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Additional Insured Entitled To Attorney Fees, Florida Majority Rules In Reversal
MIAMI - The University of Miami is entitled to be indemnified for attorney fees and costs incurred in an underlying lawsuit stemming from a pool accident, a majority of a Florida appeals panel ruled...
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Federal Judge: Claims Arise Out Of Insured's Performance Of Professional...
SANTA ANA, Calif. - Underlying claims against an insured arise out of its performance or failure to perform professional services, a California federal judge ruled Feb. 26 in a coverage dispute arising...
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Utah High Court: No Defense Owed For Suits Over Marketing Of Weight Loss Product
SALT LAKE CITY - Underlying claims do not "arise out of" an insured's "use of another's advertising idea" in the sense required for coverage under a commercial general liability insurance policy, the...
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Jury Awards $11M In Compensatory, Punitive Damages In N.J. Pelvic Mesh Trial
ATLANTIC CITY, N.J. - A New Jersey court last week ordered the Ethicon Endo-Surgery Inc. subsidiary of Johnson & Johnson to pay $11.11 million in compensatory and punitive damages to a woman who...
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Fla. Federal Jury Awards $250,000 In Zometa Jaw Injury Case
JACKSONVILLE, Fla. - A Florida federal jury on Feb. 27 awarded $250,000 to a plaintiff and his wife after finding that Novartis Pharmaceuticals Corp.'s Zometa bisphosphonate drug caused the man's...
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Federal Judge Excludes Experts, Grants Novartis Judgment In Aredia/Zometa Suit
SAN FRANCISCO - A plaintiff in an Aredia/Zometa products liability action failed to present reliable expert testimony linking the drugs to her osteonecrosis of the jaw (ONJ), a federal judge in...
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Par Pharmaceutical Pleads Guilty To Off-Label Promotion, Pays $45M In...
NEWARK, N.J. - Par Pharmaceutical Cos. Inc. on March 5 pleaded guilty to misbranding its Megace ES anti-wasting drug by promoting it for off-label use in geriatric patients and will pay $45 million to...
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Appeals Court Vacates $27M Verdict, Orders New Trial For Promotion Video Injury
PHILADELPHIA - In a 3-1 ruling, a Pennsylvania Superior Court panel on March 1 vacated and remanded for new trial a $27.6 million verdict in which a jury found that orthopedic device maker Zimmer Inc....
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Pa. Appeals Court Affirms Prempro Defense Verdict; No Causation Confusion
PHILADELPHIA - A Pennsylvania state appeals court panel on Feb. 22 said that a Prempro plaintiff who lost her case at verdict failed to preserve her objection to language in the verdict form and that...
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Pfizer: 95 Percent Of Hormone Therapy Claims, 80 Percent Of Chantix Claims...
NEW YORK - Pfizer Inc. said Feb. 28 that it has settled or agreed to settle about 95 percent of its hormone replacement therapy (HRT) product liability cases and about 80 percent of its Chantix injury...
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Paxil Birth Defect Plaintiffs Didn't Preserve All Issues, Pa. Appeals Court Says
PHILADELPHIA - A Pennsylvania judge improperly ruled on the credibility of plaintiffs' evidence in granting summary judgment in a Paxil birth defect case, but a state appeals court panel on March 4...
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9th Circuit Upholds Wire Fraud Conviction Of InterMune CEO For False Press...
SAN FRANCISCO - A federal appeals panel on March 4 affirmed the conviction and sentencing of former InterMune Inc. CEO W. Scott Harkonen, M.D., for wire fraud for issuing a press release that...
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U.S. High Court Allows Solicitor General To Argue For Drug Design Defect...
WASHINGTON, D.C. - The U.S. solicitor general will be allowed to argue March 19 that design defect claims involving generic drugs are preempted by federal law, the U.S. Supreme Court decided March 4 in...
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Design Defect Preemption Case Before U.S. Supreme Court Attracts 15 Amicus...
WASHINGTON, D.C. - Fifteen amicus curiae briefs from drug companies, drug trade associations, congressmen, former Food and Drug Administration commissioners, law professors, advocacy groups and even a...
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Court: St. Jude Heart Valve Claim Barred By Minn. 6-Year Statute Of Limitations
ST. PAUL, Minn. - A widow's claim that a defective St. Jude Medical Inc. heart valve killed her husband began to run under Minnesota's six-year wrongful death statute of limitations when the device was...
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Merck Pays $8.25M To Settle Pa. Suit Alleging Failure To Disclose Vioxx Risks
HARRISBURG, Pa. - Merck, Sharp & Dohme has agreed to pay $8.25 million to settle a state court lawsuit by Pennsylvania alleging that the company violated consumer protection, Medicaid and drug...
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MDL Court: Darvon Plaintiff Showed He Took Drug Made By Former Brand-Name Maker
COVINGTON, Ky. - A drug manufacturer that made Darvon ingested by a plaintiff may be liable for failing to warn him of the drug's risk even though it later sold the drug's rights, the Kentucky federal...
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California Jury Deliberates DePuy ASR Injury Verdict
LOS ANGELES - A California state court jury on Feb. 28 began deliberations in what is believed to be the first DePuy ASR XL hip injury case to go to trial (Loren Kransky, et al. v. DePuy, Inc., et al.,...
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Zimmer Subsidiary Agrees To Produce Swiss Documents In Durom Hip MDL
NEWARK, N.J. - Zimmer GmbH, the Swiss subsidiary of Zimmer Holdings Inc., will not seek to remove cases in which it is named as a defendant to Switzerland and will voluntarily produce documents located...
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Texas Appeals Court Reverses $10M Judgment Against Houston Fen-Phen Attorney
HOUSTON - A Texas state appeals court panel on Feb. 28 reversed a $10 million judgment against a fen-phen attorney after finding that an expert for former clients was improperly allowed to testify that...
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