A toxicology expert who has repeatedly testified for women alleging they developed ovarian cancer after using Johnson & Johnson’s talcum powder products on Tuesday explained her methodology to the California judge overseeing the state’s first talc trial.
A California federal judge Tuesday shot down a sanctions motion by drugmaker Collidion alleging rival Sonoma Pharmaceuticals relied on a forged letter to bring its trade secret suit, saying the motion was filed too early and that other evidence suggests the allegations in the disputed document are accurate.
A Colorado credit union hit another obstacle Tuesday in its quest to provide banking services to the state's legal marijuana industry as the Tenth Circuit declined to revive the financial institution's suit challenging the denial of its application for a master account at the Federal Reserve Bank of Kansas City.
The Federal Circuit on Tuesday vacated and sent back to the Patent Trial and Appeal Board a decision to invalidate a patent that advanced noninvasive prenatal testing for genetic conditions such as Down syndrome.
The U.S. Food and Drug Administration's recently confirmed leader on Tuesday took fresh actions to jump-start approvals of lower-cost generics, making good on promises to focus the agency's mission more aggressively on drug prices.
Jury selection dragged on for a second day in the securities fraud trial of former pharmaceutical executive Martin Shkreli without any jurors making it to the final panel, while Shkreli's lead attorney moved for a mistrial, saying on Tuesday that a barrage of negative press coverage left the jury selection process "irreparably tainted."
An investor who sought to lead a class action against contraception patch company Agile Therapeutics Inc. has dropped his securities fraud suit filed after the company's stock plummeted, according to an agreement filed in New Jersey federal court on Monday.
In Neil Gorsuch, Clarence Thomas seems to have found a U.S. Supreme Court justice after his own heart. The court’s newest member and its most silent one cast identical votes in case after case this year, at times taking positions deemed more conservative than those of their fellow Republican appointees on the court.
The U.S. Food and Drug Administration chewed out a New Jersey company for the levels of potentially toxic belladonna in its recalled homeopathic teething products, scolded a Texas pharmacy chain for its sterility practices and found unapproved ingredients listed on the labels of workout supplements, according to newly released documents.
“Concurring opinion” can feel like a misnomer when a justice departs from — or downright slams — the reasoning of the majority. Here are the opinions from the latest U.S. Supreme Court term in which the biggest divisions bore the label of agreement.
While there were fewer dissents coming from the U.S. Supreme Court during its October 2016 term than in years past, justices still managed to come up with creative disses and blistering attacks when they were on the losing side. Here, Law360 highlights the term’s top dissents.
Bristol-Myers Squibb and Sanofi have escaped a whistleblower False Claims Act suit accusing them of prompting Medicaid overbilling through deceptive marketing of the blood thinner Plavix, after a New Jersey federal judge ruled Tuesday that automatic payment requirements made any implied certifications regarding the drug’s effectiveness immaterial to payment.
A California woman who launched a proposed class action against Vitamin Shoppe Inc. last month has dropped her claims that the company sold ineffective weight loss supplements that were misleadingly labeled, her lawyers said Monday.
Sprint may be joining a partnership between Comcast and Charter to boost their wireless offerings, Bain Capital and Cinven may make another bid to buy Stada after the duo's €5.3 billion offer did not get approved, and Russia's largest shipping company will be taken private next month.
Medical equipment maker Lincare will pay $20 million to settle whistleblowers’ allegations that it fraudulently billed government programs for its products and services.
Two former Ariad Pharmaceuticals Inc. employees and the husband of an employee were sued this week by securities regulators for allegedly trading and tipping on inside information about a cancer drug.
Express Scripts Inc. urged a Missouri federal judge Monday to reject HM Compounding Services LLC’s request that it waive privilege for 6,500 documents in an antitrust suit alleging the pharmacy benefit manager pushed compounding pharmacies out of the market.
Johnson & Johnson on Monday grilled a toxicology expert who has repeatedly testified for women alleging the company’s talcum powder products caused ovarian cancer, questioning whether her expert report for the first talc trial in California misinterpreted information from studies she never read.
The Delaware Chancery Court is set to consider in September an $86.5 million deal settling the challenge to Leonard Green & Partners $2.2 billion purchase of ExamWorks Group Inc., with Paul Hastings LLP, accused of aiding and abetting alleged fiduciary duty breaches, responsible for $46.5 million of that amount.
Despite a contentious confirmation hearing for Justice Neil Gorsuch, the U.S. Supreme Court term itself was mellow this year, with more unanimous cases and fewer controversial decisions. Still, there were a handful of business rulings that packed a punch.
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.
As the Senate seeks to reduce funding and services for opioid addiction, states and governments seeking new sources of funding may have increased incentive to sue manufacturers and distributors of prescription opioids. An increase in suits may shift the financial burden of the opioid crises to the pharmaceutical defendants and their liability insurers, say Adam Fleischer and Patrick Bedell of BatesCarey LLP.
Jury selection in the securities fraud trial of Martin Shkreli has begun, with prospective jurors hurling inflammatory rhetoric at him, calling him a “snake” and “the most hated man in America.” It seems almost inconceivable that Shkreli will testify, says former prosecutor Bennett Gershman now at Pace Law School.
In recent decades, as the rule of reason has been extended to analysis of vertical restraints in U.S. antitrust law, competition law regimes in other countries have likewise applied greater flexibility to the analysis of nonprice vertical restraints. However, none has gone so far as to adopt the U.S. Supreme Court's Leegin rule for resale price maintenance, say attorneys with Jones Day.
It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.
Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.
Experienced practitioners swiftly recognized a practical barrier to implementing a national program of resale price maintenance agreements under Leegin’s more permissive approach — the antitrust laws of 50 states. The last decade has largely confirmed those initial reactions, say Michael Lindsay and Matthew Ralph, who lead Dorsey & Whitney LLP's antitrust practice.
The federal government’s unfolding enforcement priorities have galvanized state attorneys general into action. We expect this trend to continue, say attorneys with Akin Gump Strauss Hauer & Feld LLP.
The U.S. Supreme Court’s recent expansion of the patent exhaustion doctrine in Impression Products v. Lexmark raises potentially far-reaching implications that may range from lower prices for consumer products and lower profitability for companies, to higher prices for consumer products and higher profitability for companies, say Mark Baghdassarian and Friedrich Laub of Kramer Levin Naftalis & Frankel LLP.
The U.S. Supreme Court's recent Bristol-Myers Squibb ruling dealt a blow to plaintiffs attorneys seeking to manufacture personal jurisdiction by joining the claims of resident plaintiffs with those of nonresidents in state court. But some have suggested that the ruling does not apply to federal courts. This is an argument with no legs, say attorneys with Skadden Arps Slate Meagher & From LLP.
Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.