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Epic v. Health Gorilla: “Working as Designed”
We’ve been on a bit of a legal bender since just before Labor Day, so let’s keep a good thing going! As predicted, Epic does not want its case against Health Gorilla consolidated with the data breach cases, so it filed a motion to vacate the conditional transfer. And because they had to explain to the Panel why this case is different, they put a good chunk of previously unseen Epic v. Health Gorilla discovery record on the public docket! Roll the tape! The Case Against Consolidation Before we get to the fun stuff, let’s do the housekeeping. Epic's motion boils down to three arguments (sorted in ascending order of how well they land): A judge has already decided this. Judge Olguin declined to relate the fraud action to another ELU case (Patterson v. UVA Health), holding that the two do not call for determination of substantially similar questions of law or fact. Epic asks the Panel to treat that (a Rule 42 ruling) as law of the case. The overlap is thin. The three common questions Health Gorilla and the Panel identified are neither numerous nor complex (the qualities the Panel looks for before centralizing). Moreover, they are outnumbered by the questions unique to each side: The breach cases turn on security architecture, notification timing, and patient-level access. The fraud action turns on false treatment attestations and breaches of the framework agreements. Consolidation costs more than it saves. 17 of 21 parties in the fraud action do not appear in a breach case. The cases are also at very different stages: Olguin has a scheduling order running through a January 2028 trial while the breach actions are much more nascent. I like the last two more than the first because they attack the basic economics of an MDL: there just may not be enough shared discovery here to justify dragging all the defendants and a relatively mature fraud case all the way to Florida. On the other hand (while I know exceedingly little about MDL and Rule 42), I have a hard time seeing why a district judge's decision about his own docket would control what the Panel does with the separate § 1407 question. I might be reading between the lines too much, but I sorta think Epic's own brief half-concedes this, framing the two provisions as "two sides of the same coin" but then adding "respectfully submit" (which is often lawyer speak for “we know this is a reach”). The Ladder Gets More Rungs Anyway, the arguments are not why you're here (aside from the lawyers, maybe). Back in June, we discussed how Epic was using the smaller defendants to build an evidentiary ladder toward Health Gorilla and Unit 387. Turns out discovery has been adding a few rungs of its own.
Wild scenes in City win! Security steps in, tunnel rocks
There was plenty of tension in that one! Emotions boiled over more than once between Manchester City and Porto last night.It all started in the first half with a foul by Marc Guéhi on Gabri Veiga. In...
Dana White Comments on Michael Page’s UFC Future
UFC president Dana White confirmed that the promotion has no interest in re-signing Michael Page after the conclusion of his contract.Page just finished his six-fight UFC contract with a 5-1 record, but his fights were not exciting to watch, and the UFC had no interest in re-signing him.Dana White Confirms Michael Page Is No Longer […] The post Dana White Comments on Michael Page’s UFC Future appeared first on HEAVY.
Undefeated Anthony Wint Books Second UFC Fight in 43 Days
Former NFL player Anthony Wint has booked his second UFC fight in 43 days. The undefeated athlete out of Homestead, Florida, fights on the UFC 332 card on October 3 in Salt Lake City, Utah. He takes on promotional newcomer Lucas Armand in the heavyweight division. The UFC announced the fight on the Dana White’s […] The post Undefeated Anthony Wint Books Second UFC Fight in 43 Days appeared first on HEAVY.
Judge dismisses ORED Rock Creek Entertainment District lawsuit motions, rules in favor of city
In a four and a half hour hearing Tuesday, Cleveland County Judge Michael Tupper ruled against Oklahomans for Responsible Economic Development and in favor of the city of Norman, Norman
Gymnastics, fitness and range of motion: See 4 health-focused business updates in Spring-Klein
There are several health-focused businesses that recently opened or plan to open in the Spring area.
Solomon Islands domestic political squabbles could frustrate diplomatic engagement
No confidence motion withdrawn, but experts say volatility could undermine PM Wale’s pivot to Canberra, Washington
Smithsonian chief Lonnie Bunch to retire following clash with Trump admin
Bunch said in a news release Tuesday that he was departing the position he had held since 2019 "with very mixed emotions and heartfelt gratitude"
Smithsonian chief Lonnie Bunch to retire following clash with Trump admin
Bunch said in a news release Tuesday that he was departing the position he had held since 2019 "with very mixed emotions and heartfelt gratitude"
Smithsonian chief Lonnie Bunch to retire following clash with Trump admin
Bunch said in a news release Tuesday that he was departing the position he had held since 2019 "with very mixed emotions and heartfelt gratitude"
Carole Radziwill says ‘the emotions all came back’ when “Love Story” aired while she filmed her return to “RHONY”
Radziwill is related to John F. Kennedy Jr. through marriage; her late husband, Anthony Radziwill, and JFK Jr. were first cousins.
Smithsonian secretary Lonnie Bunch is leaving amid fights with Trump
Bunch, the first African American and first historian to lead the institution, said he has ‘mixed emotions’ about departing.
Senior Health Fair set for Sept. 11 in Flower Mound - Cross Timbers Gazette | Southern Denton County | Flower Mound
Southern Denton County residents age 50 and older can connect with dozens of health and wellness resources during the 2026 Senior Health Fair this Friday, Sept. 11, in Flower Mound. The Flower Mound Seniors in Motion Auxiliary will host the annual event from 9 a.m. to noon at the Flower Mound Senior Center. Admission is […]
Kansas City psychiatrist explores the science behind high emotional sensitivity
Dr. Sasha Hamdani's new book, "Too Sensitive," aims to provide a science-backed, empathetic framework for understanding why some people experience high emotional sensitivity. The Kansas City psychiatrist joined KCUR's Up To Date on Tuesday.
