Policy & Compliance
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November 11, 2025
'Exceptionalism,' Preemption And A Test For FDA Authority
University of Pittsburgh law professor Greer Donley talks to Law360 Healthcare Authority about preemption challenges and mifepristone regulation following the GenBioPro decision at the Fourth Circuit.
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November 11, 2025
Calif. Justices Uphold Misgendering Law for Care Facilities
The California Supreme Court has revived a state law requiring long-term care facilities to use residents' preferred names and pronouns, holding that the statute regulates discriminatory conduct, not speech.
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November 11, 2025
A Novo Trial Win, AI Suicide Suits, and Humana v. ChenMed
Law360 Healthcare Authority looks Novo Nordisk's jury trial win on claims it defrauded Washington's Medicaid and Medicare systems, new suits alleging OpenAI disregarded safety risks leading up to the release of a version of ChatGPT last year and other litigation developments shaping the shaping the healthcare industry this week.
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November 10, 2025
IRhythm Denied Early Win On Investor Scienter & Loss Claims
Heart monitor maker iRhythm Technologies cannot get an early win in a proposed investor class action alleging it made misleading disclosures about one of its devices, a San Francisco federal judge has determined.
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November 10, 2025
Pfizer Again Asks Judge To Toss States' Price-Fixing Case
Pfizer has again asked a Connecticut federal judge to throw out claims it faces in a sprawling dermatology drug price-fixing lawsuit filed by multiple states against several pharmaceutical companies, arguing allegations against it were "scant and cursory."
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November 10, 2025
FDA Lifts Hormone Replacement 'Black Box' Warnings
The U.S. Food and Drug Administration on Monday said it was removing the "black box" warnings from hormone replacement therapy treatments for menopause for the risks of cardiovascular disease, breast cancer and probable dementia.
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November 10, 2025
Gov't Can Support Anti-Abortion Group In NJ Subpoena Fight
The U.S. Supreme Court on Monday granted Solicitor General D. John Sauer's request to file an amicus brief and participate in oral argument in an anti-abortion pregnancy center's bid to revive its challenge to a subpoena from the New Jersey attorney general demanding information about its donors.
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November 10, 2025
Mich. Justices To Hear If Signed Form Shields Hospital
The Michigan Supreme Court has agreed to hear arguments on whether a patient's signed consent form alone is enough to defeat a medical malpractice suit claiming a Michigan hospital was responsible for an independent contractor physician's alleged negligence.
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November 07, 2025
Mich. County Not Liable For Officers' Age Bias, Judge Says
A Michigan federal judge has tossed a registered nurse's suit alleging Berrien County discriminated against her because of her age, finding that although the nurse showed she was harassed by jail officers because of her age, she didn't demonstrate that the county was responsible for it.
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November 07, 2025
8th Circ. Upholds EpiPen Co. Worker's Reinstatement
The Eighth Circuit affirmed an arbitration award ordering EpiPen maker Meridian Medical to reinstate an employee accused of falsifying job training records, ruling Friday the decision doesn't violate public policy since there are no federal regulations governing auto-injector training that forbids reinstatement for a procedural training violation.
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November 07, 2025
Couple Says Pilot's Reckless Flying Caused Helicopter Crash
An operator of air ambulance helicopters allowed one of its pilots to make "dangerous, careless, and reckless" flight decisions that resulted in a 2023 crash in the mountains of North Carolina during a patient transport, a couple has alleged in a new lawsuit.
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November 07, 2025
ERISA Recap: 6 Things Attys May Have Missed In Oct.
Two appeals court judges used a decision in an employee stock ownership plan case to urge the full Eleventh Circuit to rethink its requirements for filing federal benefits suits, a marketing company shut down a 401(k) forfeiture case, and CVS and Duke University were hit with new suits. Here, Law360 looks back at six noteworthy ERISA developments from last month.
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November 06, 2025
Conduent Pummeled With Suits Over Monthslong Data Breach
Conduent Business Services LLC has been hit with a barrage of class action lawsuits in New Jersey federal court alleging it failed to adequately protect sensitive personal and health information of more than 10.5 million individuals that were compromised in a major data breach.
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November 06, 2025
Med Groups Call To Break Up 'Politicized' CDC Vax Committee
A Massachusetts doctor and a group of public health trade associations want the federal government to break up a key vaccine committee tasked with nationwide vaccine policy, arguing in an amended lawsuit Thursday that the panel has been tainted with anti-vaccine sentiment.
