The Eleventh Circuit has affirmed a $2.1 million jury verdict in favor of a patient who won the first bellwether trial against Wright Medical Technology over its allegedly defective metal hip implants, supporting the trial judge's decision to order the confused jury to conduct further deliberations.
The Ninth Circuit refused Tuesday to disturb California appellate precedent establishing that an excess insurance carrier must either approve a policyholder's settlement of a covered claim or assume the insured's defense if it wishes to avoid litigation, giving policyholders more leverage to secure reluctant excess insurers' participation in settlement talks.
The Florida Senate took a step Wednesday toward formulating a plan for implementing a constitutional amendment legalizing medical marijuana that passed in November, with treatment center licenses, consumption methods and qualifying conditions coming up as major issues as the Health Policy Committee reviewed multiple proposals.
U.S. drugmaker Eli Lilly has decried a recent ruling dismissing its claims brought under the North American Free Trade Agreement over Canada's controversial "promise utility doctrine" requiring patent holders to show that an invention measures up to its promised result, comments that were echoed this week by two U.S. industry groups.
A U.K. judge on Tuesday ruled that a Merck Sharp & Dohme Corp. document extending a patent on the HIV drug Atripla is invalid, in a win for generics makers Teva Pharmaceutical Industries Ltd., Mylan NV and Accord Healthcare, which challenged it.
Purdue Pharma LP on Monday urged a Washington federal court to dismiss a Washington city’s lawsuit accusing the OxyContin manufacturer of allowing opioids to get in the wrong hands and hoping to recoup the costs of fighting addiction, saying the city can't hold it responsible for preventing illegal operations that were already known to local authorities.
Former Major League Baseball player Doug DeCinces urged a California federal judge to allow him to present investigation notes, including ones from an interview with the government’s chief witness, to show "biased and sloppy investigative work by law enforcement agents" as DeCinces fights insider trading charges that he received nonpublic merger tips about a friend’s medical device company.
Intelligender LLC will have to pay $250,000 in penalties to California after a state court judge found the company had falsely advertised its gender prediction test as being scientific and accurate, the San Diego City Attorney said Tuesday.
An Allergan PLC unit asked a New York federal judge to deny drug wholesalers’ bid for a win on a federal antitrust claim in their lawsuit over the Alzheimer’s treatment Namenda, arguing Tuesday that findings from a previously litigated case have nothing to do with the matter at hand.
Abbott Laboratories must again face a GlaxoSmithKline suit claiming a price increase violated its license allowing GSK to use an HIV drug, a North Carolina federal court has ruled, finding North Carolina law governs the unfair competition claims and that GSK has sufficiently substantiated those allegations.
A Liechtenstein-based medical technology company looking to enforce an arbitral award against the Czech Republic worth at least $325 million told a D.C. federal court Tuesday that the nation is wrong to characterize a 2014 panel decision as nullifying the award, urging the court to keep its claim alive.
Canadian biotech Aurinia Pharmaceuticals Inc. said Monday it closed a $173 million follow-on offering to help fund its top drug candidate treating lupus, a deal guided by four law firms.
The U.S. Food and Drug Administration on Tuesday said that it’s received reports of nine deaths and about 360 cases of a rare type of blood cancer linked to breast implants, siding with the World Health Organization’s finding that the disease can develop after implantation.
The founder of medical marijuana dispenser Medbox Inc. agreed to pay $12.3 million to end the U.S. Securities and Exchange Commission’s allegations that he used sham transactions with a shell company run by his fiancée to fraudulently inflate Medbox’s revenues, according to a deal filed in California federal court Tuesday.
The Third Circuit Wednesday revived a class action suit claiming Merck failed to warn patients about the risk of its osteoporosis drug Fosamax causing irregular hip fractures, saying the drugmaker must prove to a jury federal regulators blocked the warning.
A hospital that indirectly purchased a generic of the blood clot drug Lovenox can request declaratory relief in a proposed class action accusing Momenta Pharmaceuticals Inc. and Sandoz Inc. of conspiring to monopolize the drug’s market, but can’t seek damages, a Tennessee federal judge said Tuesday.
Activist hedge fund Sarissa Capital hit biotech licensing firm Innoviva with a suit in Delaware's Chancery Court on Tuesday, accusing the company's management of cashing out at shareholders' expense and demanding to see its books ahead of a board showdown in April.
A Pennsylvania federal jury on Wednesday convicted a drug refund company, its CEO and its chief financial officer on charges that they stole $116 million worth of refunds from pharmaceutical manufacturers and then obstructed a subsequent investigation into the scheme.
A proposed class of Arrowhead Research Corp. investors has urged the Ninth Circuit to revive claims that the company overstated hepatitis B vaccine trial results, saying scientific papers containing the truth about the drug's dosage do not excuse subsequent misstatements by the company.
Our civil justice system corrects civil wrongs with a measure of monetary compensation, and often times monetary punishment damages, but this is not the driving force behind a typical plaintiffs attorney. It’s the cause that drives the plaintiffs bar, says Dee Miles of Beasley Allen Crow Methvin Portis & Miles PC.
The U.S. Department of Health and Human Services' recent revisions to the “Common Rule” aim to reduce administrative and regulatory burden on the informed consent process. However, the revised rule will simply add to or shift such burden to other individuals and entities, say Lisa Rooney and Scott Lipkin of FTI Consulting.
The U.S. Supreme Court is expected to hold that the patent exhaustion doctrine bars patent owners from using patent law to enforce post-sale restrictions. While this ruling would have consequences, the concerns raised by Lexmark and amici may be somewhat overblown. The briefing and Tuesday's oral arguments were long on policy but short on concrete examples, say Charlie Steenburg and Ethan Marks of Wolf Greenfield & Sacks PC.
Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.
Under Trump's administration, the 21st Century Cures Act will continue to face scrutiny. Some may argue that the act's patient experience data provisions are unnecessary or ineffective due to their limited application and expansive required government resources, say Jamie Kendall and Alexandra Schulz of The Kendall Law Firm PC.
Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.
What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)
There appears to be a greater willingness among pharmaceutical companies to wade through the still relatively untested post-grant review process when compared with their initial hesitation regarding the initiation of inter partes review proceedings, say Kevin Chrustowski of TK Holdings Inc. and Donald Prather of Meunier Carlin & Curfman LLC.
Most directors and officers insurance policies have conduct exclusions precluding coverage for fraudulent, criminal or willful misconduct, but mere allegations are insufficient to trigger this exclusion. A California state appeals court's recent decision in Heart Tronics v. Axis Insurance provides interesting insight into the operation of such an exclusion, says Kevin LaCroix of RT ProExec.
The polarized reaction to H.R. 985 indicates that class action and multidistrict cases are in trouble. It was a good idea to revise Rule 23 of the Federal Rules of Civil Procedure and to create the Judicial Panel on Multidistrict Litigation in the 1960s, but now these mechanisms are exceeding their limits and should be reined in, says Alexander Dahl of Brownstein Hyatt Farber Schreck LLP.
A number of Federal Circuit decisions have focused on some of the disputed issues highlighted in Apple v. Samsung. The court seems to be grappling with five questions, the resolutions of which have the potential to significantly impact the application of the nonobviousness principle in patent law, say Thomas King and Pranay Pattani of Haynes and Boone LLP.