“The View” pays powerful tribute to Barbara Walters in emotional season 30 premiere: ‘This is that show’ she envisioned
Whoopi Goldberg spoke about how each of the six current cohosts fulfills the late Walters’ desire to highlight the perspectives of an eclectic group of women.
Names in the News 9-8-26
Appointments and promotions at Constellation Hotels, Emirates, Virgin Atlantic and Hilton
Pete Davidson reveals emotional 9/11 connection to Michael Strahan: ‘You put me on your shoulders’
In a new documentary, Davidson and Strahan recall and relive the happy meeting that took place amid tragedy and pain.
California’s political hopefuls remain silent on state’s job losses, unemployment
Dan Walters Commentary: The aspirants for those positions are making all sorts of promises to win voters’ approval. But few, if any, have mentioned a slow-motion menace affecting a fundamental
Trust in Jackson crucial for Emery
Ollie Watkins' departure to Al-Hilal - which lurched between acrimonious and emotional - has left Aston Villa without their best attacking outlet. Despite just one goal in his first 13 top-flight games last season, he ended up netting 16, leaving him on 91 Premier League goals - a club record. Nicolas Jackson was brought in as Watkins' direct replacement and was a priority signing for Unai Emery, having worked together at Villarreal.
Six decades of politics (but little government)
The first aired episode of “Star Trek,” entitled “The Man Trap,” premiered on September 8, 1966 — 60 years ago today. I’m actually editing a political science fiction issue of The Forum right now, and it’s prompted to me think a lot about the ways that Trek deals with politics and government and what it’s offered us as commentary. The @smotus report is a reader-supported publication. To support this work, please become a paid subscriber. Subscribe The original TV series ran from 1966 to 1969. It had a loyal but modest following, but the audience grew substantially with the series in syndication for years after that. The franchise developed its first motion picture in 1979, followed by five sequels, and then a whole other series of films built around the “Next Generation” series that first aired in 1987. In recent decades, several more TV series have built up around it, including the current “Strange New Worlds,” now in its fourth season. Throughout the past six decades, the franchise has offered us a good many insights into US politics and international relations, although often disguised as science fiction yarns. The original series was largely a Cold War fable, with the United Federation of Planets (a stand-in for the US) perpetually at odds with the Klingon Empire (a stand-in for the USSR). The “Let That Be Your Last Battlefield” episode (1969) posited a planet divided into two races, largely indistinguishable to outsiders, but nonetheless constituting a brutal racial hierarchy. “Patterns of Force” (1968) showed a struggling planet where the leader had attempted to construct a benevolent dictatorship — literally Nazism without bigotry — and found that authoritarianism could not exist apart from hierarchy and oppression. (Relatedly, I’d put “Star Trek VI: The Undiscovered Country,” high on a list of dad films about the end of the Cold War, near “The Hunt for Red October.”) Get 20% off for 1 year Indeed, the original series itself was something of a political statement, with a multi-racial crew running the Enterprise, a diverse and largely peaceful Federation mostly free from want and oppression, and protected by Starfleet, an armed force whose scientific mission was at least as important as its military one. Famously, when Nichelle Nichols wanted to walk away from the role of Uhura on the original series, none other than Martin Luther King, Jr. met with her and urged her to remain on the show, discussing the importance of viewers seeing an intelligent Black woman as part of the command team three centuries hence. Later series in the Trek franchise offered a good deal of political commentary on their own, but probably none as explicitly and incisively as “Deep Space Nine,” which ran from 1993 to 1999. The episodes surrounding the Dominion War, especially the “In The Pale Moonlight” (1998), showed the compromises, sacrifices, and moral rot associated with winning even a just war — probably better than any series would until “Andor” (2022-25). In “Far Beyond The Stars” (1998), Captain Benjamin Sisko is somehow transplanted to the role of a science fiction writer in 1950s New York. The writer is frequently sidelined and his ideas stolen because publishers don’t want to credit a Black writer. Several series have depicted the secretive Section 31 — an unacknowledged black ops security force operating within Starfleet. These episodes often end up using Section 31 as a foil to show the dangers of a lawless group within a lawful society, even (especially) when that group posits itself as essential for everyone else’s freedom to continue. The current “Strange New Worlds” has played with a few political themes. I found the first two seasons of this show among the best that the Trek franchise has produced in decades, but this season and the last have really been struggling for ideas. Yet one interesting thread is the idea that the diplomatic and enlightened leadership style of Captain Christopher Pike will not work in all situations. “A Quality of Mercy” (2022), which I wrote about here, puts Pike in the middle of a battle with a Romulan vessel in an alternate timeline, and finds that Pike’s conciliatory style would actually make a lengthy and deadly war more likely, while a quick and more violent approach might have prevented the war. This season’s opener, “Valles Marineris,” shows a pre-lightspeed civilization locked in a war to the death with a neighboring planet. The idea of an alliance or a federation hasn’t even occurred to them — their ship’s commander is curious but doesn’t see it as an option. For a franchise as political as “Star Trek,” one thing we almost never see is the government. We get occasional glimpses of Starfleet’s council — mostly uniformed people at a rectangular table — but almost no sense of how the Federation is governed. Are there elections? Who is in the legislature? How much power does the president have? What kind of factional divisions do they wrestle with and how? The shows and films are pretty silent on this. We’ve seen a few military tribunals within Starfleet, but little about how civilians deal with crime and injustice. With recent years seeing some of the franchise’s more interesting plot lines and casts, it seems clear that Star Trek is still full of energy and ideas. Given the erosion of American democracy and the reshuffling of the international order, there’s no shortage of material for future shows to comment on. I’m not sure we should toast to 60 more years, but cheers to a show that continues to teach us about ourselves. Share
On 988 Day, Vibrant Emotional Health Reminds Everyone: With 988 Reasons to Reach Out, Your Reason is Reason Enough
/PRNewswire/ -- Today, September 8 (9/8), Vibrant Emotional Health (Vibrant), the nonprofit administrator of the 988 Suicide & Crisis Lifeline, joins the...
