The New Jersey Supreme Court ruled Thursday that an independent state-owned teaching hospital's conduct cannot be challenged directly in the state's intermediate appellate court because it isn't considered an administrative agency, affirming the dismissal of two protests over the hospital's selection of a pharmacy vendor.
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TOP NEWS

NJ Justices Toss Direct Appeals Over Hospital Contract Bid

By George Woolston

The New Jersey Supreme Court ruled Thursday that an independent state-owned teaching hospital's conduct cannot be challenged directly in the state's intermediate appellate court because it isn't considered an administrative agency, affirming the dismissal of two protests over the hospital's selection of a pharmacy vendor.

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Charges Tossed For Army Doc, Wife In Russia Data Leak Case

By Craig Clough

A Maryland federal judge dismissed all charges against a U.S. Army physician and her wife who were accused of trying to leak military patients' medical information to Russia, finding the government violated the Speedy Trial Act and bungled the defense's request for access to classified information.

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ENFORCEMENT & COMPLIANCE

Ex-Physical Therapy Clinics Owner Gets 2 Yrs. In Billing Scam

By Julie Manganis

The former owner of eight physical therapy clinics in the Boston area was sentenced Thursday in Massachusetts federal court to just over two years in prison for a years-long scheme to bill insurance companies for nonexistent treatments, including for himself.

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Ambulance Co. Owner Accused Of $1M Pandemic Loan Fraud

By Anna Scott Farrell

The owner of a California ambulance company who was charged last year with tax evasion and filing false returns has been further accused of fraudulently securing $1 million from federal pandemic relief loan programs, according to the U.S. Department of Justice.

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LITIGATION

RFK Jr.'s Anti-Vax Suit Against Wash. AG Tossed

By Greg Lamm

A Washington federal judge has dismissed a lawsuit brought by Robert F. Kennedy Jr. on behalf of NBA legend John Stockton trying to shield doctors who make anti-vaccine statements, ruling claims that a medical board probe has chilled speech are speculative.

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J&J Loses Expedited Bid For Beasley Allen Docs In Talc MDL

By Rose Krebs

Johnson & Johnson has lost its bid in New Jersey federal court to have the Beasley Allen Law Firm quickly produce documents related to what J&J said seems to be an "intentional effort" by the firm to "bias the vote" against a proposed $6.5 billion reorganization plan for its talc subsidiary.

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UBH Urges 9th Circ. To Take Up Petition In Health Claim Fight

By Kellie Mejdrich

United Behavioral Health implored the Ninth Circuit to grant the insurance company's petition for appellate court intervention in a consolidated action alleging mismanagement of mental health and substance use disorder treatment claims, arguing a California federal court clearly erred by allowing further pleadings on a denial of benefits claim.

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High Court Urged To Rule On FCC Question In TCPA Dispute

By Jared Foretek

A chiropractic practice group is asking the U.S. Supreme Court to take another crack at the question of whether district courts must adhere to a Federal Communications Commission's legal interpretation of the Telephone Consumer Protection Act, in a bid to revive its proposed class action against McKesson over junk faxes.

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Fertility Doc Says Fraudulent Insemination Suit Filed Too Late

By Ryan Harroff

A Connecticut doctor accused of using his own sperm to artificially inseminate a patient instead of the donor sperm she agreed to use has argued that his former patient and her daughter cannot pursue claims against him more than 36 years after the alleged fraudulent insemination.

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Conn. Marketing Co., Competitor Settle Exec Poaching Suit

By Brian Steele

The Connecticut-based healthcare marketing firm Primacy LLC has reached a settlement with a competitor it accused of poaching a top executive, weeks after bringing a trade secrets lawsuit in federal court.

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Estate Sues Hanover For $13.4M Judgment In Death Suit

By Brian Steele

The Hanover Insurance Group has refused to pay a judgment of nearly $13.4 million to the family of a man who died in the care of a Connecticut group home, according to a lawsuit in state court.

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Philly-Area Home Health Co.'s OT Settlement Gets First Nod

By Ryan Harroff

A Pennsylvania federal judge gave an early nod to a deal resolving a proposed class of nurses' overtime suit against a Philadelphia nursing home that allegedly failed to pay its in-home care workers the proper rates for overtime in violation of both state and federal wage laws.

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Resignation Letter Bylaws Targeted In Five Del. Class Actions

By Leslie A. Pappas

General Motors Co. is among the latest targets of new bylaw-focused litigation from Abbott Cooper PLLC and Block & Leviton LLP, one of five companies in a series of lawsuits in Delaware's Chancery Court that seek to invalidate an "irrevocable resignation requirement" in company bylaws.

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DEALS

Just 57% Of Complex Global Deals Closed Since 2020

By Al Barbarino

About 43% of complex cross-border global deals have failed to close since the start of 2020, while the remaining 57% did close but were highly likely to involve remedies, according to a new report from Weil Gotshal & Manges LLP.

