Litigation

Recent Posts

Free Download: Keller & Heckman Litigation Alert: Supreme Court Rules National Childhood Vaccine Injury Act Of 1986 Bars State-Law Design-Defect Claims Against Vaccine Manufacturers
Posted on 2 Mar 2011 by Keller and Heckman LLP

On February 22, 2011, the United States Supreme Court held that the National Childhood Vaccine Injury Act of 1986 (NCIVIA or Act) bars state-law design-defect claims against vaccine manufacturers. The Bruesewitz family sued Wyeth, then the parent company... Read More

6th Circuit Reverses Preemption-Based Dismissal Of Diet Drug Negligence Claims
Posted on 18 Aug 2010 by Michael Lefkowitz

CINCINNATI - (Mealey's) Citing the Supreme Court's rejection of implied preemption of pharmaceutical product liability in Wyeth v. Diana Levine (No. 06-1249, U.S. Sup.; 2009 U.S. LEXIS 1774), the Sixth Circuit U.S. Court of Appeals on Aug. 18... Read More

W.Va. High Court: State Consumer Law Doesn’t Apply To Drug Cases
Posted on 20 Dec 2010 by Tom Moylan

CHARLESTON, W.Va. - (Mealey's) The West Virginia Supreme Court of Appeals on Dec. 17 ruled that plaintiffs must show reliance and ascertainable loss in state consumer fraud cases and said the state law does not apply to prescription drugs ( Shirley... Read More

Jury In 5th Prempro MDL Bellwether Finds Wyeth Didn't Fail To Warn About Cancer
Posted on 21 Oct 2011 by Tom Moylan

JONESBORO, Ark. - (Mealey's) The fifth bellwether trial in the Prempro multidistrict litigation ended in a defense verdict on Oct. 20 in the U.S. District Court for the Eastern District of Arkansas after a jury found that Wyeth did not inadequately... Read More

Pa. Supreme Court Says Drug Companies Can Be Sued For Marketing Dangerous Drugs
Posted on 23 Jan 2014 by Tom Moylan

PHILADELPHIA — (Mealey’s) Pennsylvania law allows drug companies to be sued if they fail to stop marketing drugs known to be unreasonably harmful, and the manufacturers are not immune from being sued for damages for lack of due care, the Pennsylvania... Read More

2 Actions Target Lucrative Insider Trading Cases
Posted on 24 Nov 2012 by Thomas O. Gorman

Just when it appeared that the expert network insider trading investigations had come to an end with convictions and guilty pleas, the Manhattan U.S. Attorney's Office and the SEC announced the filing of what may be the most lucrative of insider trading... Read More

Connecticut Federal Jury Finds Warning Adequate In Prempro Wrongful Death Suit
Posted on 31 May 2012 by Tom Moylan

BRIDGEPORT, Conn. - (Mealey's) Wyeth is not liable for the breast cancer death of a woman who took the company's hormone therapy drugs Premarin and Prempro, a Connecticut federal jury said May 30, finding that the drugs' labeling contained... Read More

U.S. Supreme Court Declines To Hear Prempro/Premarin Punitive Damages Appeal
Posted on 20 Jun 2011 by Tom Moylan

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 20 declined to review a Nevada Supreme Court decision affirming a $35 million punitive damages award in a Prempro/Premarin injury case ( Wyeth LLC, et al., v. Jeraldine Scofield, et al.... Read More

Toxic Tort Litigator Margie Searcy Alford On Wyeth v. Levine
Posted on 5 May 2010 by Margie Searcy Alford

In this Emerging Issues analysis, toxic tort litigator and author Margie Searcy Alford comments on the U.S. Supreme Court in Wyeth v. Levine (129 S. Ct. 1187 [2009]). The court held that federal law did not preempt state failure-to-warn claims against... Read More

Supreme Court Denies Wyeth's Petition For Certiorari Over Punitive Damages Trial
Posted on 22 Jun 2010 by Shane Dilworth

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 21 denied Wyeth's petition for a writ of certiorari seeking reversal of the Eighth Circuit U.S. Court of Appeals ruling allowing a punitive-damages-only trial for a woman claiming that... Read More

Pennsylvania Jury Awards $72.6 Million To 3 Women In HRT Breast Cancer Case
Posted on 7 Dec 2011 by Tom Moylan

PHILADELPHIA - (Mealey's) A Pennsylvania state court jury on Dec. 6 awarded $72.6 million to three women who say they developed breast cancer after taking hormone replacement therapy (HRT) drugs made by subsidiaries of Pfizer Inc. ( Susan Elfont,... Read More

Supreme Court Hears Arguments Over Vaccine Preemption
Posted on 12 Oct 2010 by Michael Lefkowitz

WASHINGTON, D.C. - (Mealey's) The extent to which tort claims for alleged vaccine injury are permitted by legislation that created a federal compensation system was brought before the U.S. Supreme Court Oct. 12 ( Russell Bruesewitz, et al. v. Wyeth... Read More

Divided 8th Circuit Panel Readmits Plaintiff Expert On Short-Term Prempro Risk
Posted on 27 Jul 2012 by Tom Moylan

ST. LOUIS - (Mealey's) In a 2-1 ruling July 26, the Eighth Circuit U.S. Court of Appeals reversed summary judgment in two Prempro bellwether cases that involve the risk of breast cancer in women who took the hormone replacement therapy drug for less... Read More

N.J. Appeals Court: Hormone Replacement Therapy Plaintiffs Didn't Rebut Label Adequacy
Posted on 3 Oct 2011 by Tom Moylan

TRENTON, N.J. - (Mealey's) A New Jersey appeals court panel on Sept. 29 affirmed summary judgment in two hormone replacement therapy (HRT) cases in which the state's mass tort court found that the plaintiffs failed to present sufficient evidence... Read More