On 988 Day, Vibrant Emotional Health Reminds Everyone: With 988 Reasons to Reach Out, Your Reason is Reason Enough
Today, September 8 (9/8), Vibrant Emotional Health (Vibrant), the nonprofit administrator of the 988 Suicide & Crisis Lifeline, joins the Substance Abuse and Mental Health Services Administration (SAMHSA) and communities across the country in recognizing 988 Day, a national day of awareness led by SAMHSA to highlight the 988 Suicide & Crisis Lifeline and the importance of making mental health support accessible to everyone.
Do birds enjoy flying? Scientists asked cockatoos
Flying leads to positive emotions and optimism in Galahs
💣 James Rodríguez is close to joining Italy's second division!
The former Real Madrid player is close to Serie B: Avellino are betting on the attacking midfielder’s international experience in their push for promotionJames Rodríguez’s future could lie in Ita...
‘You are not a bad mother’: transforming women’s mental health care during pregnancy and after childbirth in Armenia
The arrival of a baby is often seen as one of life’s most joyful moments. Yet behind the expectation of happy motherhood, some women experience anxiety, depression, fear or emotional distress – feelings that can remain hidden behind the pressure to be “a good mother”. In Armenia, a woman’s mental health during the perinatal period is still too often overshadowed by the focus on physical health. This gap was spotted by the Kanani Social-Prsychological Centre NGO, which used EU support to make mental wellbeing part of maternity care across Armenia. During the final months of her second pregnancy Lilit (28) was full of fears. Her
CCRES Real Job Preview: Behavioral Health Industry Challenges
CCRES employees discuss the challenges of behavioral health careers and how teamwork helps students communicate and regulate emotions.
Humpback whales can sing for up to 16 hours without stopping, and scientists have found their songs are synchronized with every dive — different themes line up with the descent, the deep-water phase and the climb back to the surface
The whales aren't just singing—they're composing underwater symphonies that match the architecture of their own bodies in motion, revealing a hidden layer of sophistication in one of nature's most mesmerizing performances.
The Lowdown On Bournemouth's EFL Cup Opponents Lincoln City
Lincoln head to Bournemouth hoping a cup upset is on the cards. The Imps have made a decent start to life in the Championship following promotion, while its anticipated the Cherries will be much changed for this one, so Bournemouth may need to tread carefully in this one.
The Science of Emotion: How Scentsophy Is Changing Modern Perfumery
Discover the world of luxury—elite travel, supercars, yachts, private aviation, fine living, and curated style from Upscale Living Magazine.
Mental health services being offered at two schools
Riverside Counseling LLC will begin providing on‑site mental health services at both Eisenhower and Youngsville Schools starting in the 2026 school year. The initiative aims to make emotional and behavioral health support more accessible for students by offering therapy directly within the school buildings. “We are here to support the Youngsville and Eisenhower Schools by […]
Women create mental health check-in and emotional support program for children
I coach executives. I'm teaching my kids a skill AI can't replicate.
Pam Manfredo Curtis says emotional intelligence will become more important as AI transforms work. Parents can begin developing it in childhood.
Key moments in the Lindsay Clancy case: the 911 call, mental health care, mistrial
The judge has declared a mistrial in the Lindsay Clancy murder trial. After seven days of deliberating, the jurors failed to reach a verdict on whether she was criminally responsible for killing her three young children at her Massachusetts home. Judge William Sullivan declared the mistrial Friday. That came after jurors sent a note saying that they were “unable to come to a unanimous decision and will not be able to." The emotionally charged case has sharply divided many Americans and generated intense interest for over a month. It’s drawn attention to issues around maternal mental health after childbirth.
What if your ‘lizard brain’ never existed? Scientists challenge a 70-year-old theory and uncover the wiring battle that may have shaped human intelligence
For decades, the human brain was like some evolutionary skyscraper: ancient instincts on the bottom, emotions in the middle, and sophisticated reasoning on the top. That’s a good reason why we sometimes feel stuck between impulse and logic.
Scientists trace the arrow of time to interactions between neurons
Retinal neurons produced a measurable arrow of time even when viewing motion with no preferred direction between past and future.
Sony's Tom Rothman on 'Spider-Man: Brand New Day' Blockbuster Success, Being Outbid for 'Obsession' and More
Sony's Tom Rothman took a victory lap with the studio's boffo success of 'Spider-Man: Brand New Day,' speaking at the Lumiere Summit in France.
Prairie People highlights the new hires, promotions in our region
Here are some of the latest business announcements
🎥 Barcola, Fernandez, Kean, a weekend of dream debuts!
First matches, first emotions, and already a few standout moments! Some new signings wasted no time making a strong impression at their new club. Here’s a look at these early successes.Bradley Barco...
Cincinnati Council returns from recess. Here's what's on the agenda
From surveillance technology to nuisance bars to parking lot security, here are a few of the ordinances, motions and discussions to expect at City Hall over the next few weeks.