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BANKRUPTCY

Jackson Lewis Questions Role In Wage Suit After Ch. 11

By Matthew Santoni

Jackson Lewis PC attorneys were unsure if they were able to keep representing more than a dozen Pennsylvania nursing homes as an unpaid-wage case approaches a critical deadline, telling a federal court during a conference Thursday that the Bankruptcy Code suspended their service to a group of defendants who filed for Chapter 11 bankruptcy earlier in May.

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EXPERT ANALYSIS

A Changing Regulatory Landscape For Weight Loss Drugs

As drugs originally approved to treat diabetes become increasingly popular for weight loss purposes, federal and state regulators and payors are increasing their focus on how these drugs are prescribed, and industry participants should pay close attention to rapidly evolving compliance requirements, say attorneys at Goodwin.

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Opioid Suits Offer Case Study In Abatement Expert Testimony

Settlements in the opioid multidistrict litigation provide useful insight into leveraging expert discovery on abatement in public nuisance cases, and would not have been successful without testimony on the costs necessary to lessen the harms of the opioid crisis, says David Burnett at DiCello Levitt.

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Patent Lessons From 4 Federal Circuit Reversals In April

Four Federal Circuit decisions in April that reversed or vacated underlying rulings provide a number of takeaways, including that obviousness analysis requires a flexible approach, that an invalidity issue of an expired patent can be moot, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

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LEGAL INDUSTRY

Analysis

Biden's Judicial Impact And What's Left On The Wish List

By Courtney Bublé

President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.

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Meet Biden's Latest Pennsylvania Picks For District Court

By P.J. D'Annunzio & Matthew Santoni

President Joe Biden has continued his trend of nominating public defenders to the federal bench, this time selecting two longtime defense attorneys to occupy vacancies in Pennsylvania.

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DOJ's Live Nation-Ticketmaster Suit: What You Should Know

The U.S. Department of Justice and a slew of state attorneys general filed a suit challenging the 2010 merger of Ticketmaster and Live Nation. Here, catch up on Law360's coverage of the deal and those who have challenged it along the way – Taylor Swift fans, investors and regulators.

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Exiled Chinese Businessman Is No $1B Fraudster, Jury Told

By Stewart Bishop

Exiled Chinese businessman and purported billionaire Guo Wengui ran legitimate companies in support of a broad movement that opposed the Chinese Communist Party, his attorney told a Manhattan federal jury Friday, rather than what prosecutors say was a multifaceted $1 billion fraud.

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Menendez, Kasowitz Firm Spar Over Subpoena To Cooperator

By Elliot Weld

Amid his bribery trial, U.S. Sen. Robert Menendez of New Jersey is urging a Manhattan federal judge to order a government cooperator to turn over communications involving his current counsel at Kasowitz Benson Torres LLP and his former attorneys.

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McElroy Deutsch Seeks Win Against Ex-CFO After Guilty Plea

By Rose Krebs

McElroy Deutsch Mulvaney & Carpenter LLP is urging a New Jersey state court to order its former chief financial officer to pay roughly $1.5 million damages for "unauthorized compensation" he paid himself and force him to disgorge $5.4 million in pay he received from the firm.

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Ex-DOJ Atty Clark Says He Was Denied A Fair Ethics Hearing

By Alison Knezevich

Former Justice Department official Jeffrey Clark was denied a fair hearing in his Washington, D.C., ethics case and should not face punishment, he told an attorney disciplinary committee in a Thursday filing.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

Antitrust law took center stage this week as college general counsel try to figure out the what and how of paying student athletes under a new court ruling, and the U.S. Department of Justice is trying to break up the entertainment venue dominance of Live Nation and Ticketmaster.

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UK Litigation Roundup: Here's What You Missed In London

By Max Austin

This past week in London has seen an IT engineer seek permission to search a landfill hiding a hard drive supposedly storing millions of pounds in bitcoin, Glencore take on legal action by American Century Investments, gold payment app Glint bring a breach of duty claim against FRP Advisory, and an ongoing dispute between a solicitor and the Solicitors Regulation Authority. Here, Law360 looks at these and other new claims in the U.K.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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Using A Children's Book Approach In Firm Marketing Content

From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

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COMPANIES IN TODAY'S NEWS

ARM Holdings PLC

AXA SA

AXA XL Ltd.

Academy Sports & Outdoors Inc.

Aetna Inc.

Alcoa Corp.

Amneal Pharmaceuticals Inc.

Atlantic Global Insurance Services

Avolon Holdings Ltd.

Bayerische Motoren Werke AG

BlueCross BlueShield of Massachusetts

Boehringer Ingelheim

Boehringer Ingelheim Vetmedica Inc.

British Broadcasting Corp.

