118 results

• Talcum Powder Case Ends in Mistrial After Controversial Supreme Court Ruling on State Court Litigation

  June 20, 2017

  Irvin Jackson

  A Supreme Court ruling may have far-reaching impacts on consolidation of product liability lawsuits, and has already resulted in a mistrial in a St. Louis talcum powder cancer trial.

• Discovery Sanctions Must Be Compensatory, Not Designed To Punish, Supreme Court Rules

  April 25, 2017

  Irvin Jackson

  The Supreme court has overturned a $2,7 million punitive award against Goodyear, over the company's discovery misconduct in a tire blowout lawsuit, saying that such penalties must only compensate the other party for additional legal fees incurred by the discovery activities that were conducted in bad faith.

• California Supreme Court Weighs Holding Brand Names Liable For Genetic Drug Problems

  June 16, 2016

  Irvin Jackson

  California's highest court is weighing whether brand name drug manufacturers can be held liable for failure to warn claims involving generic versions, which must exactly clone the brand name warning label under federal law.

• Lawsuits Over Testosterone Generic Drugs Survive Pre-emption for Fraudulent Off-Label Marketing

  March 9, 2016

  Austin Kirk

  A federal judge has ruled that plaintiffs can continue to pursue off-label marketing claims against generic testosterone drug manufacturers, even though failure to warn claims are preempted.

• Identification of Generic Zofran Lawsuits Sought by GSK in Birth Defect Litigation

  February 24, 2016

  Austin Kirk

  The makers of Zofran are attempting to weed out birth defect lawsuits which may have involved a generic version of the drug.

• Class Action Settlement for Individual Claims Do Not Avoid Liability for Entire Class: Court

  January 21, 2016

  Russell Maas

  The Supreme Court has ruled that defendants cannot avoid a class action lawsuit by offering a settlement to the plaintiff that initially filed the claim.

• Essure Injury Lawsuits Filed in Philadelphia Hang On Federal Judge’s Decision

  January 20, 2016

  Irvin Jackson

  Essure lawsuits in Pennsylvania federal court face a dismissal challenge based on preemption laws, as lawmakers and plaintiffs attempt to get FDA approval for the birth control devices revoked.

• GlaxoSmithKline Urges MDL Court to Dismiss Zofran Failure to Warn Claims Early in Birth Defect Litigation

  January 13, 2016

  Austin Kirk

  A federal judge will hear discussions over whether to dismiss all Zofran birth defect lawsuits on Thursday, and whether even asking at this stage of the litigation is appropriate.

• Risperdal Verdict of $124M to Stand After Appeal Rejected by Supreme Court

  January 12, 2016

  Irvin Jackson

  An attempt to have a Risperdal marketing verdict of $124 million overturned has been rejected by the U.S. Supreme Court, exhausting Johnson & Johnson's last avenue for appealing the 2011 decision.

• Generic Drug Labeling Rules Change Delayed by FDA, Placing Consumers at Risk: Group

  December 7, 2015

  Irvin Jackson

  The FDA has again delayed implementation of new rules designed to close a loophole that allows generic drug manufacturers to avoid litigation when they fail to update label warnings alerting the medical community to harmful drug side effects.