Swansea must protect defensive record
Having conceded just once this season, head coach Vitor Matos says Swansea City must maintain their steely defensive record to challenge for promotion.
Scientists say love follows hidden mathematical rules
Could math help explain why some relationships survive life’s inevitable stresses while others slowly fall apart? Researchers have spent decades developing mathematical models that treat romantic feelings as changing systems, revealing patterns in attraction, emotional reactions, conflict, and recovery.
Hawks Schedule 2026-27 Season Has Big Rivalry Games
The 2026-27 Atlanta Hawks schedule is finally here, and it looks like a wild ride. Fans can look forward to intense matchups against old rivals and emotional returns to the arena. I was just sitting on my porch thinking about how fast time flies. It feels like just yesterday we were worrying about last season’s…
Texas Tech RB Quinten Joyner Stars in Emotional Debut
Joyner played his first game as a Red Raider after missing last season with an injury.
When Distress Has No Name: Re-thinking Mental-Health in Pakistan
Sangji uses one woman's story to show that emotional distress in Pakistan is shaped by patriarchy, poverty, trauma, and history, challenging individualised psychiatric diagnoses while advocating culturally grounded, systemic understandings of mental health.
Füllkrug: Return to Bremen emotional and 'bit surreal'
Niclas Füllkrug said that his return to Werder Bremen has been emotional and "a bit surreal" at times. Since coming back to his youth club, Füllkrug has scored two goals in three matches across all competitions, including one in the 3-1 Bundesliga win against RB Leipzig on Saturday, their first in the new league season.
Swinney suggests Scots will not travel further for health care under reforms
Plans are in motion to cut Scotland's mainland health boards from 14 to two, but questions remain about how they would work in practice.
Iowa City and Cedar Rapids Business notes for Sept. 6, 2026
Business Notes is a compendium of the week’s promotions, new hires, certifications, added business lines and business events, among other items, in Cedar Rapids, Iowa City and the rest of
Beloved TV anchor tears up about mother’s death during broadcast
Rosanna Scotto became emotional during her first broadcast since mother Marion Scotto died at age 90.
Krewe founder named director at shelter; La. nurse picked as president of national association
Take a look at some of the recent promotions and new hires announced at south Louisiana businesses.
Tri-state people in business: New hires, promotions, recognitions
Cottingham and Butler, of Dubuque, announced the following new hires:
Vacant Title Fight Headlines UFC 332 in Salt Lake City
With less than a month to go until the UFC 332 event in Salt Lake City, Utah, the promotion has finally announced the headliner for October 3. Natália Silva gets her shot at UFC gold. The Brazilian fighter takes on Wang Cong for the flyweight championship. The UFC announced the fight moments ago during the […] The post Vacant Title Fight Headlines UFC 332 in Salt Lake City appeared first on HEAVY.
Analysis: Tigers continue impressive start
Hull entered the third round of fixtures as one of only four Premier League clubs with a 100% record after two games. The majority of Hull's attacks on Saturday went through Mohamed Belloumi on the right wing and he almost gifted a third win from as many matches to the Tigers here with a stunning effort. The Algerian winger, 24, has shown in the opening weeks he has the quality to make an impact in the Premier League after starring in their promotion campaign.
Is Work Starting for Trump’s Arch? It Depends Who’s Asking.
The Justice Department told a court the government would only conduct archaeological excavation, a day after a Trump official announced the project was in motion.
FSU Film alums help power some of summer movie season's blockbusters
Alumni of FSU’s College of Motion Picture Arts have left their mark on some of this summer’s most prominent movies.
Neuer's farewell tour: One last emotional stop at Schalke
Bayern Munich goalkeeper Manuel Neuer has probably been looking forward to this football match since May 2. That's when his former club Schalke secured a long-awaited return to the Bundesliga after three years in the second division.
Heartbreak and politics collide in North Carolina Senate race
Two emotional political ads airing in North Carolina’s U.S. Senate race are using the stories of families who lost loved ones to gun violence to make a case against former Governor Roy Cooper…
Heartbreak and politics collide in North Carolina Senate race
Two emotional political ads airing in North Carolina’s U.S. Senate race are using the stories of families who lost loved ones to gun violence to make a case against former Gov. Roy Cooper.
Terri Irwin recalls final days, ‘long and sweet goodbye’ with husband Steve Irwin 20 years after his death
Terri Irwin recalled her final days with late husband Steve Irwin in an emotional tribute, 20 years after his death on Sept. 4, 2006.
Fanatics Upgrades Bet Protection, Offers New Products for Football Season
Fanatics is expanding Fair Play Max with new player-prop protection while introducing NFL Squad Bets and a slate of football promotions.
Sandra Bullock reveals the shocking question she kept getting asked about ‘Practical Magic’
‘Practical Magic 2’ star Sandra Bullock reveals the shocking question she kept getting asked about the original 1998 film during its promotion three decades ago.
The Real-Life Medicine and Science Behind Oppenheimer’s Demon
Novelist Geoffrey Simmons explains how he drew on his background as an ER doctor and disaster preparedness expert to make his story real and plausible.
Jennifer Aniston's emotional interview with boyfriend Jim Curtis about his health journey
The couple made a rare joint appearance at New York City’s 92nd Street Y, with Jen interviewing her wellness coach boyfriend about hie new guide to healing, “The Book of Possibility.”
How to check if Motion Assist has rolled out to your Android 17 phone
Following the announcement on Tuesday, Google is slowly rolling out Motion Assist to phones running Android 17.
