More Healthcare Coverage

  • March 12, 2024

    NYC Orthodontics Chain Can't Shake Staff's OT Wage Suit

    A New York City chain of orthodontics practices must face the bulk of workers' claims that it denied adequate overtime compensation and targeted a former employee for retaliation after she complained about wage practices.

  • March 12, 2024

    4th Circ. Upholds White Exec Firing Verdict But Cuts Damages

    The Fourth Circuit on Tuesday affirmed a victory for a white hospital executive who won a jury trial in his lawsuit alleging he was fired as part of a diversity push, but found his $300,000 punitive damages award was unwarranted because he fell short in backing his claim that his employer knowingly violated federal law.

  • March 12, 2024

    Nurses' Challenge To NJ Vaccine Mandate Moot, Judge Rules

    A New Jersey federal judge tossed a suit challenging Gov. Phil Murphy's vaccine mandate for healthcare workers, ruling the case is moot because the mandate had been rescinded.

  • March 11, 2024

    Ill. Court OKs $48M Award In Brain Damage Med Mal Suit

    An Illinois state appeals court has affirmed a $48.1 million award in a suit accusing an emergency medicine physician and a hospital of improperly placing a breathing tube in a patient and causing permanent brain damage, saying certain jury instructions given by the trial court were not erroneous.

  • March 11, 2024

    3rd Circ. Finds No Reason To Disturb AbbVie Privilege Ruling

    The Third Circuit has found that AbbVie was unable to show that a Pennsylvania federal court went against precedent or made an error when ordering the drugmaker to turn over attorney communications from a "sham" patent case allegedly meant to delay AndroGel competitors.

  • March 11, 2024

    Widower Gets 3rd Trial Over Wife's Cancer Misdiagnosis

     A Pennsylvania Superior Court panel on Monday granted a third trial to a man whose wife died of cancer, saying that he'd presented enough evidence that her doctor's failure to follow up on discrepancies in her diagnosis deprived her of a chance for a longer life.

  • March 11, 2024

    Fed. Circ. OKs Boston Drug Developer's Patent Win

    A Boston-area biotech developer that has yet to bring a product to market persuaded the Federal Circuit on Monday to affirm a finding by an administrative patent board last year that stripped a smaller Chinese rival of a patent covering a way of using a type of sulfonic acid to potentially treat Alzheimer's disease.

  • March 11, 2024

    NY Man's COVID Loan 'Greed' Merits 10 Years, Feds Say

    Federal prosecutors have asked a New York judge to sentence a Long Island man to 10 years in prison for his role in a scheme to steal more than $10 million from the Paycheck Protection Program and other pandemic-era disaster relief programs.

  • March 11, 2024

    Ill Will Pushed UNC Doc's Bawdy Party Lie, NC Justices Told

    A former doctor at the University of North Carolina hospital wants the state's highest court to revive his defamation lawsuit alleging a supervisor's ill will motivated an investigation into a supposed bawdy party, telling the justices that the supervisor isn't afforded the immunity public officials receive from lawsuits.

  • March 11, 2024

    More Women Accuse Conn. Fertility Doc Of Using Own Sperm

    Two more former patients of a retired fertility doctor in Connecticut have filed accusations in state court that he secretly impregnated women with his own sperm, seeking to learn how many people knew about the formerly Yale-affiliated physician's conduct and how they managed to keep it hidden for decades.

  • March 11, 2024

    NC Judge Scraps $8M Verdict In AXA Life Insurance Suit

    A North Carolina federal judge wiped out an $8 million jury award for historian and investment firm founder Malcolm Wiener in his lawsuit accusing AXA Equitable Life Insurance Co. of sabotaging his insurability with inaccurate health information reporting, finding Wiener had "no baseline" to support the award beyond $1 in nominal damages.

  • March 11, 2024

    Disability Services Co. Agrees To $850K Wage Suit Settlement​

    A company that runs care facilities for people with intellectual and developmental disabilities will pay roughly 300 California-based hourly employees about $1,700 apiece in response to claims that it underpaid workers for years, under the terms of an $850,000 settlement approved by a California federal judge.

  • March 11, 2024

    Urologist Seeks Coverage For Defective Penile Implants Suit

    A urologist's medical device company told a California federal court that two insurers must cover it, the doctor and his practice in an underlying class action alleging that a silicone implant invented for penile enlargement, and the procedure that went with it, left patients with permanent damage.

  • March 08, 2024

    Pa. Court Grants Seizure Of Nursing Homes In 'Dire' Condition

    A Pennsylvania federal court has granted an emergency request for a receiver to take control of six nursing homes in the state that Revere Tactical Opportunities REIT LLC claims were left in a "dire financial condition" by the properties' owners, who had also allegedly defaulted on a $30 million loan.

  • 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.

Expert Analysis

  • 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.

  • Defense Counsel Sentencing Lessons From Holmes Case

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    The recent imprisonment of Theranos founder Elizabeth Holmes highlights fundamental but sometimes overlooked sentencing practice points for white collar defense attorneys, from instilling a sense of narrative urgency in court submissions to researching potential prison facilities, says Jack Sharman at Lightfoot Franklin.

  • Wash. Health Privacy Bill May Affect Cos. Across Industries

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    Washington’s recently enacted My Health My Data Act — a comprehensive privacy framework for companies that handle consumer health — will likely apply to companies outside the state and the health care industry, and may result in more privacy litigation than we have seen under any other state privacy statute to date, says Jenny Colgate at Rothwell Figg.

  • Case Law Is Mixed On D&O Coverage For Gov't Investigations

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    As the Fourth Circuit’s recent decision in Brown Goldstein v. Federal Insurance Co. demonstrates, federal appeals courts take different approaches to determine whether government investigations are covered by directors and officers liability insurance, so companies and individuals must review their policy language, say Chloe Law, Jan Larson and Caroline Meneau at Jenner & Block.

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