morgan Lewis.

  • 11th Circ. Ruling May Impede Insurers' Defense Cost Recoup

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    The Eleventh Circuit's recent Continental Casualty v. Winder Laboratories ruling that insurers cannot obtain reimbursement of defense costs from their insureds where the policy itself does not require such reimbursement is likely to be cited as persuasive authority in Georgia and other states without clear precedent on the issue, say Christy Maple and Robert Whitney at Phelps Dunbar.

  • Benefits Ruling Has ERISA Review Standard Red Flags

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    The Eighth Circuit’s recent McIntyre v. Reliance Standard decision, reversing a nurse's disability benefits win, applies a deferential standard of review that conflicts with rulings issued by other federal circuit courts, and raises concerns about whether the law’s intent is being met, says Mark DeBofsky at DeBofsky Law.

  • Cannabis Cos. Must Heed PFAS Risks In Products, Packaging

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    Cannabis businesses and ancillary service providers will have to grapple with evolving PFAS enforcement, litigation and regulations – most recently enacted in Minnesota – and take steps to mitigate risks posed by forever chemicals in their products and packaging, say Malina Dumas and Amy Rubenstein at Dentons.

  • Insurance Insights From 5th Circ. Blue Bell Coverage Ruling

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    The Fifth Circuit's recent ruling that denied Blue Bell insurance coverage for the defense costs incurred from a shareholder lawsuit underscores the importance of coordination of different coverages and policies across programs, and the potential perils of seeking recovery for losses under nontraditional policies, say Geoffrey Fehling and Casey Coffey at Hunton.

  • Employer Drug-Testing Policies Must Evolve With State Law

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    As multistate employers face ongoing challenges in drafting consistent marijuana testing policies due to the evolving patchwork of state laws, they should note some emerging patterns among local and state statutes to ensure compliance in different jurisdictions, say attorneys at Troutman Pepper.

  • Is This Pastime A Side-Gig? Or Is It A Hobby?

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    The recent U.S. Tax Court decision in Sherman v. Commissioner offers important reminders for taxpayers about the documentation and business practices needed to successfully argue that expenses can be deducted as losses from nonhobby income, says Bryan Camp at Texas Tech.

  • Blunders That Made 'Bakked' Cannabis TM Go Up In Smoke

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    The Trademark Trial and Appeal Board’s recent denial of National Concessions Group’s application to register the mark “BAKKED” illustrates mistakes that cannabis companies must be wary of in pursuing federal registration as examiners may look beyond the four corners of an application, say attorneys at Seyfarth.

  • Challenging Gov't Use Of Nontraditional White Collar Tools

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    As the government prosecutes white collar cases with an ever-increasing reliance on nontraditional tools — including wiretaps, cooperating witnesses and racketeering charges — defense attorneys must understand how to mount effective defenses against such tools, say Glenn MacKinlay and Dean Elwell at McCarter & English.

  • Top 5 Privacy Cases To Watch, From Chatbots To Geolocation

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    Litigation related to privacy law violations has been on the rise recently, and while some judges have pushed back on the novel theories set forth by plaintiffs, new privacy cases are launched almost every day, including notable ones on topics ranging from chatbots to geolocation, say Sushila Chanana and Rodolfo Rivera Aquino at Farella Braun.

  • When Is AI Development 'Research' Under HIPAA?

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    Using protected health information to develop or improve artificial intelligence often involves navigating the Health Information Portability and Accountability Act Privacy Rule, raising significant questions surrounding when AI development potentially qualifies as research under HIPAA, say Adam Greene and Rebecca Williams at Davis Wright.

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