Policy & Compliance
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September 30, 2025
Blue Cross Insurers Sanctioned For 2-Year Discovery Drawout
An Illinois federal judge has ordered a host of Blue Cross and Blue Shield insurers to pay the fees and costs Walgreens incurred in an overbilling suit while helping to work through discovery production, which took two years to remediate with a special master.
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September 30, 2025
Nevada Hospital Nets $510M Verdict In Staff Poaching Suit
A Nevada hospital won a jury award of more than $510 million in its lawsuit accusing Universal Health Services of raiding its staff and swiping its trade secrets during the COVID-19 pandemic.
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September 30, 2025
HHS Moves To Suspend Harvard From Funding
The civil rights office at the U.S. Department of Health and Human Services is moving to cut off Harvard University from future funding, a maneuver legal experts say could stymie healthcare and biomedical research.
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September 30, 2025
Judge Ends Challenge To Mich. Abortion Rights Amendment
A federal judge tossed a challenge to Michigan's voter-approved constitutional right to an abortion on Tuesday because abortion opponents had not shown they were personally harmed by the amendment.
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September 30, 2025
From Entresto To Ozempic: This Week In Generics Litigation
Friction between brand-name and generic-drug makers escalated this past week, with the D.C. Circuit rejecting Novartis' challenge to a generic for heart medication Entresto, Pfizer looking to enforce a patent over its anti-inflammatory drug Xeljanz, and Novo Nordisk fighting to protect its popular weight loss and diabetes drugs Ozempic and Wegovy.
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September 30, 2025
High Court To Weigh Free Speech In Conversion Therapy Ban
The U.S. Supreme Court is set to hear its first challenge to a state ban on "conversion therapy" for LGBTQ minors. The fate of the Colorado law, which has counterparts in some two dozen states, may rest on which level of constitutional scrutiny is applied.
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September 30, 2025
Colorado Hospital Pushed Out Older Nurses, EEOC Says
A Colorado hospital ousted older nurses from their jobs after leadership proclaimed a need for more "youthful and energetic" staff, the U.S. Equal Employment Opportunity Commission told a federal court Tuesday.
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September 30, 2025
Wis. Providers Tasked With Setting Medical 'Chaperone' Policy
This week, Wisconsin broadened requirements on the use of medical "chaperones" during patient examinations, making the state the latest to turn to the practice as a way to address misconduct by healthcare professionals.
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September 30, 2025
Hospital Urges Justices To Review 7th Circ. Medicaid Ruling
A Chicago hospital urged the U.S. Supreme Court to take up its petition for review of a Seventh Circuit ruling that had shut down its suit against the state of Illinois seeking enforcement of timely Medicaid payments, saying it's an "excellent opportunity" to address "resulting uncertainties" after a recent ruling against Planned Parenthood.
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September 30, 2025
SC Mulls Bill To Make Early Abortions Felonies Under RICO
Abortion access advocates say a proposed abortion ban in South Carolina sets a new “extreme” precedent. A bill sponsor calls it a strong deterrent that will criminalize all abortions in the first weeks of pregnancy. Activists from across the political spectrum will be watching as lawmakers meet to consider the “no exception” ban.
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September 30, 2025
FCA Suit Tainted By Expert's AI 'Hallucination' Gets Dismissed
A False Claims Act suit rocked by allegations of AI-generated hallucinations in an expert's report ended Tuesday after the federal government joined the case and quickly urged a Utah federal judge to throw it out.
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September 30, 2025
RFK Jr.'s Anti-Vax Group Confronts Health Agencies In Court
Robert F. Kennedy Jr. once drew hefty paychecks from Children's Health Defense as the group repeatedly sued federal agencies and other targets. Now he's the one who may face the organization in court.
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September 29, 2025
CTA Could Face Second Ill. Jury Over Vaccine Bias Allegations
An Illinois federal judge has found there are too many open questions to give a win to the Chicago Transit Authority in a former employee's suit over its decision to terminate him after he sought a religious exemption to the agency's mandatory COVID-19 vaccination policy.
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September 29, 2025
Benefits Co. Can't Escape Worker's Tobacco Surcharge Suit
A Tennessee federal court refused to toss an employee benefits company worker's proposed class action alleging a surcharge on the health plans of employees who used tobacco violated federal benefits law, but agreed to pare some allegations from the suit for failure to state a claim and lack of standing.
