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Does Off-Label Promotion Settlement Signal Change in FDA Policy?

Courtroom News
Reuters | Mar 3, 2016

Dow Price Fixing Settlement Suggests Scalia’s Death ‘Blow to Businesses’

Dow Chemical Co's agreement to pay $835 million to settle a price-fixing dispute provides evidence that Justice Antonin Scalia's death is a blow to businesses that have had success recently in challenging class action cases at the U.S. Supreme Court.


Dow, in the process of merging with Dupont, settled the decade-long dispute rather than risk its fate being decided by a shorthanded, eight-justice court missing, in Scalia, a reliable vote in support of companies in class action cases.


The Dow dispute, in which it was accused of conspiring to artificially inflate polyurethane prices, had been on hold at the high court pending the outcome of another case.

Courtroom News
The Legal Intelligencer | Mar 1, 2016
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Ethicon Seeks New Trial After $13.5 Million Mesh Verdict

The Johnson & Johnson subsidiary that was recently hit with a $13.5 million verdict over one of its pelvic mesh products has asked the court to toss the verdict.


Ethicon, which was slammed earlier this month with the verdict, has filed post-trial motions with the Philadelphia Court of Common Pleas, outlining numerous arguments for why the jury's verdict should be reversed, including statute of limitation, federal pre-emption and evidentiary disputes.


The motion, filed Monday by Butler Snow Law Firm attorney Nils B. Snell, asked the court to either enter judgment notwithstanding the verdict, grant a new trial, or reduce the verdict award.

Courtroom News
Legal Newsline | Mar 1, 2016
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Asbestos Defendant’s RICO Complaint Met with Breach of Settlement Counterclaim

On Friday, the plaintiffs firm Simon Greenstone Panatier Bartlett filed a breach of contract lawsuit against John Crane Inc. in Los Angeles federal court. The firm, which has an office in that city, is also asking a judge to rule that JCI is breaching previous settlement agreements.


The complaint was filed in response to JCI’s January motion that seeks approval to join a Racketeer Influenced and Corrupt Organizations lawsuit against Simon Greenstone. JCI wants to make its own racketeering claims in addition to those already stated by Garlock Sealing Technologies.


Courtroom News
Bloomberg | Feb 24, 2016

$72 Million Talc Cancer Verdict Against J&J

Johnson & Johnson must pay $72 million to the family of a woman who blamed her fatal ovarian cancer on the company’s talcum powder in the first state-court case over the claims to go to trial.


Jurors in St. Louis on Monday concluded J&J should pay $10 million in compensatory damages and $62 million in a punishment award to the family of Jackie Fox, who died of ovarian cancer last year after using Johnson’s baby powder and another talc-based product for years.


It’s the first time a jury has ordered J&J, the world’s largest maker of health-care products, to pay damages over claims that it knew decades ago that its talc-based products could cause cancer and failed to warn consumers.

Courtroom News
Fierce Pharma | Feb 24, 2016

$784 Million Paid by Pfizer to Settle Medicaid False Claims Action

Pfizer is forking over $784 million to settle claims that its Wyeth unit overcharged Medicaid for its heartburn med Protonix. The agreement marks one of the biggest settlements to date from drugmakers facing similar allegations.


The settlement "does not include an admission of liability" by Wyeth, and it is still subject to a final settlement agreement and court approval, the company said in a statement. But the agreement does mark the end of a long chapter for Pfizer, which inherited the case after buying Wyeth in 2009.


The DOJ claimed that between 2001 and 2006, the company did not give state Medicaid programs the same discounts for the drug that it did for nongovernment customers, running afoul of federal law.

Courtroom News
Legal Newsline | Feb 24, 2016
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Uber to Pay $28.5 Million to Settle False ‘Safe Ride’ Claims

Popular rideshare and taxi service Uber has announced it will pay $28.5 million to about 25 million riders to settle litigation filed against it for allegedly misleading customers about its safety procedures and fees.


The lawsuits allege Uber, which uses a smartphone app to receive ride requests and then sends the requests to its drivers, charged an extra “safe rides fee” to cover what the company called “industry-leading background checks” on its drivers.

Courtroom News
Law.com | Feb 18, 2016

3M Fails in its Attempt to Disqualify Law Firm it Accused of ‘Betrayal’

The 3M Co. has long argued that one if its former law firms, Covington & Burling, committed a “betrayal” by filing an environmental lawsuit against it on behalf of another client. Covington got some good news on Friday, when a judge refused to disqualify it from the environmental suit, a case Covington has poured years of effort into on a contingent fee basis. 3M’s lawyers are also cheering the ruling, however, seizing on a finding by the judge that Covington did, in fact, violate an ethics rule.

Courtroom News
Legal Newsline | Feb 18, 2016

Judge Denies Motion for New Lead Counsel in GM Ignition Case

Judge Jesse Furman, for the U.S. District Court for the Southern District of New York, said in his order that Georgia attorney Lance Cooper’s motions are “patently untimely” and “fall far short” of meeting the “rigorous” standards applicable to motions for reconsideration.


“The Cooper Plaintiffs provide little or no evidence to support their (sometimes wild) accusations of impropriety and underhandedness on the part of Lead Counsel,” Furman wrote in his five-page order.

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