ACEing Autism through adaptive sports
ACEing Autism helps neurodivergent kids practice physical, mental, and emotional skills
Good Good Golf leadership collapses following viral Callaway ad backlash
Good Good Golf CEO Matt Kendrick and president Joe Flannery have stepped down from the media company following intense public condemnation over a promotional advertisement for a new Callaway driver, according to multiple reports. The commercial depicted a man pushing a woman to the ground and warning her not to touch the golf club. Good Good co-founder Nahid Giga has been named interim CEO, according to details from an internal memo first reported by Business Insider.
Dana White Calls Hawaii Dream Destination for UFC
UFC president Dana White said that going to Hawaii is a dream destination for the world’s leading MMA promotion.Despite Hawaii having two of the most popular fighters in MMA history, former UFC champions BJ Penn and Max Holloway, coming from “The Aloha State,” the UFC has still never held an event on the Hawaiian Islands, […] The post Dana White Calls Hawaii Dream Destination for UFC appeared first on HEAVY.
Sony and Microsoft say they’re not obligated to pass U.S. tariff refunds to consumers, echoing Nintendo
Back in July, Sony executives told investors that the company expected to receive $508 million in refunds from the U.S. government, after tariffs that the PlayStation-maker paid were ruled mostly in 2025 were found to be illegal. “Most” of the refund would by recouped by Sony’s gaming division, its chief financial officer said. This week, Sony’s lawyers are arguing that the company is not legally obligated to pass those proceeds on to consumers who paid for recently price-hiked PlayStation consoles. That’s in the face of a lawsuit from gamers calling on them to do exactly that. “Paying fair market price for voluntarily purchased consumer goods is not a legally cognizable injury in fact,” the lawyers wrote in a legal motion filed on Monday, as they asked a judge in California’s Northern District to dismiss a potential class action lawsuit over the tariff refunds. Microsoft made a similar argument two weeks ahead of Sony’s lawyers, in a similar lawsuit brought by a gamer in federal court in Washington State. As Microsoft’s legal team put it on August 21, in their request for a dismissal of that lawsuit: “There is nothing unjust about Plaintiff purchasing an Xbox at an advertised price and getting exactly what he paid for—regardless of whatever theory he devised months later about Microsoft’s cost structure.” Both legal fights are set to go on for some time. How things got to this point U.S. tariffs impacting a wide range of imported goods, including game consoles, had kicked off in early 2025. In May 2025, Microsoft raised the price of its Xbox consoles, citing “market conditions and the rising cost of development.” They raised them again that September. In August of that year, Sony raised the price of PlayStation 5 consoles, citing “a challenging economic environment.” Sony later told investors that its tariff fees for the fall quarter were nearly $200 million. in February of this year, the U.S. Supreme Court ruled the 2025 tariffs illegal, prompting impacted companies to begin to request refunds. In turn, consumers began suing the likes of Sony and Microsoft to get what they said was their share. The gamers in the Microsoft and Sony lawsuits argue that the 2025 price hikes of PlayStation and Xbox consoles, which added $50 or more to their sticker price, were due to illegal tariffs and should now be returned to consumers. The Sony suit started in May, when a group of gamers sued in federal court in California, saying Sony Interactive Entertainment (PlayStation) would be unjustly enriching itself if it did not pass tariff refunds to its PS5 buyers. “Sony is poised to be paid twice for the same unlawful tariff burden: once by its customers (through elevated prices) and once by the U.S. government (through tariff refunds),” the gamers’ lawyers wrote at the time. They called for Sony to partially reimburse anyone who bought a PlayStation in the U.S. since August 1, 2025. The Microsoft suit, filed by gamer Trevor Hastings against the Xbox giant in July, made similar claims. The console makers push back In late July, Nintendo’s lawyers, facing a similar suit accusing them of double-dipping on tariffs and refunds, replied with arguments that previewed Microsoft’s and Sony’s: “Nintendo or one of its retailers set a price for each product, and consumers decided whether that price was worth paying,” they wrote. Sony has buttressed that Nintendo-style argument this week by saying that the gamers have failed to prove that tariffs were the reason for its August 2025 PS5 price hike. They call thatclaim “speculative and illogical.” Other factors, including “inflation, currency fluctuations, component costs, logistics, competitive dynamics, or demand,” could have played a role. (No, the Sony lawyers do not break down the costs and factors that officially triggered the price increases). Microsoft has also argued that there’s no proof in these lawsuits that tariffs drove all or some of the price increase, as it seeks to dismiss the tariff refund suit it’s facing: “Plaintiff provides no specific allegations that would establish any pricing differential attributable to tariffs or suggest any possibility that Microsoft applied then or could recreate now any dollar-for-dollar calculation of tariff-related pricing—any more than it could any other market factor that affects pricing.” To further skewer the gamer side’s argument in its case, Sony’s lawyers have pointed to what might be a surprising defense: yet another PlayStation 5 price hike from this past spring, after the tariffs were ruled illegal. “If the original price increase were attributable to tariffs, SIE [Sony Interactive Entertainment, aka PlayStation] would have had no reason to raise prices again after the Supreme Court invalidated the IEEPA tariffs.” … “If tariffs were the cause of the price increases, one would expect SIE to lower prices once the tariffs were eliminated—not raise them again. Instead, the timeline confirms that the pricing of PlayStation consoles includes a diverse and dynamic set of input costs.” Judges have not yet ruled on the arguments made by Sony, Microsoft or Nintendo. Last week, Panic, the company behind the small, yellow Playdate handheld said it would be passing its