A whistleblower urged the Ninth Circuit on Tuesday to revive allegations that Merck and two other drugmakers violated the False Claims Act by offering doctors kickbacks to prescribe their blood-thinning drugs, arguing his suit alleged new, nonpublic details about the purported kickbacks, which included lavish meals and trips to Hawaii.
Bio-Rad Laboratories Inc. on Monday asked the Ninth Circuit to overturn an $8 million whistleblower verdict against the company, saying a properly informed and instructed jury would never have found it fired its general counsel for reporting alleged Foreign Corrupt Practices Act violations.
A month after a Pennsylvania federal judge refused to throw out antitrust claims brought by more than 40 states accusing U.K.-based Indivior Inc. of delaying the introduction of generics of its opioid addiction treatment Suboxone, he let its former sister company Reckitt Benckiser Healthcare escape the litigation Tuesday.
A Johnson & Johnson user's attempt to prove the company's talcum powder is contaminated with asbestos will hinge on her ability to trace the talc she used from mine to mesothelioma, as a retrial starting this week will divert from the link between the powder and ovarian cancer to questions of whether J&J's talc came from quarries containing asbestos.
The Tenth Circuit found Tuesday that a U.S. Securities and Exchange Commission announcement of an investigation is not an allegation or request for relief, and thus doesn't trigger coverage under a sports nutrition company’s policy with Liberty Insurance Underwriters Inc., even though the client shelled out $3 million responding to the probe.
Sen. Claire McCaskill on Monday pushed to repeal a law that made it harder for the U.S. Drug Enforcement Administration to crack down on misbehaving opioid distributors, saying the law championed by President Donald Trump’s since-withdrawn pick for drug czar was misleading and harmful.
President Donald Trump on Tuesday said his pick to lead the Office of National Drug Control Policy has backed out of the position, two days after media reports revealed the congressman had pushed legislation gutting the U.S. Drug Enforcement Administration's ability to target misbehaving opioid distributors.
End-payor and direct purchasers' bids for class certification were granted in Massachusetts federal court Monday in the pay-for-delay litigation against drugmakers Medicis Pharmaceutical Corp. and Impax Laboratories Inc. over the generic version of Medicis’ acne medication Solodyn.
Neutrogena customers urged a California federal judge Monday to certify a class of consumers who allege they were misled by a “naturally sourced” label on Pure & Free sunscreen products, while the company countered that a survey supporting the customers' motion “violates every rule in the book.”
Jury selection began Monday in the Brooklyn federal trial of former Katten Muchin Rosenman LLP attorney Evan Greebel, accused of conspiring with "pharma-bro" Martin Shkreli to defraud the pharmaceutical company Retrophin Inc., three days after the judge shot down a defense motion to dismiss one of the conspiracy counts.
The maker of dietary supplement Prevagen asked a California federal judge Monday to deny certification to a proposed multistate class of consumers who say the company falsely advertised the cognitive benefits of a jellyfish protein in a drug it markets as a memory booster.
Government scientists testifying in the final days of a murder trial for a former pharmacist at the center of a deadly meningitis outbreak on Monday described surprise at the extent of the fungal contamination and patients’ infections.
Johnson & Johnson has won a round in its bid to move a product liability case involving its now-infamous talcum powder products out of St. Louis city court and into county court, as the Missouri Supreme Court preliminarily granted the company’s request to overturn a lower court’s order that blocked the move, pausing the proceedings in the meantime.
Parents who bought antidepressants for their children urged a Massachusetts federal court on Friday to keep alive multidistrict litigation alleging Forest Laboratories LLC fraudulently promoted Celexa and Lexapro to treat pediatric depression, saying the FDA's finding that one treatment study was promising doesn't rule out other, contradictory evidence.
A federal judge ruled Monday that claims in several patents covering Allergan PLC’s dry-eye drug Restasis are invalid, dealing a blow to the drugmaker just weeks after it transferred the patents to a Native American tribe in an effort to shield them from review at the Patent Trial and Appeal Board.
