Health

  • April 22, 2024

    NJ Man Convicted In $4.5M State Benefits Scam

    A New Jersey man has been convicted for his role in a scheme that saw the theft of millions of dollars from a publicly funded Garden State program aimed to help victims of traumatic brain injuries.

  • April 22, 2024

    Citing Cozen O'Connor Ties, Pa. Judge Leaves Bias Case

    Despite originally declining to recuse himself from a surgeon's gender discrimination case against Thomas Jefferson University Hospital when an attorney from his son-in-law's firm, Cozen O'Connor, became involved, U.S. District Judge Michael M. Baylson changed his mind now that the case is set for a retrial.

  • April 22, 2024

    Catching Up With Delaware's Chancery Court

    Last week, Delaware's Chancery Court news included a Tesla announcement about moving to Texas, a midcase appeal of Tripadvisor's move to Nevada, and United Airlines' escape from a stockholder suit. Disputes about board entrenchment, squeeze-out mergers, co-founder fallouts and deadly ice cream moved ahead.

  • April 19, 2024

    Edelson Pitches 'Better Way' To Pick Leads In Privacy Suits

    Plaintiffs in proposed privacy class actions should be given more say in who's picked as class counsel, in order to crack down on the "anemic settlements" that have resulted from the ineffective "old way of litigating" these matters, law firm Edelson PC argued in vying for lead counsel in a dispute over a data breach at genetics testing provider 23andMe.

  • April 19, 2024

    AI Health Data Co. Faces Investor Suit Over Accounting Issues

    Atlanta-based health data platform company Sharecare and two of its executives face accusations that they failed to disclose certain accounting issues to investors, leading to stock price declines when the issues became public, according to a shareholder suit filed Friday in California federal court.

  • April 19, 2024

    Wash. Hospital Workers Can't Replicate Related Wage Win

    A Washington state court ruled Friday that workers of a Seattle-area hospital system still have to prove that their employer's timekeeping and meal break policies violated state law, even though an affiliated healthcare system with policies the employees alleged were "virtually the same" was found liable in a similar case.

  • April 19, 2024

    Allergan To Face Kickback Claim In Suit Over Child Botox Use

    A Texas federal judge has axed allegations that pharmaceutical company Allergan Inc. defrauded the U.S. government when it promoted the unapproved use of Botox to treat migraines in children but will allow claims that the company bribed doctors to conduct the procedure to move forward.

  • April 19, 2024

    Sentence For Pandemic Funds Theft Seems To Split 2nd Circ.

    A three-judge panel of Second Circuit jurists seemed split Friday over whether a Connecticut man's eight-year prison sentence for stealing COVID-19 funds from the city of West Haven was too harsh, with one judge expressing skepticism and two hinting it was likely appropriate.

  • April 19, 2024

    Up Next At High Court: Abortions & Presidential Immunity

    The U.S. Supreme Court will return Monday for the term's final week of oral arguments, during which it will consider several high-stakes disputes, including whether a federal healthcare law can preempt state abortion bans and whether former President Donald Trump is entitled to immunity from criminal charges related to official acts.

  • April 19, 2024

    Ex-Paramedic Hits Harris County With Sex Bias Lawsuit

    A former Houston-area paramedic is accusing a county emergency services provider of pushing her out of her job after she was sexually harassed even though she wasn't the one who reported the harassment.

  • April 19, 2024

    Quest Punished Black Worker For Flagging Racism, Suit Says

    Quest Diagnostics has been sued in Pennsylvania federal court by a former phlebotomist who said she faced racial discrimination from patients and retaliation from management when she complained.

  • April 19, 2024

    Insurer Seeks Exit From Sex Abuse Claims Against Doctor

    An insurer for a neurosurgery institute has told a Pennsylvania federal court that no coverage exists for several underlying consolidated lawsuits in which former patients allege they were sexually assaulted by a now-deceased neurologist, maintaining the doctor was not an employee of the insured practice.

  • April 19, 2024

    Blumenauer: This 4/20 Will Be The Last For Schedule I Pot

    U.S. Rep. Earl Blumenauer, D-Ore., one of the most ardent champions of marijuana policy reform on Capitol Hill, said Friday that he was optimistic 2024 would be final year that cannabis would remain a Schedule I substance under federal law.

