Product Liability/Mass Torts
Although Merck has a record of six wins, two losses, and one mistrial in bellwether cases, will the tide turn against the company when the thousands of remaining cases are sent back to their home courts?
A Florida woman who claims that she was injured by Teva's generic version of a brand drug manufactured by Wyeth and Schwarz Pharma can't sue any of the companies, an Eleventh Circuit panel ruled on Tuesday. The panel found that the woman's claims against Teva were barred by a U.S. Supreme Court ruling, and that her claims against Wyeth and Schwarz were barred by Florida law.
The number of mass torts filings in the United States hasn't seen a precipitous drop-off, but profit margins for the law firms defending those cases have taken a hit.
The Georgia Court of Appeals has ruled that a lower-court judge should have allowed two lawyers for Ford to defend themselves before she threw them out of a wrongful death trial involving a Ford Explorer.
U.S. District Judge William Alsup has indicated he'll certify a class of California residents in a flood insurance case against Wells Fargo, but he wants different counsel on the case.
The Philadelphia Court of Common Pleas, recently a hotbed for mass-tort litigation, may have seen its mass claims drop by 70 percent in 2012. But that does not mean that mass torts are slackening elsewhere.
Once again, generic drug makers have Kirkland & Ellis partner Jay Lefkowitz to thank for closing off one of the few remaining avenues for plaintiffs to bring product liability claims against them in state court.
Days after approving a $150 million class action settlement between direct purchasers of nasal spray Flonase and manufacturer GlaxoSmithKline, a federal judge has approved a $35 million settlement between GSK and the indirect purchasers of the drug.
The case, which Susman Godfrey filed on Monday, has echoes of similar litigation over crop contamination by Bayer AG's genetically modified rice that resulted in a $750 million settlement two years ago.