LexisNexis® Legal Newsroom
Merck To Settle Suits Alleging Jaw Damage From Osteoporosis Drug

WHITEHOUSE STATION, N.J. — (Mealey's) Merck & Co. Inc. has agreed to pay $27.7 million to resolve product liability suits alleging that its osteoporosis drug Fosamax caused osteonecrosis of the jaw (ONJ), or bone death, according to a press release the company issued Dec. 9 ( In Re: Fosamax...

William A. Ruskin: New York State Court Of Appeals: Injury Required For Medical Monitoring

By William A. Ruskin | In a landmark decision, the NYS Court of Appeals rejected medical monitoring claims in the absence of a physical injury in Caronia v. Philip Morris , No. 227, slip op. (N.Y. Dec. 17, 2013) [ enhanced opinion available to lexis.com subscribers ]. By way of background, on May...

William A. Ruskin: How You Draft A Liability Disclaimer Really Matters

By William A. Ruskin Contract negotiations involving limitations on liability and disclaimers of damages for breach of contract and tort claims can have significant ramifications for the contracting parties if the business relationship falls apart and litigation results. Under New York law, how the...

William A. Ruskin: A Deal Is A Deal: Ecogen Wind Prevails In Windfarming Dispute

By William A. Ruskin | The New York Law Journal reported on January 2, 2014 that the Town of Prattsburgh, which, during the relevant time, had virtually no laws, codes or requirements on the books governing the installation of wind turbine facilities, was not permitted by the court to retroactively...

William A. Ruskin: The Success Of The SDNY Mediation Program

By William A. Ruskin The Mediation Program of the SDNY provides litigants in commercial litigation with an opportunity, generally early in their litigation, to resolve their disputes without going through the expense of full-blown discovery and the uncertainty of trial. As reflected in the Mediation...

Norton Rose Fulbright: New York Court Says Medical Device Distributor’s Lost Profits Are Direct, Not Consequential, Damages

By Frederick Robinson and Glen Banks In its March 27th opinion in Biotronik A.G. v. Conor Medsystems Ireland Ltd . 1 [ enhanced opinion available to lexis.com subscribers ], a sharply divided New York Court of Appeals ruled that a "no consequential damages" clause in a distribution agreement...

NYC Asbestos Litigation Justice Ends Deferral Of Punitive Damages, Keeps CMO Intact

NEW YORK — Continued deferral of punitive damages in New York City Asbestos Litigation (NYCAL) unfairly prejudices plaintiffs, and fears of runaway verdicts bankrupting defendants appear overblown in light of the standard necessary for such awards, a New York justice held today. The justice also...

United States Supreme Court Remands Patent Case For Review As To Whether Terms In The Patent Are Sufficiently Define Under The Patent Act

The United States Supreme Court, on June 2, 2014, handed down the opinion in the case of Nautilus Inc. v. Biosig Instruments, Inc, 13-369 . Biosig Instruments, Inc. (Biosig) held a patent for a heart rate monitor and filed a patent infringement action against Nautilus, Inc. (Nautilus) that claimed that...

2nd Circuit: $5M Contingent Payment Pursuant To Sept. 11 Settlement Not Triggered

NEW YORK — (Mealey’s) The Second Circuit U.S. Court of Appeals on June 9 found that a lower federal court erred in ordering the WTC Captive Insurance Co. Inc. to make a $5 million first contingent payment pursuant to the settlement of personal injury claims filed against the City of New York...

U.S. Supreme Court Rejects Saudi Arabia’s Appeal Disputing Reopening Of 9/11 Suit

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on June 30 refused to hear the Kingdom of Saudi Arabia’s appeal of the Second Circuit U.S. Court of Appeals’ finding that a lower federal court erred in denying insurers’ motion to reopen a judgment that dismissed sovereign...

Breaking News: Imprisoned Upstate New York Chimpanzee Denied Habeas Corpus Relief By The Supreme Court Appellate Division.

In a case held up as a potential groundbreaker for the animal-rights movement, Tommy, the chimpanzee at issue, was specifically denied status as a person in a unanimous opinion issued by the court. Judge Karen Peters wrote: “We conclude that a chimpanzee is not a person entitled to the rights and...

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...

Jury Verdict Round-Up: Top 10 Medical Malpractice Verdicts of 2014

During 2014, the attorney editors on the LexisNexis Jury Verdict team covered several notable medical malpractice verdicts from across the country. This informal list of top 10 cases captured our attention, so we thought you might like to hear about them. Our list includes substantial plaintiff’s...

