A former Massachusetts pharmacist failed to follow a recipe for sterile drugs he made in 2012 that infected hundreds of people with fungal meningitis, and then gave conflicting and unfounded answers about his procedures, a federal investigator said Friday at the pharmacist’s second-degree murder trial.
Investors in Blue Bell Creameries have launched a derivative lawsuit in the Delaware Chancery Court, unsealed late Thursday, accusing the ice cream maker and its board of “reprehensible” lapses connected to a deadly listeria outbreak and a “staggering” loss of value for the company.
An Illinois federal judge Friday found Purina Animal Nutrition LLC can’t duck a suit claiming its food killed thousands of bass at a fish farm despite the fact the farm did not buy directly from Purina.
The Texas Supreme Court on Friday agreed to review a certified question from the Eleventh Circuit tied to when the clock begins to run on a personal injury claim stemming from an allegedly defective product, in a Johnson & Johnson unit pelvic mesh suit.
A class of farmers asked a Kansas federal judge Thursday not to sign off on a $218 million jury verdict they won against Syngenta AG in a multidistrict litigation over genetically modified corn, saying that the global agribusiness giant had failed to show why it should be able to hurry forward its appeal of the award.
Environmental groups told a Texas federal judge Thursday that Exxon Mobil Corp. should pay about $6 million in attorneys’ fees and costs stemming from the thousands of hours of work and years of intense, hard-fought litigation that resulted in a nearly $20 million civil penalty against the oil giant.
Plains All American Pipeline LP on Thursday urged a California federal judge not to certify an oil industry subclass and a property owner subclass in a suit over a May 2015 oil spill near Santa Barbara, saying the court was correct earlier, when it denied certification of those classes.
The Fifth Circuit will not rehear a case over who must pay a $3.3 million settlement Exxon Mobil Corp. reached with a subcontractor after he was severely burned in an accident, bringing an end to a contentious, yearslong suit that’s already been before the court twice.
Pennsylvania Gov. Tom Wolf will sign a measure, which cleared the state's General Assembly this week, that would allow patients with terminal illnesses to use drugs that have not been approved for use by the U.S. Food and Drug Administration, a spokesman said Friday.
After the Supreme Court canceled oral arguments over Donald Trump’s travel ban due to the administration’s policy change, cases involving the Alien Tort Statute and consequential questions of appellate procedure have seized the spotlight for the week of Oct. 10. Law360 highlights what to look out for.
A Massachusetts pharmacist accused of second-degree murder for his role in the 2012 meningitis outbreak linked to his drugs was brusque and vulgar when people raised safety concerns, a former colleague testified Wednesday and Thursday.
New Jersey has slammed Insys Therapeutics Inc. with a civil lawsuit accusing it of trying to squeeze more profits from its opioid-fentanyl drug Subsys by marketing it for general chronic pain treatment despite its limited regulatory approval for cancer patients, Attorney General Christopher S. Porrino announced Thursday, calling the conduct "nothing short of evil."
The Fifth Circuit on Thursday refused to seek the Texas Supreme Court's guidance on whether asbestos claims fall under a standard pollution exclusion in a U.S. Fire Insurance Co. excess policy, leaving intact a ruling axing an order requiring U.S. Fire to pay another insurer $2.5 million to cover the cost of asbestos suits against a custom fabricator.
An Illinois federal jury ordered AbbVie Inc. to pay an AndroGel user more than $140 million Thursday after finding the company failed to test its testosterone gel product properly for cardiovascular risks and misrepresented what it was safe to treat.
A Boston-area jury has awarded $6.8 million to the family of a man who died of mesothelioma, holding New England Insulation liable for the man’s exposure to asbestos dust when he did part-time insulation work in his youth, the family’s attorneys announced Thursday.
Attorneys for a class of ex-NFL players told a Pennsylvania federal judge on Wednesday that a challenge to their bid for $112.5 million in legal fees for work on multidistrict concussion litigation was based on out-of-date and inaccurate information about settlement payouts in the case.
A widow whose husband and four children were killed in a car crash has asked the U.S. Supreme Court to review a Second Circuit decision that found she couldn’t overturn a judgment for fraud, after General Motors Co. allegedly hid documents that could have proved the crash was caused by a mechanical defect.
Opioid manufacturer Insys Therapeutics Inc. has agreed to pay $500,000 to Attorney General Maura Healey’s office to end claims in Massachusetts state court that it unlawfully marketed a spray version of the opioid fentanyl, Healey said in a statement on Thursday.
A Texas federal judge Wednesday expressed outrage at an insurer's request to extend by two hours and 14 minutes the deadline for filing an expert report in a coverage dispute involving ExxonMobil’s refinery equipment.
The Judicial Panel on Multidistrict Litigation on Wednesday centralized at least 24 actions in California federal court that accuse German carmakers of colluding for decades on vehicle technology, rejecting proposals to move the litigation to Florida or New Jersey.
Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.
The recent broadening of previous guidance on the warranty safe harbor of the Anti-Kickback Statute by the U.S. Department of Health and Human Services' Office of Inspector General may facilitate many of the outcomes-based risk-sharing arrangements that drug and device sellers have been contemplating (and pursuing) as part of the movement toward value-based health care, say attorneys with Ropes & Gray LLP.
Numerous medical devices now have internet connectivity in order to allow providers to monitor patients remotely, but the risks created by this trend are poorly acknowledged and understood by manufacturers, designers, prescribers and end-users. It is far more than data or money at stake — it is patients' lives, say attorneys with Baker Donelson Bearman Caldwell & Berkowitz PC.
For a given pesticide, registration can involve a vast amount of data and many years of testing and product development. However, many of these precautions should not apply to pheromones used for pest management, and the U.S. Environmental Protection Agency has recognized this and adjusted its review of pheromone-based products, say Johnny Johnson and Christian Kerr of Lightfoot Franklin & White LLC.
In my first week of practice, I was assigned to litigation that had been pending for 17 years. No discovery had been done, and the case was set for trial or dismissal in less than 60 days. From what followed, I learned some of the most important lessons of my career, says Alan Hoffman of Husch Blackwell LLP.
The Northern District of Illinois has recently allowed plaintiffs to allege standing for products they did not purchase in two different cases. But the key common element is that the products the plaintiffs did purchase and those they did not were substantially similar, says Francis Citera of Greenberg Traurig LLP.
The U.S. Supreme Court’s recent ruling in Bristol-Myers Squibb v. Superior Court has been characterized by some in the defense bar as portending a sea change in specific personal jurisdiction. But the case did not move the legal needle as far as the defense bar had hoped, say Leslie Brueckner of Public Justice and Andre Mura of Gibbs Law Group LLP.
Five years ago, John Nevius of Anderson Kill PC wrote a Law360 article addressing the risks that followed in the wake of Hurricane Sandy. Today, those tasked with assessing and mitigating the enormous destruction wrought by Harvey and Irma will benefit from the late Nevius' analysis, which his colleague Robert Horkovich discusses in this update.
Recent cases filed against manufacturers and retailers of “organic” textile products in California originate with a nonprofit group, and pose a risk to firms selling certain goods in California that are labeled as organic but that fall short of certain state standards, say Teresa Michaud and Anne Kelts of Baker McKenzie.
In our recent survey of business of law professionals, nearly half of respondents said that who they collaborate with, inside their law firm, is different from five years ago, says Chris Cartrett of legal software provider Aderant.