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Life Sciences

  • June 14, 2018

    Texas Creates MDL For Counties' Opioid Suits

    The Texas Judicial Panel on Multidistrict Litigation has agreed to consolidate 16 cases brought by Texas counties alleging opioid makers and distributors including Purdue Pharma LP and McKesson Corp. made false and misleading statements about the drugs.

  • June 14, 2018

    J&J Talc Customer Paid For Risky Product, 3rd Circ. Told

    A Johnson & Johnson customer urged the Third Circuit on Thursday to revive her putative class action over the alleged health hazard associated with the company’s talc-based baby powder, arguing she wouldn’t have purchased the product had she known it could raise her chances of getting ovarian cancer.

  • June 14, 2018

    New Bill Would Bar Quick Generics Approval For PTAB Users

    Generics and biosimilar drugmakers who challenge brand patents at the Patent Trial and Appeal Board would be effectively closed off from accelerated approval pathways under a bill introduced Wednesday by U.S. Sen. Orrin Hatch, R-Utah, who co-authored the original law that enabled sped-up generics approvals.

  • June 14, 2018

    McKesson Tries To Keep Tribal Opioid Suit In Federal Court

    McKesson Corp. has urged a California federal court not to send the Round Valley Indian Tribes’ suit accusing the company and others of helping create the nation’s opioid crisis back to California state court, making arguments similar to those in various other cases brought by tribes.

  • June 14, 2018

    AbbVie Wins 5th Bellwether In Testosterone MDL

    An Illinois federal jury found for AbbVie Inc. on Thursday in a trial over claims its drug AndroGel caused a man’s deep vein thrombosis, handing the company a win in the fifth bellwether trial in the testosterone replacement therapy multidistrict litigation.

  • June 14, 2018

    Supreme Court Says Foreign Gov't Submissions Not Binding

    The U.S. Supreme Court on Thursday held that a foreign government’s interpretation of its own law is not “binding” on U.S. courts, throwing out a Second Circuit ruling nixing a $147 million price-fixing judgment against two Chinese companies that received support from the Chinese government.

  • June 13, 2018

    J&J Gets $70M Punitives Slashed In Surgical Stapler Case

    A California appeals court on Wednesday slashed a $70 million punitive damages award to $19.6 million in a suit alleging a Johnson & Johnson unit’s defective surgical stapler and a doctor’s negligence caused a woman’s anus to be stapled shut during hemorrhoid surgery, saying the award was excessive.

  • June 13, 2018

    3rd Circ. Upholds Walgreens Victory In Doc's Defamation Case

    The Third Circuit upheld Wednesday a jury verdict exonerating Walgreen Co. pharmacists of defaming a doctor whose prescriptions were presented to them by customers, rejecting the physician’s arguments that a faulty jury instruction warranted a retrial and that the weight of evidence in the case was in his favor.

  • June 13, 2018

    DEA, Media Poised For Battle Over Opioid MDL Data Access

    The Ohio federal judge supervising multidistrict litigation over the opioid crisis set the stage Wednesday for an epic showdown over media access to secret data on painkiller sales — access that the U.S. Drug Enforcement Administration says could have perilous repercussions.

  • June 13, 2018

    PTAB Shuts Down Challenge To Gilead's Hep C Drug Patents

    The Patent Trial and Appeal Board on Wednesday shot down the last of eight related requests filed by a nonprofit group focused on drug competition to review Gilead Pharmasset LLC's patents covering its series of blockbuster hepatitis C medications.

  • June 13, 2018

    Ex-NJ Lab Prez, Brother Get Prison In $100M Bribery Scheme

    The former president of a blood testing lab and his brother were slammed with prison sentences Wednesday in New Jersey federal court for their roles in a bribery scheme that garnered more than $100 million in Medicare and private insurance dollars for the now-defunct company.

  • June 13, 2018

    Muscular Dystrophy Drug Co. Seeks To Stall Derivative Suit

    Solid Biosciences Inc. told a Massachusetts judge on Wednesday that a shareholder derivative lawsuit should be put on hold because it too closely resembles a securities class action proceeding in federal court, both of which contend the company lied about its leading drug candidate before an initial public offering.

  • June 13, 2018

    Nutraceutical Appeals Enviros’ Fees In Suit It Calls Moot

    Supplements-maker Nutraceutical Corp. told a California appellate court Wednesday it shouldn’t have to pay an environmental group’s attorneys’ fees in a suit alleging its products fail to comply with the state’s toxic substances warning law, saying the company fixed the issue before the suit was even filed.

  • June 13, 2018

    5th Circ. Rejects Pill Mill Doc's Challenge To 5-Year Sentence

    A Fifth Circuit panel has upheld the five-year prison sentence given to a Houston doctor who was convicted on 19 counts related to running a pill mill that handed out more than 11,000 prescriptions for oxycodone over a seven-year period, rejecting his arguments that there were a lack of evidence and other flaws in the prosecution’s case. 

  • June 13, 2018

    Travelers, Becton Strike Settlement In $167M Coverage Row

    Travelers Casualty and Surety Co. and Becton Dickinson and Co. told a New Jersey federal court on Wednesday that they have reached a settlement in a dispute over defense costs and $167 million in settlement payments in antitrust class actions.