  • April 19, 2024

    'Anti-Vax Momma' Admits To Selling Fake Immunization Creds

    A woman who went by the Instagram handle @AntiVaxMomma pled guilty on Friday to selling fake U.S. Centers for Disease Control and Prevention vaccination cards and falsely registering buyers in New York state's immunization database.

  • April 19, 2024

    IQVIA Strikes Deal To Exit Ex-Workers' 401(k) Suit

    Healthcare technology company IQVIA has reached a settlement to resolve allegations from a 9,000-member class that it picked inferior and expensive investments for its $1.13 billion 401(k) plan, according to a filing in North Carolina federal court.

  • April 19, 2024

    Feds Want Prison For Ga. Chiropractor In NBA Health Fraud

    Federal prosecutors have asked a New York federal judge to impose a 10- to 16-month prison sentence for a chiropractor who admitted to conspiring with former Celtics forward Glen "Big Baby" Davis to commit healthcare and wire fraud by submitting fake invoices to the NBA health plan.

  • April 19, 2024

    Northshore Health Worker Drops Genetic Info Privacy Claims

    A patient sitter for Northwestern HealthSystem has voluntarily dropped her proposed class suit claiming she and other workers were unlawfully required to give up information about their medical histories during the application process.

  • April 18, 2024

    Doximity Faces Investor Suit Over Slashed Revenue Hopes

    Medical professional networking service Doximity Inc., likened to "LinkedIn for doctors," and two of its executives are facing a proposed class action alleging it hurt investors by concealing slowing sales.

  • April 18, 2024

    Conn. Marketing Co. Says Competitor Poached Top Exec

    Unlock Health Inc. hired away a senior executive at competing healthcare marketing firm Primacy LLC who arrived at his new job with trade secrets from his ex-employer and a plan to lure former clients and co-workers, according to a lawsuit in Connecticut federal court. 

  • April 18, 2024

    Elevance Units Not Fiduciaries Of Union Plans, Court Told

    A lawsuit that two union healthcare funds brought against Elevance Health Inc. and several subsidiaries should be dismissed because it does not plausibly allege that fund money was overspent on medical care and administrative fees, and the defendants did not have fiduciary responsibilities, attorneys told a Connecticut federal judge on Thursday.

  • April 18, 2024

    Jury Awards $98M To Wash. Healthcare Workers In Wage Suit

    A Seattle jury said Thursday a Washington-based healthcare system should pay thousands of its employees almost $100 million for its illegal timeclock rounding and meal break practices, an award that's expected to be doubled because a judge has already determined that the company's violations were willful.

  • April 18, 2024

    6th Circ. Axes Ex-Perrigo Worker's Drug Test Firing Suit

    The Sixth Circuit refused to reinstate a bias suit from a worker who said drugmaker L. Perrigo Co. unlawfully fired him after lip balm caused him to test positive for marijuana, saying he didn't show that age or disability discrimination motivated the decision to let him go.

  • April 18, 2024

    Electronics Co. Says Insurer Cut $34.9M In Asbestos Coverage

    A Philadelphia electronics company that inherited asbestos liability from a company it acquired told a Pennsylvania federal court that an insurer is wrongfully preventing it from accessing over $34.9 million in coverage to deal with the claims.

  • April 18, 2024

    Pharma Co. Wants Tribe's Opioid Suit To Stay In Federal Court

    A pharmaceuticals distributor has asked an Oklahoma federal court to reject a magistrate judge's recommendation to move to state court a suit accusing it of flooding the Cherokee Nation's communities with opioids, saying the tribe's complaint raises a substantial question of federal law.

  • April 18, 2024

    Clinic Head Gets 9 Years For Medicare Kickback, Tax Scheme

    A health clinic manager was sentenced to nine years in prison and ordered to pay $40 million in restitution to the government for participating in a multimillion-dollar healthcare kickback scheme that involved tax fraud, according to documents in a New York federal court.

Expert Analysis

  • Behind Indiana's Broad New Healthcare Transactions Law

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    The high materiality threshold in Indiana's recently passed healthcare transaction law, coupled with the inclusion of private equity in its definition of healthcare entities, makes it one of the broadest state review regulations to date, say attorneys at DLA Piper.