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September 29, 2025
TikTok Can't Use Section 230 To End NJ AG's Harm Suit
A New Jersey state court judge has rejected TikTok's bid to use an internet safety law carveout that shields publishers of third-party information to end Attorney General Matthew Platkin's lawsuit over the exploitation of children, reasoning that the alleged harm stems from the social media app's design rather than what users view.
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September 29, 2025
Mass. Appellate Court Revives Hospital Worker's Vaccine Suit
A former surgical technician at UMass Memorial HealthAlliance-Clinton Hospital who was fired after her request for a religious exemption from a mandatory coronavirus vaccination policy was deemed to be based on "demonstrably false" information will get another chance to prove her discrimination claim, Massachusetts' intermediate-level appeals court ruled Monday.
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September 29, 2025
EEOC Says Air Medic Nixed Job Offer Over Prescription Drugs
A helicopter ambulance company violated federal law by scuttling a job transfer for an air mechanic because he took prescribed opioids, the U.S. Equal Employment Opportunity Commission told an Alabama federal court.
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September 26, 2025
Trump Announces 100% Tariff On Drug Imports Starting Oct. 1
President Donald Trump announced a slew of new Section 232 tariffs to be imposed beginning Oct. 1, including a 100% tariff on drug imports and new rates for semi trucks, kitchen cabinets, bathroom vanities and upholstered furniture.
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September 25, 2025
GAO Says Agencies' Procurement Data Reports Are Lacking
The U.S. Government Accountability Office said in a report on Thursday that most federal agencies that reported procurement data in 2023 failed to complete a procurement data quality report or fell short of meeting all reporting requirements.
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September 25, 2025
GE Avoids Retirees' Lawsuit Over Pension Annuity Deal
General Electric dodged a proposed class action claiming it put retirees' benefits at risk by transferring over $1.7 billion of pension obligations to a private equity-controlled insurance company, with a New York federal judge ruling the retirees hadn't shown how they'd been harmed.
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September 25, 2025
MiMedx, FDA Ordered To Rework Args In Wound Care Case
Biomedical company MiMedx Group Inc. and the U.S. Food and Drug Administration have been ordered to reframe their briefs in a suit in which the company seeks to overturn the agency's classification of a wound care treatment as a biological product.
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September 25, 2025
Families Cite Trump In Bid To Revive Tylenol Autism Claims
Families suing the maker of Tylenol quickly cited President Donald Trump's words this week as they pushed the Second Circuit to overturn a lower-court ruling that barred their expert witnesses from testifying that prenatal exposure to the medicine can cause autism.
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September 25, 2025
Conn. Cities' Insulin Pricing Suits Against PBMs Join NJ MDL
Two Connecticut cities' civil racketeering and state trade practices law claims against insulin manufacturers Eli Lilly and Co., Novo Nordisk Inc. and Sanofi-Aventis US LLC, and pharmacy benefit managers CVS Caremark, Express Scripts and Optum Rx, have been rolled into a New Jersey multidistrict litigation proceeding.
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September 24, 2025
DC Judge Won't Reinstate IGs Over 'Obvious' Trump Violation
A Washington, D.C., federal judge on Wednesday declined to reinstate eight inspectors general whom President Donald Trump fired without warning or rationale, finding that while it is "obvious" the president violated federal law governing the removal of inspectors general, the plaintiffs have not shown irreparable harm.
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September 24, 2025
NY Appeals Court Backs Drug Co.'s $6.5M Contract Case Win
A New York state appeals court won't disturb a finding that a South Korean logistics firm owes $6.5 million for breaching a deal allowing it to license and sell a RedHill Biopharma Ltd. COVID-19 treatment in the country.

Vape Shops Knock FDA Enforcement After Jarkesy
Wielding a U.S. Supreme Court decision on in-house tribunals, a Texas vape store chain won a first-of-its-kind ruling that may provide a roadmap for similar Seventh Amendment challenges.

Tylenol MDL In Spotlight After Trump Blasts Use In Pregnancy
The Trump administration's attack on the use of acetaminophen during pregnancy drew on the work of a Harvard expert whose analysis is central to a legal clash now before a federal appeals court. The president's broadside promises to energize plaintiffs.

The Limits On Blue States' Push For Vaccine Policy Control
Democratic-run states are changing vaccine policies as HHS Secretary Robert F. Kennedy Jr. and other Trump health officials move to restrict vaccine access, creating a new policy patchwork. Those state efforts can only go so far, healthcare experts say.
