Posts Tagged ‘Defense’

Plaintiffs’ Counsel Kiss Their Pro Hacs Goodbye After Messing With Defense Expert

Wednesday, July 14th, 2010

The title pretty much says it all, but it is rare that you have a state supreme court weighing in on whether revocation of a pro hac is an appropriate sanction for plaintiffs’ lawyer shenanigans, so we call it to your attention. Recently, a North Carolina judge revoked the pro hac vice status of two (non-resident) plaintiffs’ lawyers in a case involving powdered Similac. See Sisk v. Transylvania Comm. Hosp., __ S.E.2d __, 2010 WL 2403438 (N.C. (more…)

Hot Off The Presses – Statute of Repose Defense Win in Fen-Phen Appeal

Friday, August 28th, 2009

This is a Bexis only post. Herrmann represents Wyeth and doesn’t want to go on record on this.

We mentioned the Montgomery v. Wyeth case before, here. Well we’re pleased to report that the Sixth Circuit today affirmed the defense summary judgment in Montgomery, slip op. here. The moral of Montgomery is – be on the lookout for statutes of repose, they can be your friends.

That goes double (more…)

Defense Briefs Filed In Pennsylvania Contingency Prosecution Case

Thursday, August 13th, 2009

Back in January, we put up a short post noting the filing of a petition for extraordinary (“King’s Bench”) review in the case of Commonwealth v. Janssen Pharmaceutica, Inc., No 0108002818 (Pa. C.P. Phila. Co.). It’s a case involving alleged off-label promotion of Risperdal, a widely prescribed “atypical” anti-psychotic medication. We posted a copy of the petition challenging the state’s decision (more…)

Department of Defense and VA to Improve Medical Records

Monday, April 13th, 2009

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The State-Of-The-Art Defense In Drug/Device Cases After Levine

Friday, March 20th, 2009

Wyeth v. Levine
, 2009 WL 529172 (U.S. March 4, 2009), was the Court’s discussion of the “changes being effected” regulation,
id.
at *7-8, which in turn depended on the existence of either “newly acquired information” or “new analyses of previously submitted data.”
Id.
at *7. Factually, there wasn’t much of a record, so the Court held, essentially, that the defendant hadn’t proven the (more…)