Fresenius Medical Care can’t scrap parts of the federal government’s complaint in a False Claims Act suit over allegedly unnecessary hepatitis B tests billed to Medicare, a Massachusetts federal magistrate judge said Friday, rejecting arguments that the government can’t add claims that weren’t in the whistleblower’s original filing.
Johnson & Johnson doesn’t need to be named as a party in patent infringement litigation regarding subsidiary Janssen Biotech Inc.’s blockbuster biologic Remicade, as Janssen has full patent ownership rights, the unit told a Massachusetts federal court Monday.
PharMerica Inc. and two whistleblowers accusing the company of accepting kickbacks from drugmaker Organon USA Inc. on Friday sparred in Massachusetts federal court over whether the relators are eligible to bring a False Claims Act lawsuit, as the company claims they didn't get their information firsthand.
Counsel for a class of consumers that reached a $6.75 million agreement with Johnson & Johnson to end claims over allegedly misleading labeling on Aveeno personal care products on Friday urged a New York federal court to allocate $2.25 million of the settlement fund to attorneys’ fees and expenses.
Generic-drug makers told a Texas federal court Friday that Allergan’s transfer of patents for the dry-eye treatment Restasis to a Native American tribe in a bid to escape Patent Trial and Appeal Board review is a “sham” and “pure hypocrisy,” while Allergan argued the deal is a valid transaction.
Federal courts across the country are handing down important rulings interpreting the U.S. Supreme Court’s landmark decision on False Claims Act liability in Universal Health Services v. Escobar. As the rulings keep pouring in, stay up to speed on Law360’s latest coverage and analysis of Escobar’s impact.
The new book "The Judge: 26 Machiavellian Lessons" is a lively tour of colorful incidents and personalities that have populated the U.S. Supreme Court for the past 23 decades. Do authors Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of their examples are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.
Even though four of Allergan’s patents were invalidated in the Eastern District of Texas on Monday, the inter partes reviews will likely continue. While the Saint Regis Mohawk Tribe's sovereign-immunity motion may succeed at the Patent Trial and Appeal Board, Congress can — and should — render this whole debate moot, says Joshua Landau, patent counsel at the Computer and Communications Industry Association.
A Texas federal court recently struck down the temporary anti-inversion regulation charged with preventing the planned merger between Pfizer and Allergan as well as other cross-border transactions. The decision may have significant procedural implications, but there may be little practical import for this specific regulation, say attorneys with Eversheds Sutherland.
In the 20 years since the U.S. Supreme Court endorsed the sham affidavit doctrine — precluding creation of “genuine” factual issues by witnesses contradicting their own previous testimony — it has been important in many medical product liability cases, and practitioners should be aware of significant examples, says James Beck of Reed Smith LLP.
On Sunday, the results of a six-month joint investigation by "60 Minutes" and The Washington Post concluded that "the drug industry, with the help of Congress, turned the opioid epidemic into a full blown crisis." In the coming months, insurers and pharmacy benefit managers are expected to undertake new and innovative efforts to control and disincentivize the use and prescription of opioids, says Adam Fleischer of BatesCarey LLP.
Financial Crisis Anniversary
After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.
Last month, the U.S. Food and Drug Administration issued final guidance concerning the safety of interoperable medical devices. Complying with the guidance will help satisfy the FDA that a manufacturer has accounted for appropriate risk and safety factors, and may help defend against product liability claims, say attorneys with Morrison & Foerster LLP.
While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.
The Federal Circuit heard arguments last week in Amgen v. Apotex, a case that has the potential to shape Biologics Price Competition and Innovation Act litigation and factor into a biosimilar manufacturer’s decision to engage in the patent dance, say Tasha Francis and Jenny Shmuel of Fish & Richardson PC.
Last week's trademark settlement between adhesives company Gorilla Glue and cannabis company GG Strains is the latest in a string of settlements that show there is marketplace precedent but no reliable legal precedent for cannabis brands registering and enforcing their own trademarks, say Thomas McMahon and Lauren Estevez of Margolin & Lawrence.