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Law.com

'Restoring Dignity to Henrietta Lacks': Unjust Enrichment Claim Regarding 'HeLa Cells' May Proceed Against Pharma Company

"Now, Henrietta Lacks' grandson, Ron Lacks, says Ultragenyx unjustly reaps some of the benefits of the wrongs against his grandmother," District Judge Deborah L. Boardman said. "Ultragenyx says it has done nothing wrong, and Lacks has no viable claim against it. Today, the court reaches one modest conclusion about this dispute: If what Lacks alleges is true, it is plausible that Ultragenyx is liable to Lacks for unjust enrichment."
5 minute read

New York Law Journal

NY's Top Court Says Abortion Coverage Mandate Remains 'Good Law'

The 7-0 Court of Appeals ruling, written by Chief Judge Rowan Wilson, rejected a claim by a coalition of churches and religious organizations that had challenged the rule of the Department of Financial Services as violative of the First Amendment.
4 minute read

National Law Journal

Latham and Arnold & Porter Build Health Care Regulatory Teams

A conflict at Paul Hastings contributed to Eva Temkin's move to Arnold & Porter, while Latham has lured two partners from Skadden.
4 minute read

The Legal Intelligencer

Judge Clears Path for Genesis Diagnostic's Dispute Over $419K of Lab Testing

In opposition, Kaiser argued Genesis failed to allege sufficient facts to show a contract existed, claiming the lab failed to adequately plead it "received a valid assignment of benefits from anyone."
4 minute read

National Law Journal

Watchdog Groups Applaud DC Circuit's FOIA Decision Over Trump-Era Health Records

The U.S. Court of Appeals for the District of Columbia Circuit found an exemption to the Freedom of Information Act does not apply to the Trump-era communications that a nonprofit oversight group sought, reversing a district court judgment in a 2-1 decision.
3 minute read

Law.com

Idaho Physician Files Federal Lawsuit to Establish Constitutional Right to Medically Necessary Abortion

"The Supreme Court's decision overturning Roe v. Wade is both wrong as a matter of law and profoundly harmful to the rights and dignity of millions of people," Stephanie Toti, Executive Director of the Lawyering Project said. "But by its own terms, it does not extend to medically indicated abortions, which continue to be constitutionally protected."
5 minute read

Daily Report Online

Was $15M Too Much?: Defendants Argue for New Trial in Macon-Bibb Medical Malpractice Appeal

"[The defense was] doing our work for us, and we were fine with that," the plaintiff-appellees said.
5 minute read

The Legal Intelligencer

Federal Judge Leaves Questions Regarding COVID-19 Vaccine Religious Exemptions for Jury to Decide

According to U.S. District Judge Malachy E. Mannion, Bey plausibly pleaded he gave his employer fair warning of the conflict, finding he couldn't be faulted for not providing more information about his faith on the religious exemption form.
4 minute read

Law.com

Federal Judge Allows Suit Against Alabama's 'Abortion Travel Ban' to Proceed

"Alabama can no more restrict people from going to, say, California to engage in what is lawful there than California can restrict people from coming to Alabama to do what is lawful here," U.S. District Judge Myron H. Thompson wrote.
3 minute read

National Law Journal

Judges Hear 1st Challenge to Medicare Drug Price Program to Hit Federal Appeals Court

The challenge to the program seems to be a part of a larger legal strategy to create a circuit split, thus increasing chances of U.S. Supreme Court review, said Andrew Twinamatsiko, director of the Health Policy and the Law Initiative at the O'Neill Institute.
5 minute read

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