Litigation

Recent Posts

Children’s Motrin Trial Ends In Mistrial; Foreperson Said To Have Sought Marshal
Posted on 3 Apr 2014 by Tom Moylan

NEW ORLEANS — (Mealey’s) A mistrial was declared April 2 in a Children’s Motrin trial in a Louisiana federal court after the jury became hung, according to two attorneys ( Keisha Hunt v. McNeil Consumer Healthcare, et al. , No. 11-457... Read More

La. Supreme Court Reverses $330M Verdict For Risperdal Medicaid Law Violations
Posted on 29 Jan 2014 by Tom Moylan

NEW ORLEANS — (Mealey’s) In a 4-3 vote, the Louisiana Supreme Court on Jan. 28 reversed a verdict of more than $330.6 million against Janssen Pharmaceutical Inc. and parent company Johnson & Johnson, finding that the state attorney general... Read More

Arkansas High Court Reverses $1.2B Risperdal Verdict For State Law Violations
Posted on 21 Mar 2014 by Tom Moylan

LITTLE ROCK, Ark. — (Mealey’s) In a 4-3 decision, the Arkansas Supreme Court on March 20 reversed a $1.2 billion verdict against Janssen Pharmaceuticals for violating state law in its marketing of the antipsychotic drug Risperdal ( Ortho-McNeil... Read More

Zoloft® & SSRIs: The Plaintiffs’ Perspective - An HB Law & Science Conference Report
Posted on 22 Aug 2011 by HB Litigation Conferences

Two major classes of drugs recently have been the subject of mass tort litigation for their alleged tendency to cause birth defects. The first group includes Topamax® and Topiramate, used to treat migraines, and the second comprises Zoloft® and... Read More

Alabama High Court Vacates $78.4 Million Drug-Pricing Verdict Against Generic Maker Sandoz
Posted on 16 Jul 2012 by Tom Moylan

MONTGOMERY, Ala. - (Mealey's) In a 7-1 vote, the Alabama Supreme Court on July 13 vacated a $78.4 million drug-pricing verdict against generic drug maker Sandoz Inc., finding that the state government knew that the reported drug prices were not accurate... Read More

Split U.S. Supreme Court Says Pharmaceutical Sales Reps Are Not Owed Overtime
Posted on 19 Jun 2012 by Bajeerah LaCava

WASHINGTON, D.C. - (Mealey's) A pharmaceutical sales representative, or detailer, falls under the U.S. Department of Labor's (DOL) definition of an "outside salesman" and is not owed overtime compensation, a split U.S. Supreme Court... Read More

Jury Awards $9B In 1st MDL Actos Bladder Cancer Trial Against Takeda, Eli Lilly
Posted on 8 Apr 2014 by Tom Moylan

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... Read More

Abbott To Pay $1.5 Billion In Civil, Criminal Penalties For Depakote Off-Label Promotion
Posted on 8 May 2012 by Tom Moylan

ABINGDON, Va. - Abbott Laboratories Inc. on May 7 pleaded guilty to one misdemeanor criminal charge and agreed to pay $1.5 billion in criminal fines, civil penalties and forfeiture for off-label marketing its anti-epilepsy drug Depakote despite knowing... Read More

S.C. Supreme Court Oks Risperdal Unfair Trade Verdict, Lowers Penalty To $136 Million
Posted on 26 Feb 2015 by Tom Moylan

COLUMBIA, S.C. — (Mealey’s) In a 4-1 ruling, the South Carolina Supreme Court on Feb. 25 affirmed that Janssen Global Services LLC engaged in unfair trade practices through its marketing of the atypical antipsychotic drug Risperdal but shortened... Read More

Alabama High Court Again Says Brand-Name Drug Makers Liable In Generic Injury Case
Posted on 18 Aug 2014 by Tom Moylan

MONTGOMERY, Ala. —(Mealey’s) A brand-name drug manufacturer may be liable under Alabama law for fraud or misrepresentation in a drug label used by generic drug makers, the Alabama Supreme Court held Aug. 15 after reconsidering its 2013 decision... Read More

Glaxo To Plead Guilty, Will Pay $3 Billion Stemming From Drug Marketing
Posted on 2 Jul 2012 by Tom Moylan

BOSTON - (Mealey's) GlaxoSmithKline LLC (GSK) agreed June 2 to plead guilty and to pay $3 billion to resolve broad-ranging criminal and civil allegations in Massachusetts federal court regarding the promotion of several prescription drugs, failure... 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

Arizona High Court Adopts Learned Intermediary Doctrine; No Conflict With Tort Law
Posted on 21 Jan 2016 by Tom Moylan

PHOENIX — (Mealey’s) The Arizona Supreme Court on Jan. 21 adopted the learned intermediary doctrine and said it can be used by drug manufacturer Medicis Pharmaceutical Corp. to defend against a drug liability claim ( Amanda Watts v. Medicis... Read More