A generic Reglan mass tort plaintiff has urged the U.S. Supreme Court to reject Teva Inc. and Pliva Inc.’s petition to overturn a Pennsylvania court’s holding that plaintiffs’ claims weren’t preempted by federal law, arguing there was no final judgment to be appealed.
A California state jury found in favor of Ford Motor Co. in a suit seeking $18 million that alleged that the defective rear structure of a Ford Taurus caused a 13-year-old boy’s brain damage in a car accident in 2000.
Relatives of hundreds killed by a Colombian paramilitary group have again urged the U.S. Supreme Court to review a decision tossing their multidistrict litigation against Chiquita Brands International Inc., arguing that a recent Eleventh Circuit ruling showed there is a circuit split regarding the application of the Alien Tort Statute.
Massachusetts' highest court on Friday upheld a $63 million jury verdict against Johnson & Johnson for allegedly inadequate warnings about the health risks posed by its fever and pain drug Children's Motrin, finding that the Supreme Court's landmark Levine decision did not preempt the plaintiffs' claims.
Endo International PLC on Friday told the West Virginia federal judge overseeing the multidistrict litigation over Endo’s American Medical Systems Inc. subsidiary's allegedly harmful vaginal mesh products that it had reached settlements with more than 350 plaintiffs.
A Pennsylvania appeals court on Friday affirmed $4.8 million in damages verdicts for two women who had filed suit over their husbands’ development of mesothelioma after long-term exposure to asbestos, finding the plaintiffs hadn’t cashed in twice for the same damages.
The U.S. Food and Drug Administration can reduce the odds of a sweeping court decision that shields drugmaker promotion if it takes modest steps to relax restrictions on commercial speech about off-label uses, the general counsel for trade group Pharmaceutical Research and Manufacturers of America tells Law360.
Pfizer Inc. notched a victory Friday in the first trial over the alleged birth defect risks of its blockbuster antidepressant drug Zoloft, when a state jury in St. Louis shot down claims by a woman who had argued that taking the medication during her pregnancy caused her son's heart problems.
The Third Circuit's ruling against a Wal-Mart Inc. shareholder that tried to force the retail giant's board to tighten oversight on sales of firearms and other potentially offensive products struck down activist shareholders' hopes that a precedential decision was on the horizon concerning what could be considered "ordinary business activity." Here, Law360 looks at three takeaways from the Third Circuit's decision.
A Mississippi federal judge tossed a wrongful death suit against a tribal casino Friday, saying federal courts lacked jurisdiction because the Choctaw tribe and its casino were not citizens of any state.
A year after the Federal Trade Commission fined supplement maker TriVita Inc. $3.5 million for making unsupported health claims about its Nopalea cactus juice drink, a federal appeals court on Friday also refused to give the company a trademark registration on the juice name.
Eli Lily Pharmaceutal Co. persuaded a Texas federal court Thursday to throw out a proposed class action by a woman claiming its antidepressant Cymbalta caused withdrawal symptoms that she said the drugmaker did not sufficiently warn about.
The Supreme Court of Canada on Friday granted an appeal to pharmaceutical company Theratechnologies Inc., halting class action proceedings against the drug manufacturer and individual defendants accusing them of misleading investors about the side effects of a new drug aimed at reducing excess abdominal fat in HIV patients.
General Motors Co. and the U.S. Treasury told a D.C. federal court Thursday a private watchdog group’s Freedom of Information Act suit seeking emails on the government’s 2009 bailout negotiations with automakers must be shut down, saying allegedly damning new information on the negotiations produced by the group is tangential and adds nothing to their argument.
The Procter & Gamble Manufacturing Co. has asked the U.S. Supreme Court not to hear two multidistrict litigation plaintiffs’ claim that they should have been allowed to introduce scientific evidence to support allegations that high levels of zinc in the company’s Fixodent denture cream have caused neurological impairment.
U.S. Agriculture Secretary Tom Vilsack said Thursday that Congress will have to act if a controversial set of U.S. meat labeling laws is again defeated at the World Trade Organization, making clear that his agency is not in a position to make any more changes at an administrative level.
FCA US LLC, formerly Chrysler Group LLC, asked an Arkansas federal judge on Thursday to dismiss a proposed alternator defect class action against it, arguing the lead plaintiff hasn’t alleged she spent any money to fix the alternator in her Dodge Charger and, as a result, she cannot prove she suffered any damages.