CVS Health Corp.

Cardinal Health Inc.

Children's Health Defense

Comprehensive Healthcare

Defender Association of Philadelphia

Deloitte Touche Tohmatsu Ltd.

EMCOR Group Inc.

Eli Lilly & Co.

Endo International PLC

Evolent Health Inc.

Federation of State Medical Boards of the United States Inc.

Ferrari SpA

Ford Motor Co.

Fordham University

GXO Logistics Inc.

General Dynamics Corp.

General Motors Co.

Glencore PLC

HSBC Holdings PLC

Icertis Inc.

Integrys Energy Group Inc.

Johnson & Johnson

Jubilee Holdings Ltd.

Knife River Corp.

Lincare Holdings Inc.

Live Nation Entertainment Inc.

MAPFRE SA

Major Lindsey & Africa LLC

McKesson Corp.

McKinsey & Co. Inc.

Mediterranean Shipping Co. SA

Mercedes-Benz USA LLC

MilliporeSigma

Mondelez International Inc.

NBCUniversal Media LLC

NVIDIA Corp.

National Collegiate Athletic Association

Norfolk Southern Corp.

Novo Nordisk A S

OptumRx Inc.

Pac-12 Enterprises LLC

Paysafe Group PLC

Pegasus Capital Advisors LP

Peloton Interactive Inc.

PetroChina Company Limited

Polycom Inc.

Purdue Pharma LP

QBE Insurance Group Ltd.

SentinelOne Inc.

SoftBank Group Corp.

Solicitors Regulation Authority Ltd.

Space Exploration Technologies Corp.

Sumitomo Pharma Co. Ltd.

Swissport International Ltd.

Tesla Inc.

Teva Pharmaceutical Industries Ltd.

The District of Columbia Bar

The Hanover Insurance Group Inc.

The New York Times Co.

Therapeutics Inc.

University of Virginia

Wells Fargo & Co.

Zuora Inc.

LAW FIRMS IN TODAY'S NEWS

Abbott Cooper PLLC

Beasley Allen

Block & Leviton

Bunsow De Mory

Burnham & Gorokhov

Caldwell Carlson

Clifford Chance

Clyde & Co

Crowell & Moring

DWF LLP

Davidoff Hutcher

Davis Polk

DiCello Levitt

Duane Morris

Eversheds Sutherland

Faegre Drinker

Fieldfisher

Fish & Richardson

Fox Rothschild

Fox Williams

Gateley PLC

Gibson Dunn

Goodwin Procter

Greenberg Traurig

Gupta Wessler

Hamlins LLP

Hang & Associates

Hangley Aronchick

Harris St. Laurent

Hill Dickinson

Holland & Knight

Horwich Farrelly

Howes Percival

JMW Solicitors LLP

Jackson Lewis PC

Jones Day

Kasowitz Benson

KaurMaxwell

Kirkland & Ellis

Latham & Watkins

Lowenstein Sandler

Lynch Traub

Madsen Prestley

Marino Tortorella

McDermott Will & Emery

McDonald & MacGregor

McElroy Deutsch

McKool Smith

Michael Best & Friedrich LLP

Morrison Foerster

Motley Rice

Pallas Partners

Paul Hastings

Penningtons Manches

Poole Huffman

Potter Clarkson

Pryor Cashman

Psych-Appeal Inc.

Reed Smith

Rosen Hagood

Saporito Falcone

Schertler Onorato

Skadden Arps

Spencer Fane

Weil Gotshal

Welsh & Recker

Wilkin Chapman

Williams & Connolly

Winebrake & Santillo

Winston & Strawn

Zuckerman Spaeder

GOVERNMENT AGENCIES IN TODAY'S NEWS

Bureau of Labor Statistics

Centers for Disease Control and Prevention

Centers for Medicare & Medicaid Services

Companies House

Delaware Court of Chancery

European Commission

European Union

Federal Bureau of Investigation

Federal Communications Commission

Food and Drug Administration

National Labor Relations Board

New Jersey Legislature

New Jersey Supreme Court

Ohio Supreme Court

Small Business Administration

U.S. Army

U.S. Attorney's Office for the Central District of California

U.S. Attorney's Office for the District of Maryland

U.S. Attorney's Office for the District of Massachusetts

U.S. Attorney's Office for the Southern District of New York

U.S. Bankruptcy Court for the Western District of Pennsylvania

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Department of Defense

U.S. Department of Justice

U.S. Department of Labor

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the District of Connecticut

U.S. District Court for the District of Maryland

U.S. District Court for the District of Massachusetts

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Middle District of Pennsylvania

U.S. District Court for the Northern District of California

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Louisiana

U.S. District Court for the Western District of Pennsylvania

U.S. Environmental Protection Agency

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Supreme Court

United States District Court for the Northern District of Ohio

Washington Attorney General's Office