More Healthcare Coverage

  • May 03, 2024

    Colo. Justices' Med Mal Cap Ruling A Win For Patients

    The Colorado Supreme Court's recent decision prohibiting trial courts from considering an injured patient's insurance liabilities before imposing the state's $1 million medical malpractice damages cap was the right call, experts say, and prevents an unfair windfall for negligent health care providers.

  • May 02, 2024

    Calif. Hospitals Say BCBS Unit Left Them With $3.8M Bill

    A pair of California health systems say that Pittsburgh-based Highmark Blue Cross Blue Shield isn't honoring its obligations to pay them under a national Blue Cross insurance program, leaving their hospitals holding the bag for up to $3.8 million worth of treatment, according to two lawsuits filed in Pennsylvania state court.

  • May 01, 2024

    Insulin Pump Maker Wins Toss of Investor Suit For Now

    A California federal judge has sided with an insulin pump maker and tossed a suit alleging it misled investors about the potential growth of the company amid inflation and an uptick in competition, saying the suing investors have failed to plead any false or misleading statements or knowledge of wrongdoing by the defendants.

  • April 30, 2024

    Judge Tosses LTL's Suit Over Article Linking Talc To Cancer

    A New Jersey federal judge on Tuesday tossed a suit from the bankrupt talc unit of Johnson & Johnson accusing three doctors of damaging its business through a medical journal article it claimed was backed by "junk science," ruling that the doctors having served as expert witnesses in the Garden State is not enough to show that the court has jurisdiction over its claims.

  • April 30, 2024

    Sorrels Law Adds Ex-BigLaw Litigator From Solo Shop

    Texas personal injury firm Sorrels Law announced Tuesday that it has brought on a partner in Houston who has a BigLaw background and most recently operated a solo shop.

  • April 29, 2024

    Sandoz Says Biopharma Biz Added 'Poison' To Market

    More than $160 million separate generic-drug maker Sandoz Inc. and biopharmaceutical firm United Therapeutics Corp. in their estimates of damages suffered by Sandoz when the other company effectively blocked the sale of Sandoz's generic version of a hypertension medication, according to opening statements Monday during a bench trial in New Jersey federal court.

  • April 29, 2024

    Ex-COO Of Mo. Charity Gets 3 Years For Bribing Officials

    The former chief operating officer of a Missouri-based healthcare charity was sentenced to three years in prison Monday after admitting she and her husband, the charity's ex-chief financial officer, conspired to bribe elected officials in Arkansas, according to Missouri federal court documents.

  • April 29, 2024

    4th Circ. OKs Sanctions Against Law Firm In Bestwall Ch. 11

    A split Fourth Circuit panel on Monday refused to overturn more than $402,000 in sanctions against a law firm and its clients as part of bankruptcy proceedings for a Georgia-Pacific unit, saying the contempt and sanctions orders can't be appealed because they aren't final judgments.

  • April 29, 2024

    DOL Wants Quick Win In Pa. Care Co. Wage Suit

    The U.S. Department of Labor urged a Pennsylvania federal judge on Monday to grant it a pretrial win in its case accusing a private healthcare agency of failing to pay in-home caregivers overtime and minimum wages, saying the workers are protected by federal wage law.

  • April 29, 2024

    Conn. Health Co., Competitor Eye Deal In Trade Secrets Suit

    Connecticut-based healthcare marketing firm Primacy LLC and a direct competitor accused of poaching top executive Matt Cyr are looking to settle a trade secrets lawsuit by pausing a preliminary injunction hearing and engaging a new magistrate judge to help them work out their differences.

  • April 29, 2024

    Anthem Seeks Early Win, Decertification In OT Suit

    Insurance company Anthem asked a Georgia federal judge to grant it a quick win in an unpaid overtime suit and to decertify a class of nurses, saying it had properly classified the nurses as overtime-exempt and that they fit multiple exemptions to federal overtime laws.

  • April 29, 2024

    High Court To Decide Jurisdiction In Dog Food Label Suit

    The U.S. Supreme Court on Monday agreed to take up an appeal from Royal Canin USA Inc. and Nestle Purina PetCare Co. in a dispute over whether a suit alleging they falsely represent their products as prescriptions belongs in state or federal court.

  • April 26, 2024

    Health Co. Not Liable For Cigna Underpayment, 3rd Circ. Says

    The Third Circuit on Friday backed a win for a healthcare cost management company in a suit over Cigna's alleged underpayment for plastic surgery, finding the contract between the company and a plastic surgery practice did not guarantee a set payment rate.