tariff refunds on to consumers. It is the only gaming hardware maker to have made such a pledge. Game File is a reader-supported publication. To receive new posts and support my reporting, please consider becoming a free or paid subscriber. Subscribe Item 2: A reporter’s second Second Life Wagner James Au, who from 2003-2006 was paid by San Francisco-based tech company Linden Lab to be a full-time journalist embedded in their virtual world Second Life, is returning to the company. This time, he’ll be an editorial advisor and business development specialist, he tells Game File. The new role will involve trying to share the stories of people inhabiting Second Life’s ongoing online world with reporters and by extension the public. Au plans to continue to also chronicle some of that through his long-running blog New World Notes. I’ve known Au since the mid-2000s and featured him in a 2007 article for the Columbia Journalism Review about reporters like him opening up virtual news outlets within Second Life. As I wrote at the time: On April 22, 2003, writing as Hamlet Linden for the New World Notes blog on Second Life’s Web site, Au introduced himself. “For the next few months, Linden Lab has invited me to set aside my journalist cap, and instead, don the digital beanie of their in-house virtual correspondent.” He wasn’t paid to keep it positive. He wrote about builders and eccentrics, but then in August of that year, he reported on a tax revolt against Linden Lab (a complaint about the fees it charges users who build stuff) led by a resident whose avatar was a big cat. Second Life has always been less of a video game and more of a virtual world where people can live, hang out, make art, sell virtual items and flirt. Back in 2007, Au described touring it as “sort of like underwater lucid dreaming.” For the past two decades, Au has maintained New World Notes as an independent publication. But he said he’s been drawn back to Second Life and Linden Lab as a place to directly work. The virtual world has around 650,000 monthly active users, he said, “which is actually about what it was during the hype wave.” Au says he’s still finding rich stories in Second Life, the kind that keep him interested 20 years into the beat: “Over the last few months for instance, I wrote about an SL creator in Venezuela whose apartment was destroyed by the earthquakes, so the global SL community rallied to get him back on his feet,” he told me. “Then there’s the woman from a Middle Eastern country who explored her lesbian sexuality in SL, then earned enough from her virtual jewelry to escape her abusive family situation and country.” Au wants to beckon more reporters to give Second Life another look. He argues that it is often ahead of internet trends, noting, for example, an early backlash in the community against AI-made art. Now the platform is drawing curiosity from more of the user-generated content community who’ve grown up with the likes of Roblox, according to Au. “Second Life was too early during its hype wave in 2005-2010, but it now feels right for a new wave of interest,” he told me.
Chicago alders request hearing on promotional campaign featuring Mayor Johnson
A group of Chicago alders is raising concerns with a "World Business Chicago" campaign featuring Mayor Brandon Johnson. Many have said the promotions look like campaign ads.
Why Warriors star Draymond Green has mixed feelings on wild Daejon Love scandal
Warriors star forward Draymond Green explained on "The Draymond Green Show" why he had 'all the emotions' when it came to the Daejon Love scandal.
Ariana Grande cries during emotional farewell ahead of extended absence from public life
Ariana Grande cried on stage during her final ‘Eternal Sunshine’ concert, addressing fans in an emotional farewell ahead of an extended absence from public life: ‘Thank you for being by my side.’
August Monthly Review: ChatGPT In Epic
Death, taxes, another frontier lab healthcare launch inspiring truly insane LinkedIn takes. As much as I want to stay away, I repeatedly am the crewman unplugging his ears whenever we pass these sirens. So it’s not the first and probably not the last time we dial up the typewriter rather than tie ourselves to the mast. The full blow-by-blow timeline: Health API Guy is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Subscribe The End of the Standalone PHR (Jan 8): ChatGPT Health arrives for consumers, at the time powered by b.well. I was bullish on the approach in that the best way for the PHR to finally solve distribution was to meet consumers were they already are (i.e. When Horizontal Meets Healthcare (Jan 9): OpenAI for Healthcare puts out the shingle for enterprises, with SharePoint ingestion standing in for the EHR integration the product actually needed. Another One: Anthropic’s Healthcare Debut (Jan 16): Claude's version, on HealthEx rails instead of b.well, with Agent Skills for FHIR development as the one true vertical-specific investment. ChatGPT for Clinicians: The Trap Sprung (Apr 24): OpenAI filled in the missing GTM middle with a free product for verified clinicians, effectively peeling the enterprise wrapper off ChatGPT for Healthcare and taking the PLG fight directly to OpenEvidence. OpenAI’s Second Attempt at Health (Jul 31): a relaunch of their patient specific app, now branded Health in ChatGPT, where the privacy partition came out, the connectors thinned, and b.well disappeared in favor of first-party FHIR work against a smaller network Beyond a Shingle So what was announced now? Today, we’re introducing a new electronic health record integration that brings authorized patient context from Epic into ChatGPT for Healthcare, along with the Healthcare Public Data plugin for direct, structured access to official healthcare datasets like PubMed, DailyMed, and CMS Coverage. Together, these capabilities bring ChatGPT closer to the systems and sources healthcare teams trust, while supporting the controls and compliance healthcare work requires. The core portfolio is unchanged from prior announcements we delineated and discussed (aside from the relaunch of patient-facing). Since trade publications still seem to be confusing them by using the wrong names: Enterprise sales motion: ChatGPT for Healthcare Protecting their core product / PLG: ChatGPT for Clinicians Consumer/patient-facing product: Health in ChatGPT So really, this is a feature release (specifically for ChatGPT for Healthcare when