Deferred Sanctions Leave Hope For Takeda In Actos MDL

Law360, New York (February 3, 2014, 6:14 PM EST) -- A Louisiana federal judge's scathing criticism of Takeda Pharmaceuticals America Inc.'s document destruction threatens to cripple Takeda's odds in thousands of cases in multidistrict litigation over its diabetes drug, but attorneys see an opening for escape for the company and others facing similar discovery sanctions.

U.S. District Judge Rebecca Doherty's lengthy opinion admonished Takeda over destruction of custodial files belonging to dozens of executives involved in the development of Actos, which plaintiffs claim causes bladder cancer. But she stopped short of ruling whether the drugmaker acted in bad faith, even though she found it had a duty to preserve the documents....

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