  • April 26, 2024

    Doctor Keeps Trial Win In Death Suit Over Patient's Blood Clot

    A Pennsylvania appeals panel has let a primary care physician keep his trial win in a suit over the death of one of his patients from a blood clot, rejecting arguments that the trial court wrongly excluded evidence and unfairly allowed separate attorneys to make opening and closing statements for the doctor and his practice group.

  • April 26, 2024

    Latham, Akin Beat NJ Suit Over Alleged IP Theft Scheme

    A New Jersey federal court on Friday tossed a lawsuit claiming attorneys from Latham & Watkins LLP and Akin Gump Strauss Hauer & Feld LLP manipulated patent litigation to steal a former Cornell University graduate student's DNA sequencing intellectual property, calling that graduate student's claims "conspiracy theories."

  • April 26, 2024

    Hospital Staffing Firm Can't Back Out Of PAGA Settlement

    An emergency services provider must follow a deal settling physicians' claims under California's Private Attorneys General Act, a state appeals panel ruled, rejecting the company's argument that a U.S. Supreme Court ruling could have forced those claims into arbitration.

  • April 25, 2024

    Calif. Appellate Panel Revives Blood Tech's Wage Claims

    A phlebotomist supported well enough her claims that a Southern California hospital failed to pay her for all hours worked, a state appeals panel ruled, flipping a trial court's decision tossing her suit.

  • April 25, 2024

    3rd Circ. Lets Mallinckrodt Off Sanofi's Royalty Hook

    A Third Circuit panel said Thursday that Mallinckrodt PLC's Chapter 11 bankruptcy could sever its obligation to pay Sanofi-Aventis US LLC royalties on sales of an autoimmune disease drug, finding that Sanofi's contract to sell Mallinckrodt the rights to the drug created a claim ripe to be extinguished.

  • April 25, 2024

    Indictment Says 'Car Wreck Clyde' Skimmed From Client Deals

    A federal grand jury has indicted a Houston attorney and his former office manager over claims they defrauded clients by skimming nearly $2.4 million from settlement proceeds and using the funds for personal expenses, including private school and Ferraris.

  • April 24, 2024

    Pa. Court Revives Malpractice Suit Over Hip Implant Surgeries

    The University of Pittsburgh Medical Center Pinnacle Hospitals, an orthopedic surgeon and a physician-owned clinic can't escape a malpractice suit over two hip replacements that left a woman with one leg shorter than the other, a Pennsylvania Superior Court panel has ruled, saying a jury must decide when the clock started on her claims.

  • April 24, 2024

    Wash. AG Wants RFK Jr., Ex-NBA Star's Anti-Vax Suit Tossed

    Washington's attorney general urged a federal judge Tuesday to toss a lawsuit brought by Robert F. Kennedy Jr. on behalf of NBA legend John Stockton trying to shield doctors who make anti-vaccine statements, arguing a state medical board has the right to penalize medical providers for spreading COVID-19 misinformation.

  • April 24, 2024

    In-House Vet Named NantHealth's New Legal Chief

    Healthcare software company NantHealth announced that an experienced in-house attorney who has spent nearly 25 years working in the healthcare, pharmaceutical and biotechnology industries was named its new chief legal officer.

  • April 23, 2024

    Calif. Fertility Clinic Implanted Dead Embryos, Couples Say

    An Orange County, California, fertility clinic accidentally destroyed embryos but still implanted them into patients in an attempt to cover up its mistakes, nine couples said in a suit filed Tuesday in Golden State court.

  • April 23, 2024

    Doctor Renews $20M Claim His Hospital Made Up 25 Murders

    An Ohio physician accused of 25 counts of murder and found guilty of none just renewed his $20 million malicious-prosecution suit against Trinity Health Corp., the parent company of his former employer, claiming that the company misled prosecutors to get him indicted as a distraction from the internal issues of the hospital where he worked.

  • April 23, 2024

    Expert Doc's License Probation Upends $6.5M Med Mal Verdict

    An Ohio state appeals panel has vacated a $6.5 million verdict in a medical malpractice trial by a son alleging a doctor and hospital are responsible for his mother contracting deadly pneumonia, saying the trial court should have allowed the defense to cross-examine the plaintiff's expert on a prior probation of his medical license.