  • June 13, 2018

    Biotech Co. Pens $18.5M Deal In Investor Fraud Class Action

    Investors in Osiris Therapeutics Inc. told a Maryland federal judge on Tuesday that they had reached an $18.5 million settlement with the biotech research company over allegations it artificially inflated reported revenues and misled shareholders about its revenue growth.

  • June 13, 2018

    California Stuck With Order Barring Glyphosate Warning

    A California federal judge denied the California attorney general's request to rethink his refusal to require Monsanto and several farming associations to warn that the chemical glyphosate might cause cancer because doing so would violate their First Amendment rights.

  • June 13, 2018

    Insys Can't Duck Investor Suit Over Opioid Spray's Financials

    Insys Therapeutics Inc. and its top brass largely lost their bid to boot an investor's fraud suit Tuesday when a New York federal judge found the complaint had adequately tied the company's alleged misstatements to a concrete loss, allowing the proposed shareholder action accusing Insys of overstating its fentanyl spray's financial strength to move forward.

  • June 12, 2018

    J&J Secretly Funded Talc Study, Atty Claims

    Johnson & Johnson secretly funded research that found talcum powder does not cause ovarian cancer through the law firm of Crowell & Moring LLP, an attorney for 22 women suing the pharma conglomerate told a St. Louis jury Tuesday.

  • June 12, 2018

    4th Circ. Upholds Ax Of Expert Testimony In Lipitor MDL

    The Fourth Circuit on Tuesday upheld a lower court’s ruling that nixed thousands of claims in multidistrict litigation alleging that Pfizer’s cholesterol drug Lipitor causes Type 2 diabetes, finding that the lower court didn’t err in excluding expert testimony.

Expert Analysis

  • Trade Rep Hints At More CFIUS Scrutiny Of Biotech Deals

    Stephen Mahinka

    The Section 301 report issued in March by the United States Trade Representative highlighted foreign acquisitions and investments in the U.S. biotechnology industry. Counsel on both sides of a transaction in this sector should consider carefully whether involvement by foreign entities, especially from China, should be filed for review by CFIUS before closing, say Stephen Mahinka and Carl Valenstein of Morgan Lewis & Bockius LLP.

  • Lessons From FDA Draft Guidance On Multifunctional Devices

    Gregory Levine

    Draft guidance​ issued last month​ provides insight into how the ​U.S. Food and Drug Administration conceives of its authority to regulate multiple function devices consistent with the 21st Century Cures Act. Companies should consider how to operationalize the FDA's approach when developing such devices, say Gregory Levine and Abram Barth of Ropes & Gray LLP.

  • CPSC Steps Up Action On Safe Product Packaging Standards

    Amy Rubenstein

    For the first time, the U.S. Consumer Product Safety Commission has imposed a civil penalty against a company for violations of Poison Prevention Packaging Act standards — despite no evidence of consumer injury. Prudent pharmaceutical and household product manufacturers may want to review their packaging compliance programs and reporting, to avoid penalties, litigation and recalls, say Amy Rubenstein and Jamie Davis of DLA Piper.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Praxair And The Printed Matter Doctrine

    Paul Zagar

    The Federal Circuit's May 16 decision in Praxair v. Mallinckrodt calls attention to the printed matter doctrine as an additional means for attacking diagnostic method and personalized medicine claims, already under siege from Section 101 subject matter eligibility challenges, says Paul Zagar of Leason Ellis LLP.

  • Advertiser Self-Regulation And Class Actions: Part 3

    John Villafranco

    Companies take part in National Advertising Division proceedings as a form of industry self-regulation — and as an alternative to potentially costly litigation. Analysis of which plaintiffs firms are filing lawsuits after NAD rulings, and whether NAD decisions have any impact on federal courts, supports the conclusion that NAD participation has little correlation with consumer class actions, say attorneys with Kelley Drye & Warren LLP.

  • Highlights Of Proposed Medicare Payment And Policy Rules

    Kathleen Rubinstein

    The Centers for Medicare & Medicaid Services recently released a deluge of proposed Medicare payment updates and policy changes for hospitals and post-acute providers. Key themes emerging from the proposal include encouraging price transparency, promoting exchange of health care data and easing the regulatory burden on providers, say attorneys with Morgan Lewis & Bockius LLP.

  • A Proposed Approach For High Court In Vitamin C Case

    Michael Kimberly

    It is safe to expect a narrow ruling from the U.S. Supreme Court in Animal Science v. Hebei, instructing lower courts not to give conclusive deference to foreign sovereigns’ legal submissions. But it would be more sensible to instruct U.S. courts to assess whether these submissions are entitled to any deference in their country of origin and, if so, to give them that deference, say Michael Kimberly and Matthew Waring of Mayer Brown LLP.

  • Advertiser Self-Regulation And Class Actions: Part 2

    John Villafranco

    Are plaintiffs lawyers scouring National Advertising Division rulings for litigation targets? An analysis of the timing of class actions in relation to NAD decisions suggests that the risk of being subject to a follow-on consumer class action after participation in an NAD proceeding that results in an adverse decision is low, say attorneys with Kelley Drye & Warren LLP.

  • A Look Inside Trump's 4-Point Plan For Curbing Drug Prices

    Tom Bulleit

    President Donald Trump recently outlined his administration’s plan for lowering prescription drug prices. Tom Bulleit and Kirsten Mayer of Ropes & Gray LLP break down the key proposals and assess the likely paths forward.