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

Courtroom News
Reuters | Jan 28, 2016

Copyright Suit Between Beastie Boys and Monster Beverage Settled

They fought for their copyright. And now they have settled.

Beastie Boys have resolved their lawsuit accusing Monster Beverage Corp of using excerpts from five of the hip-hop group's songs without permission in a video promoting a Canadian snowboarding competition.

Courtroom News
The Legal Intelligencer | Jan 27, 2016

The Dangers of Social Media Use by Clients

Clients going through a divorce, especially one in which financial and child custody questions loom large, should be warned early and often about the risks posed by social media where spur of the moment thoughts or flashes of anger can become permanent fixtures on the Internet. When it comes to social media, there is no real deleting.

The First Amendment protects most social media ranting from severe legal repercussions, but an ex-wife disparaged in a Facebook post does not need to sue for libel to turn that post to her advantage in the courtroom. Such writings can be used to give weight to an argument that a spouse is not fit to have custody of a child, or to shed doubt on a party's truthfulness.

Courtroom News
Reuters | Jan 27, 2016

Merck Pays $830 Million to Settle Investors’ Vioxx Lawsuit

U.S. drugmaker Merck & Co on Friday said it would pay $830 million to settle a federal class action lawsuit involving allegations the company failed to adequately inform investors about heart risks from its now-recalled Vioxx pain medication.

Courtroom News
Courthouse News Service | Jan 25, 2016
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“Arbitrary” Reduction of Attorneys Fees in Class Case Reversed on Appeal

Calling a federal judge's award of attorneys' fees "a near total failure," the Ninth Circuit, Friday vacated the award in a securities class action that ended in a $3.7 million global settlement.

Courtroom News
The Legal Intelligencer | Jan 25, 2016
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$800,000 Added to Pelvic Mesh Award as Delay Damages

Philadelphia Court of Common Pleas Judge Mark I. Bernstein, who presided over the Hammons v. Ethicon trial that resulted in an award of $5.5 million in compensatory damages and $7 million in punitive damages, added $797,602 in delay damages to the verdict, and entered judgment at about $13.3 million.

Courtroom News
FiercePharma | Jan 25, 2016

Summary Judgment Denied for GSK in Paxil Suicide Case

GlaxoSmithKline ($GSK) will have to go to court to fight claims that a generic version of its Paxil antidepressant triggered an Illinois man's suicide. U.S. District Judge James Zagel declined to rule on the drugmaker's motions for summary judgment, setting the case up for trial in September. The trial would be GSK's first over suicide claims in an adult.

Courtroom News
LegalNewsline.com | Jan 25, 2016

Class Action Alleges Fitbit Fraud

Three U.S. citizens are suing the manufacturer of activity trackers over claims its trackers do not accurately record heart rates. The suit states Fitbit represents that its Charge HR and Surge fitness watches include LED-based technology called PurePulse to accurately record a wearer's heart rate during physical activity. The suit states Fitbit's representations are false, and that the PurePulse trackers allegedly do not and cannot consistently or accurately record heart rates during intense physical activity. The suit claims testing confirms these products consistently incorrectly record heart rates by a significant margin.

Courtroom News
Courthouse News Service | Jan 21, 2016
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L.A. Gas Leak Displaces 12,000; Site Still Not Shut Down

With 12,000 Los Angelenos displaced by a massive, continuing leak of methane gas, residents of the northwest San Fernando Valley demanded that the site be shut down, at a Saturday meeting of an administrative law panel.

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