Thinking About Skipping Out on Jury Duty?

A New York trial court fined a no-show juror $250 for skipping out on his juror responsibilities. The case, Matter of Richard N., 45 Misc. 3d 632, 994 N.Y.S.2d 514, 2014 N.Y. Misc. LEXIS 3969, 2014 NY Slip Op 24251 (N.Y. Sup. Ct. 2014) , involving a motor vehicle accident, commenced a summary jury...

Boston Scientific Pays $600 Million To Settle Guidant Contract Suit By Johnson & Johnson

MARLBOROUGH, Mass. — (Mealey’s) Boston Scientific Corp. on Feb. 17 announced that it has agreed to pay Johnson & Johnson (J&J) $600 million to settle a nine-year-old lawsuit alleging that Guidant Corp., which is now a Boston Scientific subsidiary, in 2006 interfered with J&J’s...

Another Specialty Pharmacy Settles Exjade False Claims Allegations For $45 Million

NEW YORK —(Mealey’s) Specialty pharmacy Accredo Health Group Inc. on April 30 agreed to pay $45 million to settle a whistle-blower’s allegations that its efforts to push prescriptions for the iron chelation drug Exjade resulted in false claims being submitted to federal health care...

2nd Circuit Finds NSA’s Bulk Metadata Program Not Authorized By Patriot Act

NEW YORK — (Mealey’s) A Second Circuit U.S. Court of Appeals panel on May 7 found that the National Security Agency’s bulk telephone metadata collection program is not authorized by Section 215 of the USA Patriot Act, reversing a trial court’s dismissal of the lawsuit brought...

A ‘Gossip Girl’ Cross-Continent Custody Catastrophe Case

Kelly Rutherford, an American actress known for her role in the television show “Gossip Girl,” has been involved in a custody dispute regarding her two minor children. Ms. Rutherford’s former husband, Daniel Giersch, was previously given custody by a California court. As he was unable...

New York Judge Rule That Chimpanzees Are Still Not Entitled To Habeas Relief

In an opinion issued on July 29, 2015, Judge Barbara Jaffe of the New York State Supreme Court, New York County, denied a petition for writ of habeas corpus filed on behalf of Hercules and Leo, two chimpanzees in the custody of the State University of New York at Stony Brook. The petitioner, a nonprofit...

Ballard Spahr LLP: Pharmaceutical Companies Get Off-Label Marketing Victory

. . . A federal judge ruled that the Food and Drug Administration (FDA) cannot prohibit a pharmaceutical company from marketing its drugs for off-label uses if its claims are truthful and not misleading. This ruling, while not precedential, alters the traditional compliance analysis regarding the legality...

Cadwalader: Pharmaceutical Manufacturer's Preemptive Suit Secures Preliminary 1st Amendment Protection for Script to Promote Off-Label Use

On August 7, 2015, the U.S. District Court for the Southern District of New York invoked the First Amendment, granting Amarin Pharma, Inc. ( Amarin ) preliminary protection against federal criminal prosecution for misbranding and allowing Amarin to promote its drug, Vascepa, for off-label use through...

GM Will Pay $900 Million To Settle Defective Ignition Switch Claims

CHICAGO — (Mealey’s) General Motors LLC and the U.S. Department of Justice (DOJ) on Sept. 17 announced that they have reached a $900 million settlement of claims against the automaker pertaining to the company’s misleading of the government and the public with regard to faulty ignition...

New York Judge Finds First Amendment Protects Writer Of Expletive-Filled Protest On Speeding Ticket Payment Form

In May 2012, Connecticut resident William Barboza received a speeding ticket while driving on New York State Route 17 through the Village of Liberty, New York. Barboza pleaded guilty by mail and received a payment form in the mail. In August 2012, Barboza filled out the form and, in frustration, crossed...

New York State Jury Awards $11.6M In Medical Malpractice Action Against Radiologist

On Jan. 25, 2012, Kevin Orr arrived at the Emergency Department at Glens Falls Hospital, with a documented history of dizziness, headache, and inability to stand. A CT scan was ordered and read by radiologist James E. Bell, M.D., of Adirondack Radiology Associates, P.C. The CT scan allegedly showed that...

Biting at the Apple East Coast Style

On February 29, 2016, Magistrate Judge James Orenstein of the United States District Court for the Eastern District of New York denied the federal government’s application for an order requiring Apple, Inc. to bypass the passcode security of a criminal defendant’s iPhone 5s. The case is separate...