LexisNexis® Legal Newsroom
Chase Bank Agrees To Pay $100 Million To Settle Interest Rate Increase Claims

SAN FRANCISCO - (Mealey's) Chase Bank USA NA on July 23 agreed to pay $100 million to settle claims that it increased interest rates on loan balances that were transferred to consumers' credit cards after it allegedly promised them a fixed rate, according to a settlement document the plaintiffs...

Levaquin Compensatory Verdict Affirmed By 8th Circuit; Punitive Verdict Reversed

ST. LOUIS — (Mealey’s) The Eighth Circuit U.S. Court of Appeals on Nov. 30 unanimously affirmed denial of judgment as a matter of law or new trial for compensatory damages in the first Levaquin multidistrict litigation bellwether trial but in a 2-1 split said the trial court erred in denying...

Jury Awards Plaintiff $285,000 In 5th Fosamax MDL Trial But Finds No Design Defect

NEW YORK - (Mealey's) A New York federal jury on Feb. 5 ordered Novartis Pharmaceuticals Corp. to pay $285,000 to a plaintiff for allegedly failing to warn her or her doctor that Fosamax carries a risk of osteonecrosis of the jaw (ONJ) ( In Re: Fosamax Products Liability Litigation , MDL Docket No...

Yasmin, Yaz Gallbladder Cases Settled For $24 Million By Bayer; Payouts Are $2,000-$3,000

EAST ST. LOUIS, Ill. — (Mealey’s) Bayer HealthCare Pharmaceuticals Inc. will pay $24 million to resolve claims of plaintiffs who allege that they developed gallbladder disease or underwent gallbladder surgery as a result of using Yasmin or Yaz drospirenone-containing birth control pills,...

Florida Federal Judge Approves TD Bank's $62 Million Settlement In MDL Overdraft Fees Litigation

MIAMI - (Mealey's) A federal judge in Florida on March 18 approved TD Bank NA's $62 million settlement that will allow the bank to exit a multidistrict litigation in which class members allege that several banks manipulated the order of debit card transactions to maximize checking account overdraft...

U.S. Bank Agrees To Pay $55 Million To Settle Overdraft Fees Litigation

MIAMI — (Mealey’s) U.S. Bank NA on July 24 agreed to pay $55 million to exit a multidistrict litigation in which class members allege that several banks manipulated the order of debit card transactions to maximize checking account overdraft fees ( In Re: Checking Account Overdraft Litigation...

$2 Million, Mostly Punitives, Awarded In Retrial Of 1st Bard MDL Pelvic Mesh Injury Case

CHARLESTON, W. VA. — (Mealey’s) A West Virginia federal jury on Aug. 15 awarded $2 million in compensatory and punitive damages in the first multidistrict litigation bellwether trial involving a pelvic mesh device made by C.R. Bard Inc. ( Donna Cisson, et al. v. C.R. Bard, Inc. , No. 2:11...

97 Federal Cases Alleging Cancer From Diabetes Drugs Centralized In MDL

WASHINGTON, D.C. — (Mealey’s) Ninety-seven federal lawsuits in which plaintiffs allege that three incretin-based diabetes drugs caused their pancreatic cancer were centralized Aug. 26 by a federal judicial panel into a multidistrict litigation in the U.S. District Court for the Southern District...

William A. Ruskin: Preserving The Attorney-Client Privilege For In-House Counsel

By William A. Ruskin Courts impose on corporate entities the burden of demonstrating that communications and documents shared with in-house counsel are protected by the attorney-client privilege. When companies cannot satisfy this burden, courts have ordered production of emails involving legal counsel...

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...

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...

3rd Circuit Says Design Defect Claims For Generic Fosamax Are Preempted

PHILADELPHIA — (Mealey’s) Strict liability design defect claims involving generic versions of the osteoporosis drug Fosamax are preempted by federal law despite plaintiffs’ attempts to narrow U.S. Supreme Court case law, a panel of the Third Circuit U.S. Court of Appeals ruled April...

Pfizer To Pay $325M To Settle Neurontin 3rd-Party Payer, Antitrust Class Action

BOSTON — (Mealey’s) Pfizer Inc. has agreed to a $325 million class settlement of claims by third-party payers that allege that the off-label promotion of the epilepsy drug Neurontin violated the Racketeer Influenced and Corrupt Organizations Act and that the drug maker’s efforts to...

6th Circuit Panel Affirms Most Darvon/Darvocet/Propoxyphene Claims Are Preempted

CINCINNATI — (Mealey’s) The Sixth Circuit U.S. Court of Appeals on June 27 affirmed dismissal of 67 of 68 Darvon/Darvocet/ propoxyphene multidistrict litigation cases, finding that the plaintiffs either failed to properly plead their claims or that the claims are preempted by federal law...