it comes to EHR integration). What’s cool about it, though, is that we are moving beyond just putting out a shingle. Everything in the January enterprise launch was horizontalizable: Horizontal tech companies thus generally start verticalization with their “putting out a shingle phase”. Telling the world you’re open for business as a horizontal tech company reliably attracts early inbound interest from buyers who are already trying to force-fit horizontal tools into domain-specific workflows and are eager for any signal that the vendor intends to support their use case more directly. Nothing was really vertical specific, which is exactly what you'd expect from the ultimate hypergrowth horizontal company dipping their toes into specific industries. But eventually you have to stop changing the sign on the door and start changing the product. Can you guess where the horizontal product was going to run out of road? This is the core dilemma writ large: verticalization requires differentiation, while scale economics of consumer and horizontal push toward unification. I’ve buried the lede so deep here it will be painful to some readers, but what should be shocking to no one is that my perspective is that EHR integration is the only path that meaningfully resolves this tension for ChatGPT for Healthcare. Integration with Microsoft Sharepoint is fine, but it is categorically insufficient for any product that hopes to influence clinical decision-making. SMART Money Well here we are, eight months later! Real vertical investment has begun, which surprised a few people. One friend in the industry messaged me: “Absolutely no way Epic gave ChatGPT API access.” Looking forensically at the announcements, the integration is notably read-only across appointment notes, laboratory results, medications, and specialist documentation. So while I’m not a betting man, I'd wager the house this is a SMART on FHIR launch: That sounds a lot like USCDI! The recommended path for the workflow they outline would be SMART on FHIR Their Health AI lead’s post is evocative of both standalone and EHR launch SMART, which another termed “ChartGPT” and “EHR Plugin” The implementation burden for SMART on FHIR is the lowest of the available integrative paths This is the team who literally did patient-facing SMART on FHIR with Epic last month Most importantly, if you’re a horizontal company, you generally still haven’t taken the full plunge and thus (overly) value reusability. SMART on FHIR is the logical compromise: healthcare-specific enough to matter, but standardized enough to reuse. Nobody Asked Judy Another friend asked “I thought they had to go to each health system, or did they go direct to Epic and now health systems opt in?” Given the trust paradigms in healthcare, this functionally cannot be Epic hoovering up all the data for OpenAI and shoving ChatGPT in their customers’ faces (or they would revolt). However, I do believe the aforementioned terrible coverage by TechCrunch and other outlets is probably responsible for that question, given the 325 million reference. When using FHIR as a business associate to an Epic customer, there is no EHR gatekeeping to speak of, as that isn’t how fhir.epic.com works: You register an app You pick your APIs You test against the sandbox APIs You list as “Ready for Production” Hospitals pick your app You test and go live with them Bluntly, nobody had to say yes or no in Verona (nor were they given the chance). Vendor Services (their next developer tier up that I doubt OpenAI is using quite yet in this initial release) certainly has contractual paperwork that some resent, but even there, the twin pressures of mounting antitrust and information blocking make outright gatekeeping increasingly fraught. My friend’s sentiment is, to me, representative of a broader industry neurosis, perhaps a sort of scar tissue of prior eras: people assume the gate is still there and never actually try the door. There are certainly other ways Epic (and any EHR) can put its thumb on the scale, but they are not so dumb as to stand in front of a federally mandated API and play bouncer at this exact moment in time. So I think they can and probably should go deeper, as this release is at best parity and at worst behind vertical-specific competition. OpenEvidence did a basic SMART launch with Sutter Health in February, allowing for more convenient evidence search by providers. They then add patient-context (the equivalent SMART on FHIR flow to what we see here) when Cedars-Sinai went enterprise-wide in May. UpToDate has four distinct applications across deeper workflows like patient engagement listed in Epic Showroom and announced a partnership with Epic to power Art at UGM Abridge and other ambient scribes have invested deeply into the deepest bidirectional clinical copilot workflow with integrations well beyond SMART on FHIR. In that light, the “Who is OpenAI primarily targeting here?” is clear. This release brings them into striking distance of OpenEvidence, but not the others quite yet. They are the only one of the three you can reach without building something truly Epic-specific. When will they go further? Competition is a great motivator to overcome the horizontal demons and start building things that can’t be reused: not across industries, not across EHRs, maybe not past the customer you built them for. That’s the price of actually verticalizing. The question is if and when OpenAI will be willing to pay it. Month in Review Here is the monthly review. As a reminder, this is a regular round-up of the month’s posts and other content to surface things you may have missed across regulation, litigation, interoperability, and beyond. AI assistance is used in these bullet summaries so I can focus on articles. Articles Published: None this month Video Content: The Information Exchange: Standards-based Thruple Edition (Aug 14): Back to school for us too, with Brad reporting in from the CMS Health Tech Ecosystem’s one year anniversary in DC. We get into the January CMS-0057 deadline, the fall rulemaking reading list, and why enrollment still keeps most apps off FHIR. The Information Exchange: Epic Dúnadan Edition (Aug 25): A UGM roundup with Ryan Brickner joining for the first time to check our takes against what the building actually thinks. Rangers, Ergo sitting on top of EHI, and a down-market lineup that needs some cuts. Regulatory: Stacked Deck, Bad Hand (Aug 05): ONC’s website