Tucker Ellis

1. Actavis Failure-To-Warn Suit Not Preempted: Judge

Tuesday, Feb 23, 2010

A court has ruled that federal law does not preempt state failure-to-warn claims against Actavis Inc. over allegedly negligent labeling, shutting down the generic-drug maker's attempt to toss the suit.

2. Digitek Defendants Seek to Block Class Cert.

Monday, Feb 22, 2010

Pharmaceutical company defendants in multidistrict product liability litigation over the recalled heart medication Digitek are asking a federal court to nix the plaintiffs' bid for class certification, saying the named plaintiffs' claims are hardly typical of all members of the proposed class.

3. Digitek Plaintiffs Win Bid For Actavis Audit Docs

Thursday, Feb 11, 2010

In multidistrict product liability litigation over the recalled heart medication Digitek, a magistrate judge has approved the plaintiffs' bid to force Actavis Inc. to turn over documents and testimony related to the firm's good manufacturing practices compliance audits.

4. Ortho Evra Plaintiffs Challenge Limited MD Contact

Monday, Feb 08, 2010

The plaintiffs in multidistrict litigation over Johnson & Johnson's popular birth control patch Ortho Evra are asking a federal court to reconsider limits the court placed on contact with their physicians.

5. Court Limits Atty Contact With MDs In Ortho Evra MDL

Friday, Jan 22, 2010

A federal court has agreed to limit the contact plaintiffs' attorneys can have with physicians involved in the Ortho Evra liability multidistrict litigation out of concern the lawyers could push their theories onto doctors.

6. Consumers Push For Class Status In Digitek MDL

Friday, Jan 22, 2010

Consumer plaintiffs in the multidistrict product liability litigation over heart medication Digitek are seeking to certify a class for economic losses, claiming that without certification millions of consumers will be left with no remedy for harm they suffered in the wake of the drug's recall.

7. Law Firms Open Their Wallets For Haiti

Friday, Jan 15, 2010

As the world scrambles to come to Haiti's aid in the wake of Tuesday's devastating earthquake, law firms are stepping up in both traditional and novel ways. Over 80 firms responded to a Law360 query into what they are doing financially and otherwise to respond to the Haitian crisis.

8. Law360 Competition Editorial Advisory Board

Wednesday, Jan 13, 2010

Law360 is pleased to announce the formation of its 2010 competition editorial advisory board.

9. 5th Circ. Rejects Generic Preemption Argument

Friday, Jan 08, 2010

A federal appeals court has ruled that the federal regulatory approval process does not protect makers of generic drugs from lawsuits under state failure-to-warn laws, affirming a lower court ruling against generic pharmaceutical company Actavis Inc.

10. Parker Hannifin Wins $6.5M In Fuel Filter IP Suit

Thursday, Dec 17, 2009

A federal jury has awarded Parker Hannifin Corp. more than $6.5 million in consolidated litigation brought by the industrial equipment maker against Champion Laboratories Inc. and Wix Filtration Corp. over a fuel filter patent.

11. Law360 Ranks Firms With Most Female Partners

Friday, Dec 11, 2009

McDonough Holland & Allen PC, Davis Graham & Stubbs LLP and Hanson Bridgett LLP came out on top in Law360's ranking of firms with the highest concentration of female partners.

12. Law360 Ranks Largest Insurance Practices

Friday, Dec 04, 2009

Marshall Dennehey, Clausen Miller PC and Cozen O'Connor topped the Law360 Insurance 100 this year, boasting the largest insurance practices in the United States, measured by the number of practicing lawyers.

13. Law360 Ranks Largest Product Liability Practices

Friday, Dec 04, 2009

Shook Hardy LLP, Nelson Mullins LLP and Dinsmore Shohl LLP topped the Law360 Product Liability 100 this year, boasting the largest product liability practices in the United States, measured by the number of practicing lawyers.

14. Product Liability Attorneys Dominate At Bowman Brooke

Friday, Dec 04, 2009

With nearly 98 percent of its attorneys devoted to product liability work, Bowman & Brooke LLP has the heaviest concentration of product liability lawyers of any firm with 100 or more lawyers, according to Law360's 2009 practice area survey.

15. Generics Failure-To-Warn Case Enters Oral Arguments

Monday, Oct 19, 2009

The U.S. Court of Appeals for the Eighth Circuit is set to hear oral arguments Tuesday in a case that will decide whether failure-to-warn product liability claims against generic-drug manufacturers are preempted by federal law.

16. Novelis Transfer Infringed Software License: 6th Circ.

Friday, Sep 25, 2009

A federal appeals court ruled Friday that Novelis Corp. was liable for copyright infringement for transferring a Cincom Systems Inc. software license through a corporate restructuring, clarifying what happens to intellectual property licenses when companies are merged out of existence.

17. Digitek Plaintiffs Must Produce Info

Thursday, Aug 27, 2009

A federal judge has ordered plaintiffs in the multidistrict product liability litigation over the heart medication Digitek to hand over information relating to whether the individual in each identified case had sufficient evidentiary support to justify filing a claim.

18. Judge Upholds Expanded Discovery In Digitek Case

Monday, Aug 10, 2009

A district judge has upheld a magistrate judge's order expanding discovery in a multidistrict product liability case accusing Actavis of selling a defective or adulterated heart medication, overruling Actavis' objection that the magistrate judge allowed plaintiffs overly broad discovery.

19. Digitek MDL Claims Survive Motions To Dimiss

Monday, Aug 03, 2009

A judge denied several motions Monday from defendants to dismiss claims in multidistrict litigation over alleged problems in the manufacture of Actavis Totowa LLC's heart disease drug Digitek.

20. Digitek Judge Allows Contact With Actavis Workers

Thursday, Jul 23, 2009

A federal judge will allow attorneys to have ex parte contact with Actavis Group employees in the multidistrict litigation accusing Actavis of selling a defective or adulterated heart medication.