Federal Judge Gives Preliminary Approval To NFL Brain-Injury Settlement

PHILADELPHIA — (Mealey’s) A federal judge in Pennsylvania on July 7 preliminarily approved a settlement between the National Football League and retired players claiming football-related brain injuries ( In Re: National Football League Players’ Concussion Injury Litigation , MDL Docket...

MDL Jury Awards $3.27 Million In 2nd Ethicon Pelvic Mesh Trial

CHARLESTON, W.Va. — (Mealey’s) A West Virginia federal jury on Sept. 5 returned a $3.27 million verdict in the second Ethicon Inc. multidistrict litigation pelvic mesh bellwether trial (Jo Huskey, et al. v. Ethicon, Inc., et al., No. 2:12-5201, S.D. W.Va.). After deliberating for less...

Entire Nexium MDL Closed After Expert Excluded; Defense Awarded Costs

LOS ANGELES — (Mealey’s) The California federal judge overseeing the Nexium bone injury multidistrict litigation on Oct. 8 entered judgment in favor of manufacturer defendant AstraZeneca Pharmaceuticals LP and related entities and against all plaintiffs and ordered that the defendants “shall...

Defense Verdict Returned In 1st DePuy Pinnacle Hip Bellwether Case

DALLAS — (Mealey’s) Jurors in the U.S. District Court for the Northern District of Texas on Oct. 23 returned a defense verdict for DePuy Orthopaedics Inc. and parent company Johnson & Johnson in the first Pinnacle hip multidistrict litigation bellwether case ( In Re: DePuy Orthopaedics...

No New Trial In Actos MDL Bellwether Case, But Punitives Are Cut From $9 Billion To $36 Million

LAFAYETTE, La. — (Mealey’s) Takeda Pharmaceutical Co. Ltd. and Eli Lilly and Co. will not get a new trial in the first Actos bladder cancer multidistrict litigation bellwether case, but a Louisiana federal judge on Oct. 27 reduced the $9 billion punitive damages verdict to $36.87 million...

Stryker Rejuvenate/ABG II Hip Implant Litigation Settles For At Least $1.42 Billion

(Mealey's) Howmedica Osteonics Corp. has set aside at least $1.42 billion to pay patients who had to undergo revision surgery as a result of corrosion or fretting of Stryker metal-on-metal Rejuvenate Modular-Neck and ABG II Modular-Neck hip implants, according to settlement documents released Nov...

Jury Awards $26.7 Million To 4 Women In Boston Scientific Pelvic Mesh MDL Trial

MIAMI — (Mealey’s) A federal jury in Florida on Nov. 13 awarded four women a total of $26.7 million in a multidistrict litigation trial involving Boston Scientific Corp.’s Pinnacle Pelvic Floor Repair Kit pelvic mesh repair device ( Amal Eghnayem, et al. v. Boston Scientific Corporation...

U.S. High Court Hears Arguments In Case Over Appealing LIBOR Suit

WASHINGTON, D.C. — (Mealey’s) A dismissal of a lawsuit by a trial court and a statement that the case was terminated render the case appealable, Thomas C. Goldstein of Goldstein & Russell in Bethesda, Md., argued Dec. 9 before the U.S. Supreme Court ( Ellen Gelboim and Linda Zacher, et...

4th Circuit Affirms Directed Verdict In 1st Ethicon Pelvic Mesh MDL Trial

RICHMOND, Va. — (Mealey’s) The Fourth Circuit U.S. Court of Appeals on March 2 affirmed a directed defense verdict last year in the first Ethicon pelvic mesh multidistrict litigation trial ( Carolyn Lewis, et al. v. Johnson & Johnson, et al. , No. 14-1244, 4th Cir.). ( Opinion available...

N.J. Accutane Judge: Post-2002 Warnings Of Bowel Injury Are Adequate Under Law

ATLANTIC CITY, N.J. — (Mealey’s) A judge overseeing New Jersey’s Accutane litigation on April 2 granted summary judgment to Accutane manufacturer Hoffman-La Roche after finding that as a matter of law, the drug’s post-April 2002 warnings about inflammatory bowel disease (IBD)...

Takeda To Pay Up To $2.4 Billion To Settle About 9,000 Actos Bladder Cancer Claims

LAFAYETTE, La. — (Mealey’s) Takeda Pharmaceutical Co. Ltd. will pay up to $2.4 billion to settle the “vast majority” of Actos bladder cancer lawsuits in the United States, the company, plaintiff attorneys and the multidistrict litigation court said April 28 ( In Re: Actos [Pioglitazone...