News & Analysis as of

Healthcare Litigation Strategies

ArentFox Schiff

Associations Can Continue Winning Nationwide Injunctions After Supreme Court Ruling

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The US Supreme Court’s recent decision in CASA v. Trump, 606 US ___ (June 27, 2025), sharply limited the ability of individual plaintiffs to obtain nationwide injunctions....more

Holland & Hart LLP

Navigating Utah's Expanded Peer Review Privilege: A Roadmap for Healthcare Providers

Holland & Hart LLP on

The term “peer review privilege” generally refers to a discovery and evidentiary privilege that can be asserted by hospitals and other healthcare entities to protect the confidentiality of credentialing, quality improvement,...more

McDermott Will & Emery

This Week in 340B: July 1 – 7, 2025

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more

Marshall Dennehey

Proposed Expert’s Qualification to Proffer Standard of Care Opinions Must Be Evaluated Under the Entirety of Section 512 of the...

Marshall Dennehey on

Key Points: Standard of Care: Patient assessment and discussion of procedures to be performed to evaluate the patient prior to surgery fall under the purview of the standard of care, not informed consent....more

Nextpoint, Inc.

Key Discovery Points: Don’t Get Caught with Your Hand in the Production Cookie Jar

Nextpoint, Inc. on

In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today unpack a court’s bold move in the Meta Pixel healthcare case – ordering the production of third-party cookie data tied to...more

Baker Botts L.L.P.

Healthcare Data Case Against Google May Proceed - Rules U.S. District Court

Baker Botts L.L.P. on

On June 6, 2025, the United States District Court for the Northern District of California dismissed a number of claims being brought against Google related to its alleged improper collection of health-related data though...more

Paul Hastings LLP

The Verdict Is In: SuperValu Wins at Trial Despite Knowingly Submitting False Claims

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In 2023, we wrote about the Supreme Court’s decision in United States ex. rel. Schutte v. SuperValu Inc. interpreting the False Claims Act’s (FCA) scienter standard to require inquiry into a defendant’s subjective knowledge....more

Proskauer - The Patent Playbook

Discretionary Denials in Action: iRhythm Technologies Inc. v. Welch Allyn Inc.

The U.S. Patent and Trademark Office (“USPTO”) Acting Director’s recent decision to deny institution of inter partes review (“IPR”) in iRhythm Technologies Inc. v. Welch Allyn Inc. offers valuable lessons for both patent...more

McDermott Will & Emery

This Week in 340B: May 20 – 26, 2025

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Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more

U.S. Legal Support

How AI Helps Streamline Medical Record Summaries

U.S. Legal Support on

When it comes to the “iron triangle” points of time, cost, and quality, we’re often asked to choose which one should be sacrificed. AI’s ability to streamline medical record summarization, however, is a shift that can benefit...more

McDermott Will & Emery

This Week in 340B: May 13 – 19, 2025

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Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more

Epstein Becker & Green

Eleventh Circuit Addresses Rule 9(b) Heightened Pleading Standard in False Claims Act Case

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The U.S. Court of Appeals for the Eleventh Circuit has concluded that a successful False Claims Act (FCA) claim should “allege not just a scheme, but a scheme that actually led to false claims being submitted to the...more

Sheppard Mullin Richter & Hampton LLP

Inferential Leaps and Conclusory Kickback Allegations Remain Verboten in False Claims Act Complaints

Last month, the Eleventh Circuit (the “Court”) issued a decision in a False Claims Act (“FCA”) case against a medical supplier that offers welcome clarity for companies facing whistleblower allegations. In Vargas ex rel....more

A&O Shearman

Medibank class action: navigating the legal privilege maze

A&O Shearman on

Concerns about claims of legal professional privilege over third-party investigation reports produced in the course of responding to cyberattacks, and the extent to which such reports can be shielded from disclosure in legal...more

Foley & Lardner LLP

Health Care Litigation: Seven Considerations in Forum Selection

Foley & Lardner LLP on

Choosing where to resolve a health care dispute can be overwhelming at first glance. After all, in addition to determining where a case can be brought in the first place, there is the question of where it should be brought....more

Bradley Arant Boult Cummings LLP

Eleventh Circuit Further Clarifies its “Reliable Indicia” Pleading Standard Under the False Claims Act

It has long been the law of the Eleventh Circuit that, under the False Claims Act (FCA) and Federal Rule of Civil Procedure 9(b), a relator must provide sufficient “indicia of reliability … to support the allegation of an...more

McDermott Will & Emery

This Week in 340B: April 8 – 14, 2025

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Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more

Epiq

How Plaintiff and Defense Attorneys Can Protect Beneficiaries’ Finances and Health Care in MMSEA Section 111 Reporting

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Insufficient collaboration between plaintiff and defense attorneys regarding Medicare, Medicaid, and SCHIP Extension Act (MMSEA) Section 111 reporting requirements creates administrative complications which can negatively...more

Butler Snow LLP

Turnabout is Fair Play – “Junk Science” Litigation Aftermath: Requisite Retractions and Dubious Do-Overs

Butler Snow LLP on

Do plaintiffs’ experts get to put junk science before juries more often than their opinions are excluded? The answer is a resounding “probably.” Even in light of the December 2023 amendment to Federal Rule of Evidence and its...more

McDermott Will & Emery

This Week in 340B: March 18 – 24, 2025

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Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more

Groom Law Group, Chartered

Plaintiffs Double Down on Challenges to PBM Arrangements in Class Action Lawsuits Involving Johnson & Johnson and JPMorganChase

On March 10, 2024, the plaintiffs filed an amended complaint in a much-followed putative class action lawsuit against Johnson & Johnson (“J&J”) alleging that the plan fiduciaries for J&J’s group health plan violated ERISA by...more

ArentFox Schiff

Federal Court Holds That Pathology Group States Viable Claims Against Multiplan and Cigna for Failing to Ensure In-Network Payment

ArentFox Schiff on

A federal court recently rejected arguments by MultiPlan, Inc. and Cigna Health and Life Insurance Company that they had no obligation to ensure payments at the contractually negotiated, in-network rate to Anatomic and...more

McDermott Will & Emery

This Week in 340B: March 11 – 17, 2025

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Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more

IMS Legal Strategies

Giving Anger a Voice: Approaching Anti-Corporate Frustration Through Trial Strategy

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The assassination of UnitedHealthcare CEO Brian Thompson ignited a complex array of public reactions. Amid the standard shock and sympathy, many less orthodox responses emerged: expressions of dark humor, bitter comparisons...more

Sheppard Mullin Richter & Hampton LLP

Proving Fraud is and Should Be Hard: Lessons from a Recent Medicare Advantage False Claims Act Decision

The litigator’s adage “it’s easy to plead, it’s hard to prove” once again came true in the long-running False Claims Act (FCA) case targeting Medicare Advantage (“MA”) plans operated by UnitedHealth (United). Eight years...more

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