LexisNexis® Legal Newsroom
Burton LeBlanc Hired By La. Office Of Coastal Protection And Restoration

BATON ROUGE, La. - Environmental attorney Burton LeBlanc of Baton Rouge and his firm Baron & Budd have been retained by Louisiana Attorney General James D. "Buddy" Caldwell to provide counsel to the state of Louisiana's designated trustees in connection with issues related to the Deepwater...

Plaintiff Awarded $1.5 Million In Second Bellwether Trial In Kugel Hernia Patch MDL

PROVIDENCE, R.I. - (Mealey's) The second Kugel surgical patch bellwether trial went to the plaintiff Aug. 23 when a Rhode Island federal court jury awarded $1.5 million to a man who claims that the device caused him internal injuries ( In Re: Kugel Mesh Hernia Patch Litigation , MDL Docket No. 1842...

Abbott Withdraws Diet Drug Meridia From U.S. Market

ABBOTT PARK, Ill. - (Mealey's) After an unfavorable assessment by a Food and Drug Administration expert committee regarding cardiovascular risk, Abbott Laboratories on Oct. 8 agreed with an FDA request to withdraw the weight-loss drug Meridia (sibutramine) from the U.S. market. The FDA said it...

Supreme Court Won't Take Up Egregious Fraudulent Misjoinder In Hormone Cases

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Oct. 12 denied review of a circuit court ruling that 112 hormone replacement therapy (HRT) plaintiffs did not fraudulently misjoin nondiverse defendants in order to keep their cases in Minnesota state court and out of federal courts ( Wyeth...

Weitz & Luxenberg’s Robin Greenwald Named To BP Oil Spill Litigation PSC

NEW YORK - Weitz & Luxenberg P.C. has announced that Robin Greenwald, the head of Weitz & Luxenberg's environmental and toxic tort litigation unit, has been selected to serve on the Plaintiffs' Steering Committee in the BP oil spill litigation. The appointment was announced in an Oct...

Scott Summy Co-Lead Counsel On Plaintiffs’ Executive Committee In BP Oil Spill Litigation

DALLAS - Scott Summy , head of Baron & Budd's water contamination team, is one of four attorneys chosen to serve on the Plaintiffs' Executive Committee for the Gulf Oil Spill Multidistrict Litigation (MDL). As co-lead counsel on the Executive Committee, Summy will help coordinate the activities...

2nd Fosamax Bellwether Plaintiff Failed To Prove Causation, 2nd Circuit Affirms

NEW YORK - (Mealey's) The second bellwether plaintiff in the Fosamax multidistrict litigation failed to produce evidence that the osteoporosis drug caused her osteonecrosis of the jaw (ONJ), a panel of the Second Circuit U.S. Court of Appeals ruled Nov. 5 in affirming summary judgment ( Bessie L...

Split High Court: Service Provider Can't Be Held Liable For Misrepresentations

WASHINGTON, D.C. - (Mealey's) A service provider cannot be held liable in a private securities fraud class action for helping or participating in another company's misrepresentations in a prospectus statement for a stock offering because the misstatements were made by another party and not the...

Troutman Sanders LLP: Is Multidistrict Patent Litigation The Next Frontier?

By Robert Angle On January 26, 2012, Bear Creek Technologies, Inc. ("Bear Creek") filed a Notice of Filing Motion for Multi-District Litigation pursuant to 28 U.S.C. § 1407, in Bear Creek Technologies, Inc. v. RCN Telecom Services, LLC, Civil Action No.: 2:11-cv-103 (RAJ/FBS). This...

Abbey Spanier LLP: LCD Screen Makers Settle MDL Antitrust Class Action For Nearly $1B

by Joshua Druckerman LCD screens are everywhere. These power-efficient, lightweight, and slim liquid crystal displays are ubiquitous in just about everything in consumer and industrial electronics these days. Televisions, cars, laptops, cell phones, computer monitors, MP3 players, and many other devices...

William A. Ruskin: Ex Parte Communication With Plaintiff's Prescribing Physician

By William A. Ruskin In product liability litigation, a single tactical advantage may determine whether the case is won or lost. Often, being able to anticipate an issue before it arises and addressing it in the Case Management Order may be critical. This is particularly the case in pharmaceutical...

William A. Ruskin: Lone Pine's Impact On Pharma Products Litigation

By William A. Ruskin We have written previously about the increasing acceptance by courts to entertain the use of Lone Pine orders as a case management tool. For example, in the Happyland Social Club Fire Litigation, which involved 87 wrongful death claims, the Bronx Supreme Court's entry in 1992...

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...

97 Federal Cases Alleging Cancer From Diabetes Drugs Centralized In MDL In California

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...

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...

About 4,000 Pradaxa Lawsuits Settle for $650 Million, Parties Report

EAST ST. LOUIS, Ill. — (Mealey’s) Boehringer Ingelheim and plaintiff lawyers have agreed to settle state and federal lawsuits involving the anticoagulant Pradaxa for $650 million, the parties announced May 28. Boehringer Ingelheim said the comprehensive settlement will resolve state and...

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...

NCAA, Student-Athletes Reach Settlement In Head-Injury Class Action

CHICAGO — (Mealey’s) The National Collegiate Athletic Association (NCAA) and student-athletes claiming head injuries suffered in intercollegiate play reached a $75 million settlement of their federal class action suit July 29 ( In re National Collegiate Athletic Association Student-Athlete...

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...

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...

Preemption Summary Judgment Granted In Incretin-Mimetic Multidistrict Litigation

SAN DIEGO — (Mealey’s) The California federal judge overseeing the incretin mimetic multidistrict litigation on Nov. 9 granted summary judgment to five makers or promoters of the diabetes drugs, finding clear evidence that the Food and Drug Administration would have rejected a new warning...