In upholding General Motors Co.'s shield blocking suits over actions that occurred before the auto giant's 2009 collapse, a New York bankruptcy judge may have precluded plaintiffs in litigation over the carmaker's deadly ignition switch defect from arguing a continuing pattern of deception, an argument they need to put New GM on the hook for hefty punitive damages.
The Fifth Circuit recently freed Pliva Inc. and other generic-drug makers from claims that their off-label promotion of a generic heartburn drug to treat morning sickness was "dangerous" and led to birth defects. Attorneys say that even though the ruling isn't precedential, it outlines an effective litigation strategy for generic companies that have lately had to field more claims over their marketing.
A Louisiana federal judge overseeing the Deepwater Horizon oil spill multidistrict litigation found Thursday that certain underwriters at Lloyd's of London and various insurance companies have satisfied their obligations under excess policies providing $150 million in coverage to Transocean Ltd.
The Eastern District of Virginia ― known as the “Rocket Docket” ― had the fastest trial docket in the country in 2014, for the seventh year in a row. The median time interval to trial was 12.5 months. That’s compared to a nationwide average of 24.9 months to try a case, says Robert Tata, managing partner of Hunton & Williams LLP's Norfolk, Virginia, office.
The California Department of Justice's recent letter campaign targeting retailers and manufacturers centers around the Transparency in Supply Chains Act. This is California's first step in enforcing the law and we have reason to believe over 100 companies were targeted, say Stephanie Sheridan and Meegan Brooks of Sedgwick LLP.
With all eyes on the Second Circuit this Monday when oral arguments begin in the appeal of Judge Lewis Kaplan's decision in Chevron Corp.'s RICO case against Steven Donziger and two of his clients from the Ecuadorian rainforest, the plaintiffs attorney for the first time offers his view, in detail, of the decades-long, multibillion-dollar Lago Agrio oil field pollution case.
If we were developing a system to determine legal fees from a clean slate, we would price our professional services according to quality, efficiency and results — tasks and team would be agreed upon. Instead, we have an hourly system that discourages tight management, can lead to padded bills and includes time for work that may not have been necessary, says Gerald Knapton of Ropers Majeski Kohn & Bentley PC.
Although recent decisions involving Nordstrom Inc. and Neiman Marcus Group Ltd. LLC held that outlet “compare at” prices do not deceptively suggest that an item was originally sold at the retailers' full-priced stores, actions involving inflated manufacturer's suggested retail price, or “original” prices, show that retailers may still be liable for exaggerating any discounts they offer, say Stephanie Sheridan and Meegan Brooks of Sedgwick LLP.
Proposed amendments to Proposition 65 may impose additional chemical warning requirements for companies that do business in California. Detailed warnings also may be required for a growing number of companies based in Texas, including those in the business of petroleum products, gasoline service stations, vehicle repair facilities, diesel engines, raw wood and alcoholic beverages, say David Baay and Maryann Zaki of Sutherland Asbil... (continued)
Avoid using “no comment” in response to a question or statement from reporters. Some reporters, particularly TV news reporters, are simply trying to elicit a reaction for a quick visual and aren’t particularly concerned with the actual answer, says Jolie Balido, president of marketing communications firm Roar Media.
Sixty-eight percent of legal technology professionals expect their organizations’ investments in legal data analytics to increase over the next two years. That is just one of the results of a recent survey of more than 125 legal professionals, say Laurie Fischer and Nathalie Hofman of Huron Legal.
Despite similarities in the findings of environmental analyses by New York and California, the two states ultimately adopted very different approaches to regulating hydraulic fracturing — the former chose a restrictive approach, banning the practice within its boundaries, while the latter chose a pragmatic way that allows fracking subject to certain restrictions, say attorneys at Morgan Lewis & Bockius LLP.
In order to gain a competitive advantage and increase market share, some cosmetics companies have made or advertised their products as being both a cosmetic and a drug — a cosmeceutical. However, subjective and objective claims about such products may come under scrutiny from the U.S. Food and Drug Administration as it does not recognize this classification, say David Hoffmeister and Charles Andres of Wilson Sonsini Goodrich & Rosati PC.