WellCare Announces $200 Million Settlement In Securities Class Action

TAMPA, Fla. - (Mealey's) WellCare Health Plans Inc. announced Aug. 9 that it has reached an agreement to settle for $200 million a putative securities fraud class action that was brought against it in a Florida federal court ( Eastwood Enterprises, LLC, et al. v. Todd S. Farha, et al. , No. 8:07...

N.J. Risperdal Jury Finds Diabetes Warning Lacking, But Drug Didn't Cause Disease

NEW BRUNSWICK, N.J. - (Mealey's) A Risperdal personal injury trial ended Feb. 16 in a defense verdict for Johnson & Johnson subsidiary Janssen Pharmaceuticals Inc. after a New Jersey state court jury found that Janssen failed to warn about the risk of diabetes but that the atypical antipsychotic...

William A. Ruskin: The Economic Loss Rule: An Under-Utilized But Not-So-Secret Weapon

By William A. Ruskin In a decision issued on March 7, 2013, the Supreme Court of Florida reaffirmed Florida's commitment to adherence to the economic loss rule in product liability litigation. In Tiara Condominium Association, Inc. v. Marsh & McLennan Companies, Inc. etc., et al. , No. SC10...

Florida Appeals Court Strikes Punitive Damages, Orders Remittitur On Others In Tobacco Case

WEST PALM BEACH, Fla. - (Mealey's) A Florida appeals court conditionally struck $5 million in punitive damages from a tobacco wrongful death suit June 12 and directed a trial judge to grant remittitur on $15 million in survivors' consortium claims ( Philip Morris USA Inc., et al. v. Sharon Putney...

Split U.S. Supreme Court Rules Attorneys May Not Use DMV Info To Solicit Clients

WASHINGTON, D.C. - (Mealey's) Soliciting clients for a class action lawsuit is not a permissible attorney action covered by the Driver's Privacy Protection Act's litigation exception, a split U.S. Supreme Court ruled June 17 ( Edward F. Maracich, et al. v. Michael Eugene Spears, et al. ,...

Victims Of September 11 Terrorist Attacks Ask High Court To Hear Their Case

Almost twelve years to the day after the devastating 9/11 terrorist attacks, a Petition for Writ of Certiorari was filed in the United States Supreme Court on behalf of victims of those attacks in the case of In Re Terrorist Attacks of September 11, 2011 , also known as John Patrick O'Neill, Jr....

Florida Federal Jury Finds Former Smoker Did Not Meet Engle Class Standard

MIAMI — (Mealey’s) A federal jury in Florida found for Philip Morris USA Inc. and Lorillard Group LLC Oct. 29 and against the estate of a smoker who died of lung cancer in 2001 ( Ronnie L. Jacobson, et al. v. Philip Morris USA Inc., et al. , No. 1:12-cv-23781, S.D. Fla.). ( Verdict slip...

Judgment As Matter Of Law Granted In 1st Ethicon Pelvic Mesh Bellwether Trial

CHARLESTON, W.Va. — (Mealey’s) The first Ethicon pelvic mesh multidistrict litigation bellwether trial ended Feb. 18 when the judge granted the defendant’s motion for judgment as a matter of law ( In Re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation, MDL Docket No...

LeClairRyan: Trial Court Dismisses Negligent Hiring, Retention Claims Against Motor Carrier

A New Hampshire trial court recently ruled that negligent hiring and retention claims asserted against a motor carrier on behalf of persons seriously injured in a multi-vehicle accident are redundant of the motor carrier's vicarious liability and thus subject to dismissal. The ruling in Milton, et...

Jury Awards $9B In 1st MDL Actos Bladder Cancer Trial Against Takeda, Eli Lilly

LAFAYETTE, La. — (Mealey’s) The first federal court Actos bladder cancer trial ended April 7 in a $9 billion verdict against co-defendants Takeda Pharmaceuticals USA Inc. and Eli Lilly & Co. Inc., according to Takeda ( In Re: Actos [Pioglitazone] Products Liability Litigation , MDL Docket...