Expert Analysis
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Assessing Legal, Regulatory Hurdles Of Healthcare Offshoring
The offshoring of administrative, nonclinical functions has emerged as an increasingly attractive option for healthcare companies seeking to reduce costs, but this presents challenges in navigating the web of state restrictions on the access or storage of patient data outside the U.S., say attorneys at McDermott.
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5 Years In, COVID-19 Fraud Enforcement Landscape Is Shifting
As the government moves pandemic fraud enforcement from small-dollar individual prosecutions to high-value corporate cases, and billions of dollars remain unaccounted for, companies and defense attorneys must take steps now to prepare for the next five years of scrutiny, says attorney David Tarras.
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Courts Keep Upping Standing Ante In ERISA Healthcare Suits
As Article III standing becomes increasingly important in litigation brought by employer-sponsored health plan members under the Employee Retirement Income Security Act, several recent cases suggest that courts are taking a more scrutinizing approach to the standing inquiry in both class actions and individual matters, say attorneys at Crowell & Moring.
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Calif. Bill May Shake Up Healthcare Investment Landscape
If signed by the governor, newly passed California legislation would significantly expand the Office of Health Care Affordability's oversight of private equity and hedge fund investments in healthcare companies and management services organizations, and raise several questions about companies' data confidentiality and filing burdens, say attorneys at Ropes & Gray.
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Pharma Copay Programs Raise Complex Economic Questions
The growing prevalence of copay accumulator and maximizer programs in the pharmaceutical industry is drawing increased scrutiny from patients, advocacy groups, lawmakers and courts, bringing complex questions about how financial responsibility for prescription drug purchases is determined and complicating damages assessments in litigation, say analysts at Analysis Group.
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When AI Denies, Insurance Bad Faith Claims May Follow
Two recent rulings from Minnesota and Kentucky federal courts signal that past statements about claims-handling practices may leave insurers using artificial intelligence programs in claims administration vulnerable to suits alleging bad faith and unfair trade practices, say attorneys at Cozen O'Connor.
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Health Insurance Kickback Cases Signal Greater Gov't Focus
A series of recent indictments by federal prosecutors in California suggests that the Eliminating Kickbacks in Recovery Act is gaining momentum as an enforcement tool against illegal inducement of patient referrals in the realm of commercial health insurance, say attorneys at BakerHostetler.
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FDA Transparency Plans Raise Investor Disclosure Red Flags
The U.S. Food and Drug Administration’s recently announced intent to publish complete response letters for unapproved drugs and devices implicates certain investor disclosure requirements under securities laws, making it necessary for life sciences and biotech companies to adopt robust controls going forward, say attorneys at Arnold & Porter.
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With Obligor Ruling, Ohio Justices Calm Lending Waters
A recent decision by the Ohio Supreme Court, affirming a fundamental principle that lenders have no duty to disclose material risks to obligors, provides clarity for commercial lending practices in Ohio and beyond, and offers a reminder of the risks presented by guarantee arrangements, says Carrie Brosius at Vorys.
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Federal AI Action Plan Marks A Shift For Health And Bio Fields
The Trump administration's recent artificial intelligence action plan significantly expands federal commitments across biomedical agencies, defining a pivotal moment for attorneys and others involved in research collaborations, managing regulatory compliance and AI-related intellectual property, says Mehrin Masud-Elias at Arnold & Porter.
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Preparing For DEA Rescheduling Of 2 Research Chemicals
A recent decision to allow the U.S. Drug Enforcement Administration to reclassify two research psychedelics in Schedule I under the Controlled Substances Act may pose significant barriers to scientific study, including stringent registration requirements, heightened security protocols and burdensome reporting obligations, say Kimberly Chew at Husch Blackwell and Jackie von Salm at Psilera.
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9th Circ.'s Kickback Ruling Strengthens A Prosecutorial Tool
The Ninth Circuit's decision last month in U.S. v. Schena, interpreting the Eliminating Kickbacks in Recovery Act to prohibit kickback conduct between the principal and individuals who do not directly interact with patients, serves as a wake-up call to the booming clinical laboratory testing industry, say attorneys at Kendall Brill.
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Fla. Misses Opportunity To Rectify Wrongful Death Damages
Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.