refresh took the entire HIT Policy Committee record with it, so I rebuilt the archive and went looking for the regulatory capture story everyone assumes is buried in there. Stacking the deck and winning the hand turn out to be very different things. The Sixth Generation of Patient Access (Aug 19): A quick catalog of the five generations of patient access we’ve layered on since HIPAA, and the two candidates now competing to be the sixth. One is planned. The other is the market routing around the plan entirely. Court cases: Three Cases Walk Into a Docket (Aug 06): Two surprise settlements cleared the board in a single week, and then Judge Maddox dropped ninety-four pages on Vyne v. Henry Schein. The sleeper is a DMCA holding that makes direct-to-database a considerably riskier business model. Epic v. Health Gorilla: Into the MDL (Aug 10): Nine class actions are headed to Miami, and the Panel signaled it wants to bring the case that spawned them along too. That would leave Epic arguing the requests were obviously fraudulent in one courtroom and unknowable in the other. Amazon v. Perplexity: Agents Are Legalized! (Aug 11): The Ninth Circuit vacated the injunction against Comet, holding that the user is the one accessing the servers rather than the company that built the agent. A real win for agentic access, and a much narrower one than the headline suggests. Veeva v. Epic: Come At Me, Bro (Aug 26): Epic’s response brief wants the dismissal affirmed and, unusually, wants the opinion published as precedent. Buried in it is Epic’s own description of what its non-competes actually prohibit, which current and former employees should read closely. EHRs: The Contract Epic Would Never Sign Today (Aug 04): A 1999 SEC exhibit catches Epic licensing nearly its entire product line, Tapestry included, to the company that became TriZetto. The marketing services menu attached to it is the part that will make you blink. Forecast from Verona (Aug 07): The Epic Almanac makes one argument six different ways: the AI is only as good as the networks behind it. Emmie headlines, Art’s context stack is the most ambitious part, and Penny finally gets an autonomous coding date on the calendar. Works With Epic MyChart (Aug 17): Epic’s first new Showroom category since the death of Workshop certifies hardware instead of software, badge on the box and all. Made for iPhone, but for blood pressure cuffs, and rough news for anyone selling the RPM stack sitting in between. UGM Hot Takes 2026 (Aug 20): Everyone else covered the AI announcements, so I went after Savvy deleting the payment gateway, Rangers as Boost with the timer removed, and a down-market lineup with too many entries. Plus the Health Grid tidbits I cannot help myself on. MyChart Central Grows Up (Aug 24): Device data and Emmie turn Epic’s identity hub into a full consumer platform, which is both a logical answer to ChatGPT and a bit of a mistake. It also happens to be the best scraping target Epic has ever shipped. Industry Analysis: The Wrong Yardstick (Aug 12): Vertical software keeps getting judged against Superhuman and Notion, which is the wrong bar entirely. Your user is comparing your product to a whiteboard and forty phone calls before lunch. Primitives vs. Abstractions (Aug 27): Developers want building blocks, systems of record prefer to hand out business logic, and both sides have a real case. There’s no test from the outside that separates the engineering reason from the competitive one, which is why this keeps ending up in court. Cross-industry Comparisons: The Two Kinds of Platform Power (Aug 18): Attention power and record power are different problems that keep getting handed the same regulatory toolkit. Congress’s latest swing at Big Tech shows both what’s possible and where it falls apart. The Dogs of (Platform) War (Aug 21): A CourtListener alert turned up a property management fight with healthcare’s exact shape and none of the Cures Act. Shell prospects, ghost accounts, a notetaker bot that came back to haunt someone, and a lawyer arguing both sides of the same theory in two states. Fractals All the Way Down (Aug 31): Yardi dominates property management right up until you zoom into one segment, where AppFolio owns it outright and Yardi doesn’t appear at all. Where you draw the line around a B2B software market is about to decide an awful lot of cases. Other News: If Judy Had the Courage (Aug 13): A short eulogy for the era when software was allowed to look insane: WinAMP, bold colors, and everything the grey chatbot era has taken from us. External Media: Portland Monthly Health Tech Meetup: Erin O’Brien channeled my own feelings - maybe it’s just because it’s August and beautiful, but the monthly edition of the PDX Health community meetup was a ripper. Make sure to reach out if interested to join for the next one. STAT’s Coverage of Epic This Month: Brittany Trang of STAT did a fantastic job of breaking the FTC investigation that’s been lurking, as well as UGM related coverage, so I had to give her her wish of a meme. Fall Conferences: I’m pumped to be kicking off my fall conference season in NYC at Nabla Accelerate next month, which Chrissy provided the link to apply for. Here’s the rest of my schedule in case you want to meet up: Commonwell (Redwood Shores, CA): Oct 13-14 Open@Epic (Madison, WI): Oct 21-22 eHealthExchange (Austin, TX): Oct 27 Sequoia Project (Austin, TX): Oct 28-29 HLTH (Vegas): Nov 15-18 RSNA (Chicago): Nov 29-Dec 3 Posts I Liked: HTI-6 Should Unbundle API Certification: Josh Mandel makes the case that HTI-6 should split (g)(10) into separate authorization and data certifications, so a PACS or a genomics platform can certify only the role it actually performs. Imaging is the urgent example, but the structure solves a much bigger problem. On implementing ePrior Auth with Epic: Scott Rossignol’s field notes from a live ePrior Auth build on Epic, including the two app registrations nobody warns you about and the CPT mapping problem waiting at the end. CMS-0057 implementations are going to be such a beast. Healthcare point solutions are starting to look a lot like streaming services: Spencer Dorn runs the cable-to-streaming arc against health IT and lands squarely on the bundling half of the cycle. Bundling can be good! It can also be bad! Life is nuanced. Health API Guy is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Subscribe
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