More Healthcare Coverage

  • March 15, 2024

    Ohio Ambulance Co. Says HR Firm Botched Tax Returns

    An Ohio ambulance company accused its human resources management firm of failing to accurately prepare and submit amended tax returns that would have allowed the company to claim pandemic-era tax credits, according to a complaint filed in an Ohio federal court.

  • March 15, 2024

    Pa. University Knocks Out Surgeon's $15M Sex Bias Win

    A Pennsylvania federal judge has erased a $15 million verdict won by a surgeon who said Thomas Jefferson University ignored his claims that a female resident sexually assaulted him, ruling that text messages he sent warranted a new trial.

  • March 15, 2024

    Conservative Law Group Asks Justices To Hear FDA Vape Suit

    A free-market advocacy group and a vape industry association are urging the U.S. Supreme Court to upend the U.S. Food and Drug Administration's decision denying a manufacturer permission to sell flavored vapes, arguing that the FDA is "moving the goalposts" when it comes to what kind of data is needed when applying.

  • March 14, 2024

    Cannabis Cos. Say Federal Position On Pot Is Irrational

    The federal ban on marijuana is plainly irrational and negatively affects operators in state-regulated cannabis markets, depriving them of their constitutional rights, a group of marijuana companies told a Massachusetts federal judge on Friday.

  • March 14, 2024

    Medical Waste Co. Beats Sales Reps' Equal Pay Suit

    An Illinois federal judge tossed a suit brought by four female sales representatives for a medical waste company claiming they were paid less than their male counterparts, ruling that the case couldn't proceed without more proof that prejudice caused the pay differences.

  • March 14, 2024

    NJ Urologist Keeps Win In Prostate Procedure Med Mal Suit

    A New Jersey appeals panel won't let a man revive his claims alleging a urologist botched a prostate procedure resulting in his inability to ejaculate, finding the trial court was correct in finding that his standard of care expert should be excluded.

  • March 13, 2024

    Ariz. Families Sue For Wrongful Death Amid Healthcare Scams

    The families of two Native American men are suing the state of Arizona and several of its entities, alleging that they're liable for their loved ones' deaths due to a lack of oversight on the "so-called sober living crisis" that led to one of the largest healthcare scandals in the state's history.

  • March 13, 2024

    Hospital Asks NC Justices To Take Up Virus-Law Immunity Case

    Healthcare providers are pressing the North Carolina Supreme Court to review a lower court's finding that the state's COVID immunity law isn't fatal to a medical malpractice suit, warning that the decision would have drastic consequences on a liability shield from pandemic-related suits.

  • March 13, 2024

    Judge Says COVID Test Suit Depends On Conn. Justices

     A Connecticut federal judge trimmed several claims from a $783,000 suit over a COVID-19 testing bill that a health plan administrator allegedly failed to pay, but declined to rule on certain state law issues until the state's highest court can shed light on the statutes in an upcoming ruling.

  • March 13, 2024

    Aetna Can't Avoid Bias Suit Over Fertility Treatment Policy

    Aetna must face a proposed class action alleging it readily covers fertility treatments for infertile heterosexual women but forces non-heterosexual women to spend thousands out of pocket before paying for their treatments, with a Connecticut federal judge saying it doesn't matter if the insurer didn't control the health plan's terms.

  • 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.

Expert Analysis

  • A 'Deliberate Indifference' Circ. Split For Prison Medical Cases

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    Allison Becker and Kendra Stark at Gordon & Rees examine the circuit split over how a patient's incarceration status affects the applicable standard for “deliberate indifference” in correctional medical lawsuits, noting an uptick in cases related to outbreaks and staffing shortages at correctional facilities during the pandemic.

  • Prepping For OSHA Standard On Violence Risk In Health Care

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    Though the Occupational Safety and Health Administration has yet to create a new standard to address violence against health care workers, employers can prepare for coming federal regulatory changes by studying existing state rules and past OSHA citations, then taking steps to improve their safety programs, say attorneys at Ogletree.

  • Sales Reps In The Operating Room: How To Manage The Risks

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    While having a medical device sales representative providing advice during a surgery can be helpful, especially as medical technology continues to advance, their presence can also create exposure to tort claims and litigation alleging unauthorized practice of medicine, say attorneys at Sidley.

  • DC Circ. Ruling Puts Issue Class Cert. Under Microscope

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    The D.C. Circuit's recent Harris v. Medical Transportation Management decision, which pushed back against lax application of Rule 23(c)(4) to certify issue classes as an end-run around the predominance requirement, provides potentially persuasive fodder for seeking to limit the scope of issue classes in other circuits, say attorneys at Skadden.

  • Can Class Actions Guide AI Risk Mitigation Efforts?

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    The speed at which artificial intelligence is developing will likely outpace the legislative response, and two recently filed class actions naming OpenAI as a defendant raise the question of whether existing laws may be used to place some meaningful guardrails on the development of AI, says Thomas Carey at Sunstein.

  • Standing Issues Prevail In Wake Of Calif. Competition Ruling

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    Courts and litigants may grapple with uncertainty in the wake of the California Supreme Court's recent California Medical Association v. Aetna Health decision broadening standing to sue under the state's unfair competition law, and additional litigation will likely be required to develop its contours, say attorneys at Skadden.

  • EU's AI Act Is A Glimpse Into Future Compliance Landscape

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    As the EU's groundbreaking Artificial Intelligence Act moves to the final stage of adoption, its proposed language provides valuable insight into the substantial compliance hurdles that companies across all jurisdictions will face in using generative AI, so U.S. organizations should consider what they can be doing now, say Vivien Peaden and Alexander Koskey at Baker Donelson.

  • What Justices' Pork Ruling Means For Interstate Cannabis

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    The U.S. Supreme Court’s recent National Pork v. Ross ruling added a new wrinkle to dormant commerce clause jurisprudence as the nation’s federal courts grapple with a novel paradox raised by interstate cannabis commerce, and pending appellate cases may shed additional light on these issues later this year, say Tommy Tobin and Andrew Kline at Perkins Coie.

  • How High Court Is Assessing Tribal Law Questions

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    The U.S. Supreme Court's four rulings on tribal issues from this term show that Justice Neil Gorsuch's extensive experience in federal Native American law brings helpful experience to the court but does not necessarily guarantee favorable outcomes for tribal interests, say attorneys at Dorsey & Whitney.

  • Complex Hemp Processes Need Nimble Regulatory Approach

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    Since the 2018 Farm Bill legalized hemp and certain hemp-derived products, THC limits have presented different issues at each stage of the complex production process, revealing the need for continued adjustments and flexible regulations as Congress deliberates the 2023 Farm Bill, says David Kouba at Arnold & Porter.

  • 4 New State Geofencing Bans And How They Differ

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    Washington, New York, Connecticut and Nevada have now enacted laws prohibiting geofencing around locations that provide certain health care services, but these new laws vary widely, with Washington taking the broadest and most restrictive approach, say Andreas Kaltsounis and Nichole Sterling at BakerHostetler.

  • Noncompetes Hold Atty Privilege Pitfalls For Health Industry

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    Providers negotiating with medical professionals bound by enforceable restrictive covenants must tread carefully due to not only risk of breaching physicians' covenants but also risk of wrongful conduct that pierces attorney-client privilege, says Scott O'Connell at Holland & Knight.

  • 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.

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