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NECC Tort Claimants Envision $100M Fund, Reorganization Plan By December 2013
BOSTON - A bankruptcy committee representing tort claimants against New England Compounding Center (NECC) on May 2 told a federal court that its objective is to get a reorganization plan confirmed for...
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NECC MDL Plaintiffs Seek Discovery From 3rd Parties With Possible Liability
BOSTON - Plaintiffs in the fungal meningitis multidistrict litigation on April 29 asked the court to partially lift its discovery stay to permit them to seek information from other potentially...
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Judge Dismisses Attempt To Reverse FDA Reclassification Of Knee Repair Device
WASHINGTON, D.C. - A District of Columbia federal judge on April 10 granted summary judgment against an orthopedic device maker that wanted to reverse the Food and Drug Administration's...
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Conn. Federal Judge Denies Alternative Punitive Damages In Prempro Cancer...
NEW HAVEN, Conn. - A Connecticut federal judge on May 2 denied a Prempro breast cancer plaintiff's request to enter an alternative judgment on punitive damages (Margaret B. Fraser, et al. v. Wyeth,...
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Merck, Kentucky To Discuss Global Resolution Of Vioxx Consumer Lawsuit
LEXINGTON, Ky. - Merck Sharp & Dohme Corp. and the Kentucky Attorney General's Office have agreed to discuss global resolution of the state's Vioxx consumer lawsuit, according to a federal court...
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Bowel Prep Claim Began To Run With Doctor's Observation, Calif. Appeals Panel...
SACRAMENTO, Calif. - A doctor's statement that a bowel preparation drug resulted in a patient needing kidney dialysis was enough for a plaintiff to suspect wrongdoing, a divided California appeals...
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Magistrate Judge: Plaintiffs Can't Share Discovery Across 5 Related MDLs
CHARLESTON, W. Va. - A West Virginia federal magistrate judge overseeing five pelvic mesh multidistrict litigations on May 9 denied a plaintiffs' motion to modify pretrial orders to allow them to...
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Plaintiffs Also Want MDL For Franck's Drug Cases, But In Los Angeles
WASHINGTON, D.C. - Plaintiffs in 20 federal lawsuits who claim that they were injured by contaminated compound drugs made by Franck's Lab Inc. on May 7 said they unanimously support centralization of...
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Effexor Birth Defects MDL Sought By 2 Plaintiffs For Philadelphia Federal Court
WASHINGTON, D.C. - Two plaintiffs on April 24 asked that federal lawsuits alleging that Effexor antidepressant caused birth defects be centralized in a multidistrict litigation in Pennsylvania (In Re:...
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Plaintiffs' Attorney Stan Chesley 'Permanently Retired' After Ky. Disbarment
COLUMBUS, Ohio - Stanley M. Chesley, a prominent plaintiffs' attorney and mass tort litigator, retired in April, about a month after the Kentucky Supreme Court permanently disbarred him for taking an...
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Judge: Shareholders Pleaded Scienter, Loss Causation In KV Pharmaceuticals Suit
ST. LOUIS - Lead plaintiffs in a securities class action against KV Pharmaceuticals Co. and certain of its current and former executive officers have properly pleaded scienter and loss causation in...
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Tanning Devices Reclassified; Under 18 Use Discouraged Under Proposed FDA Rule
SILVER SPRING, Md. - The Food and Drug Administration on May 6 proposed reclassifying sunlamp products - more commonly known as tanning beds or tanning booths - from Class I to Class II medical...
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10th Circuit Reverses Ruling In Professional Liability Coverage Dispute
DENVER - The 10th Circuit U.S. Court of Appeals on May 13 reversed a lower court's ruling that claims brought against an investment adviser insured in an arbitration did not relate back to earlier...
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Insured's 'Valiant Effort' Not Enough To Defeat No Coverage Ruling, Judge Rules
CONCORD, N.H. - Although a law firm insured has made a valiant effort to argue that an underlying malpractice claim against it was first "made" within a professional insurance policy period, its...
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Judge: Fraudulent Billing Not Professional Service Or Negligent Act Under Policy
TACOMA, Wash. - Underlying False Claims Act (FCA) claims against an insured were for fraudulent billing practices, which are not considered professional services or negligent acts under a medical...
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Judge: Suit Seeking $357,091 From Insurer Is Barred By Collateral Estoppel
GAINESVILLE, Ga. - A lawsuit seeking recovery of an underlying $357,091.33 consent order and final judgment against a law firm insured is barred by collateral estoppel, a Georgia federal judge ruled...
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Insurer Had No Independent Duty To Investigate Unfair Trade Claims, Judge Finds
BILLINGS, Mont. - A Montana federal judge on April 26 ruled that a professional liability insurer did not neglect to attempt settlement of an underlying debt collection dispute in good faith in...
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Law Firm, Others Oppose Motion To Bar Coverage For Malpractice Claims
HOUSTON - A law firm and others accused of mishandling Texas state court silica litigation claims oppose an insurer's motion for summary judgment on its duty to defend or indemnify, arguing in a March...
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Insurer Seeks Reconsideration Of Ruling In Professional Liability Coverage...
FLORENCE, S.C. - A professional liability insurer on April 4 moved for reconsideration of a South Carolina federal judge's finding that the insurer's arguments as to the insured's claims for bad faith...
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Illinois Panel: No Coverage For Claims That Meat Producer Illegally Used...
CHICAGO - The First District Illinois Appellate Court, Fifth Division, on May 10 affirmed a lower court's ruling that an insurer has no duty to defend its meat-producing insured against federal...
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