Expert Analysis

  • Why Criminal No-Poach Cases Can Be Deceptively Complex

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    Mark Rosman at Wilson Sonsini discusses the reasons many criminal no-poach cases that appear simple are actually more complicated than they seem, following several jury trial acquittals and two dismissed cases.

  • Kochava Ruling May Hint At Next Privacy Class Action Wave

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    The Southern District of California's recent ruling in Greenley v. Kochava and increasing complaints alleging that a consumer website is an illegal “pen register” due to the use of third-party marketing software tools foreshadow a new theory of liability for plaintiffs in privacy litigation, say attorneys at Crowell & Moring.

  • FDA And Companies Must Move Quickly On Drug Recalls

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    When a drug doesn't work as promised — whether it causes harm, like eyedrops recalled last month by the U.S. Food and Drug Administration, or is merely useless, like a widely used decongestant ingredient recently acknowledged by the agency to be ineffective — the public must be notified in a timely manner, says Vineet Dubey at Custodio & Dubey.

  • Ohio Voters Legalize Cannabis — What Comes Next?

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    This month, voters approved a citizen-initiated statute that legalizes marijuana for recreational use in Ohio, but the legalization timeline could undergo significant changes at the behest of the state's lawmakers, say Daniel Shortt and David Waxman at McGlinchey Stafford.

  • A Telecom Attorney's Defense Of The Chevron Doctrine

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    The Chevron doctrine, which requires judicial deference to federal regulators, is under attack in two U.S. Supreme Court cases — and while most telecom attorneys likely agree that the Federal Communications Commission is guilty of overrelying on it, the problem is not the doctrine itself, says Carl Northrop at Telecommunications Law Professionals.

  • FTC Orange Book Move Signals New Pharma Patent Scrutiny

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    The Federal Trade Commission's recent dispute against improper listing of drug patents in the U.S. Food and Drug Administration's Orange Book indicates heightened surveillance of the pharmaceutical industry, particularly where competition-related consequences of patent or regulatory processes are concerned, say attorneys at Fenwick.

  • Consider Immigration Issues When Hiring Int'l Medical Grads

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    As health systems across the U.S. struggle to meet patient demand, recruiting international medical graduates can help alleviate some strain, although sorting through the requisite visa processes may require some extra legwork depending on the qualifications of both the graduate and the employer, say Nora Katz and Vinh Duong at Holland & Knight.

  • A Look At DOJ's New Nationwide Investment Fraud Approach

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    Investment fraud charges are increasingly being brought in unlikely venues across the country, and the rationale behind the U.S. Department of Justice's approach could well be the heightened legal standards in connection with prosecuting investment fraud, says Jonathan Porter at Husch Blackwell.

  • FDA's Off-Label Comms Guidance Is A Reluctant Step Forward

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    The U.S. Food and Drug Administration's latest draft guidance expands its safe harbor for health care providers that communicate information about their products' off-label uses, but does not fully resolve the First Amendment disconnect between federal courts and the agency's regulatory goals, say Jeffrey Shapiro and Lisa Dwyer at King & Spalding.

  • How Biden's AI Order Stacks Up Against Calif. And G7 Activity

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    Evaluating the federal AI executive order alongside the California AI executive order and the G7's Hiroshima AI Code of Conduct can offer a more robust picture of key risks and concerns companies should proactively work to mitigate as they build or integrate artificial intelligence tools into their products and services, say attorneys at Jenner & Block.

  • ITC Ban On Apple Watch Could Still Be Reversed

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    The U.S. International Trade Commission's recent final decision that the Apple Watch infringed two patents owned by Masimo Corp. was a rare instance of a popular consumer product being hit with an absolute importation ban, but it's possible that President Joe Biden could assert his power to reverse the ITC decision, says Benjamin Horton at Marshall Gerstein.

  • Class Action Defense: Don't Give Up On Bristol-Myers Squibb

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    Federal appellate court decisions in the six years since the U.S. Supreme Court decided Bristol-Myers Squibb show that it's anyone's ballgame in class action jurisdictional arguments, so defendants are encouraged to consider carefully whether, where and when arguing lack of specific personal jurisdiction may be advantageous, say attorneys at K&L Gates.

  • State Regs Sow Discord Between Cannabis, Hemp Industries

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    Connecticut, Maryland and Washington are the latest states choosing to require intoxicating hemp products to comply with the states' recreational marijuana laws, resulting in a widening rift between cannabis and hemp as Congress works on crafting new hemp legislation within the upcoming 2023 Farm Bill, say attorneys at Wilson Elser.

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