  • Perspectives

    Advocating For Disability Rights In Probation And Parole

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    While the U.S. continues to over-police people with disabilities, defense attorneys can play a crucial role in ensuring that clients with disabilities who are on probation or parole have access to the accommodations they need and to which they are legally entitled, says Allison Frankel at the ACLU.

  • Highlights From The 2024 ABA Antitrust Spring Meeting

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    U.S. merger enforcement and cartels figured heavily in this year's American Bar Association spring antitrust meeting, where one key takeaway included news that the Federal Trade Commission's anticipated changes to the Hart-Scott-Rodino form may be less dramatic than many originally feared, say attorneys at Freshfields.

  • Strategies For Challenging A Fla. Grand Jury Report's Release

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    A Florida grand jury’s recent report on potential wrongdoing related to COVID-19 vaccines should serve as a reminder to attorneys to review the myriad legal mechanisms available to challenge the lawfulness of a grand jury report’s publication and expunge the names of their clients, says Cary Aronovitz at Holland & Knight.

  • Patent Lessons From 8 Federal Circuit Reversals In March

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    A number of Federal Circuit patent decisions last month reversed or vacated underlying rulings, providing guidance regarding the definiteness of a claim that include multiple limitations of different scopes, the importance of adequate jury instruction, the proper scope of the precedent, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • First 10b5-1 Insider Trading Case Raises Compliance Issues

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    The ongoing case against former Ontrak CEO Terren Peizer is the U.S. Department of Justice's first insider trading prosecution based primarily on the filing of 10b5-1 plans, and has important takeaways for attorneys reviewing corporate policies on the possession of material nonpublic information, say attorneys at Cadwalader.

  • A Look At Ex Parte Seizures 8 Years Post-DTSA

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    In the eight years since the Defend Trade Secrets Act was enacted, not much has changed for jurisprudence on ex parte seizures, but a few seminal rulings show that there still isn’t a bright line on what qualifies as extraordinary circumstances warranting a seizure, say attorneys at Finnegan.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • AI In The Operating Room: Liability Issues For Device Makers

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    As healthcare providers consider medical devices that use artificial intelligence — including systems to help surgeons make decisions in the operating room — and lobby to shift liability to device manufacturers, companies making these products must review potential product liability risks and important design considerations for such equipment, say attorneys at Troutman Pepper.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • The Shifting Landscape Of Physician Disciplinary Proceedings

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    Though hospitals have historically been able to terminate doctors' medical staff privileges without fear of court interference, recent case law has demonstrated that the tides are turning, especially when there is evidence of unlawful motivations, say Dylan Newton and Michael Horn at Archer & Greiner.

  • Benzene Contamination Concerns: Drugmakers' Next Steps

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    After a citizen petition to the U.S. Food and Drug Administration and a flurry of class actions over benzene contamination in benzoyl peroxide acne products, affected manufacturers should consider a thoughtful approach that includes assembling internal data and possibly contacting the FDA for product-specific discussions, say attorneys at Morgan Lewis.

  • Policy Misrepresentations Carry Insurance Rescission Risks

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    The Second Circuit's recent decision in Medical Mutual v. Gnik, finding that material misrepresentation in a clinic's insurance applications warranted policy rescission, is a clear example of the far-reaching effects that misrepresentations can have and provides a reminder that policyholders should employ relatively straightforward steps to decrease risks, say attorneys at Hunton.

  • How DEI Programs Are Being Challenged In Court And Beyond

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    In the wake of the U.S. Supreme Court's affirmative action decision last year declaring the consideration of race in university admissions unconstitutional, employers should keep abreast of recent litigation challenging diversity, equity and inclusion training programs, as well as legislation both supporting and opposing DEI initiatives in the workplace, say attorneys at Skadden.

  • The Pros And Cons Of NIST's Proposed March-In Framework

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    Recent comments for and against the National Institute of Standards and Technology’s proposed guidance on march-in rights — which permit the government to seize federally funded patents — highlight how the framework may promote competition, but could also pose a risk to contractors and universities, say Nick Lee and Paul Ragusa at Baker Botts.

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