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November 05, 2025
1st Circ. Questions Trump Admin On NIH Indirect Cost Cuts
A First Circuit panel seemed poised on Wednesday to uphold a district court decision finding that the Trump administration lacks the authority to cap indirect costs for research grants at the National Institutes of Health.
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November 05, 2025
Pharmacy Groups Urge 8th Circ. To Back Ark. PBM Limits
A pair of pharmacy trade groups is urging the Eighth Circuit to allow Arkansas to enforce a law barring pharmacy benefit managers from owning pharmacies, arguing the law is a rational response to "abusive" PBM practices.
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November 05, 2025
Judge Demands Facts In Pa. Medicaid-Paid Abortion Ban Case
A Pennsylvania Commonwealth Court judge on Wednesday repeatedly asked healthcare providers at oral arguments to show her facts on why a statewide ban on Medicaid-funded abortions was unconstitutional, often remarking that the case was short on evidence to support making changes to the coverage exclusion.
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November 05, 2025
Worker Can Keep OT Claim Against Health Care Co.
A worker's overtime claim can proceed against a healthcare company that provides services through the U.S. Department of Labor to individuals who have suffered injuries while working at nuclear facilities, a South Carolina federal judge ruled Wednesday, while tossing other wage- and benefits-related claims.
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November 05, 2025
Mich. AG Urges State High Court To OK Insulin Price Probe
The Michigan Supreme Court weighed overturning two of its prior rulings on consumer protection law Wednesday as the state's attorney general sought the court's blessing for an insulin price-gouging investigation.
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November 04, 2025
5th Circ. Judge Says FCA Illegally Steps On Executive Power
Fifth Circuit Judge James C. Ho says his court should reconsider what he called "serious constitutional problems with the qui tam provisions of the False Claims Act," arguing that whistleblowers who sue under the law "are neither appointed by, nor accountable to, the president," and that conflicts with presidential authority.
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November 04, 2025
Judges Wade Into Abortion Pill Access And Rx Pricing Fights
In a flurry of recent legal activity, courts across the country have been drawn into the nation's most contentious healthcare debates over access to medication abortions and efforts to cap the cost of prescription medications.
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November 04, 2025
Meet The Attys Behind Drugmakers' Conn. Price Cap Suit
Attorneys from Goodwin Procter LLP and Wiggin and Dana LLP are teaming up to represent the Association for Accessible Medicines in its challenge to a Connecticut drug price cap set to take effect at the start of 2026.
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November 04, 2025
NY Court Splits On Emotional Damage From Fatal Birth Injury
New York’s highest court handed a loss to legal advocates who had hoped a mother’s suit over the ramifications of the death of her newborn baby would help overturn a 20-year-old precedent on prenatal torts. A dissenting judge called a legal barrier to emotional damage recovery “contrary to common sense.”
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November 04, 2025
Fed. Circ. Denies VA Surgeon's Wrongful Termination Appeal
The Federal Circuit on Tuesday affirmed the U.S. Merit Systems Protection Board's decision to uphold the firing of a general surgeon by the U.S. Department of Veterans Affairs after he raised concerns about compromised patient care.
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November 04, 2025
9th Circ. Revives Ore. Right To Life Suit: 3 Things To Know
A divided Ninth Circuit panel sided with an Oregon anti-abortion group last week and reinstated its lawsuit challenging a state law that requires health plans to cover abortion and contraceptives.
A New Mental Health Rx? FDA Braces For AI Chatbots
READY TO PUB, SEP SUM -- Patients suffering from depression may someday soon get an unusual kind of prescription that doesn’t involve a pill or an injection: Download a chatbot. Law360 Healthcare Authority has the key takeaways from an FDA meeting focused on regulating AI-powered mental health chatbots.
Gov't Subpoena Powers Face Reckoning In Healthcare Battles
The judicial deference given to the government's power to issue investigative subpoenas is facing an unprecedented challenge in transgender care cases. Willingness by judges to question motives could lead to more subpoena challenges or impede worthy government investigations.
Tylenol Autism Warning May Face Legal, Free Speech Hurdles
The Trump administration’s plan to add an autism warning to Tylenol's labeling could generate procedural and First Amendment challenges. Legal experts expect federal officials’ own words will be used against them.
Expert Analysis
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Employer Considerations After 11th Circ. Gender Care Ruling
The Eleventh Circuit's en banc decision in Lange v. Houston County, Georgia, finding that a health plan did not violate Title VII by excluding coverage for gender-affirming care, shows that plans must be increasingly cognizant of federal and state liability as states pass varying mandates, say attorneys at Miller & Chevalier.
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How Healthcare Practices Can Prepare For ICE Visits
Healthcare providers that may face encounters with immigration enforcement should familiarize themselves with compliance obligations beyond ensuring employment authorization, and mitigate risk by establishing clear policies and specific procedures that safeguard patient rights and manage staff interactions with agents, say attorneys at Roetzel & Andress.
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Adapting To Calif.'s Enhanced Regulation Of PE In Healthcare
New California legislation enhances oversight on the role of private equity groups and hedge funds in healthcare transactions, featuring both a highly targeted nature and vague language that will require organizations to carefully evaluate existing practices, says Andrew Demetriou at Husch Blackwell.
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Lessons From 7th Circ. Decision Affirming $183M FCA Verdict
The Seventh Circuit's decision to uphold a $183 million False Claims Act award against Eli Lilly engages substantively with recurring materiality and scienter questions and provides insights into appellate review of complex trial court judgments, say Ellen London at London & Naor, Li Yu at Bernstein Litowitz and Kimberly Friday at Osborn Maledon.
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Calif. Justices Continued Anti-Arbitration Trend This Term
In the 2024-2025 term, the California Supreme Court justices continued to narrow arbitration's reach under state law, despite state courts' extreme caseload backlog and even as they embraced contractual autonomy in other contexts, says Josephine Petrick at The Norton Law Firm.
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Steps For Healthcare Providers After Cigna ERISA Settlement
Following the Cigna class action's settlement, where Employee Retirement Income Security Act violations arose from Cigna's online provider directory advertising providers as in-network who were actually out-of-network, providers should routinely audit their contract status and directory listings, and proactively coordinate with plans and payor partners, say attorneys at ArentFox Schiff.
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What's New In FDA's Latest Cell And Gene Therapy Guidance
New draft guidance from the U.S. Food and Drug Administration, along with other recent initiatives, come together to promote cell and gene therapy product development by streamlining development and review pathways, say attorneys at Holland & Knight.
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Adapting To Enforcement Focus On Wound Care Fraud
As federal agencies target wound care industry fraud as a top enforcement priority, attorneys advising industry stakeholders should evaluate business relationships for Anti-Kickback Statute violations, emphasize appropriate product use and documentation, and use internal data analytics to monitor billing patterns, say David Tarras at Tarras Defense and Jay McCormack at Verrill Dana.
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AG Watch: Illinois A Key Player In State-Level Enforcement
Illinois Attorney General Kwame Raoul has systematically strengthened his office to fill federal enforcement gaps, oppose Trump administration mandates and advance state policy objectives, particularly by aggressively pursuing labor-related issues, say attorneys at Troutman.
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Organ Transplant System Reforms Mark Regulatory Overhaul
Recent oversight, enforcement and operational developments in the U.S. organ procurement and transplantation system, alongside challenges like the federal shutdown, highlight heightened regulatory scrutiny and the need for compliance to maintain public trust, say attorneys at Hall Render.
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Federal Grantees May Soon Face More Limitations On Speech
If courts accept the administration’s new interpretation of preexisting case law, which attempts to graft onto grant recipients the existing limitations on government contractors' free speech, a more deferential standard may soon apply in determining whether an agency’s refusal or termination of a grant was in violation of the First Amendment, say attorneys at Venable.
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HHS Wound Care Report Highlights Need For Payment Reform
The U.S. Department of Health and Human Services' recent report on potential abuse in Medicare Part B payments for skin substitutes highlights specific fraud schemes, but more importantly emphasizes that broader changes are needed for the wound care sector's fundamentally flawed payment system, say attorneys at Paul Hastings.
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Assessing The Future Of The HIPAA Reproductive Health Rule
In light of a Texas federal court's recent decision to strike down a U.S. Department of Health and Human Services rule aimed to protect the privacy of patients seeking abortions and gender-affirming care, entities are at least temporarily relieved from compliance obligations, but tensions are likely to continue for the foreseeable future, says Liz Heddleston at Woods Rogers.