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Direct to Consumer Pharma Marketing, Tonight on 'The American Law Journal'
American doctors wrote more than 164 million prescriptions for antidepressants in 2008. How much was that due to direct to consumer drug advertising? Aside from the moral questions, how does that advertising affect pharmaceutical product litigation and what happens in the courtroom?It's not exactly rare for the Litigation Daily to hear that the opposing side disagrees with how we characterize a victory in a high-stakes case. But after our Monday story asked whether AstraZeneca's Seroquel was shaping up to be the mass tort that wasn't, we got an intriguing earful from one of the leading Seroquel plaintiffs' lawyers. Weitz & Luxenberg partner Paul Pennock claimed that, "far from going away, Seroquel is about to reveal AstraZeneca as one of the worst managers of a mass tort litigation in history."
Deciding Jurisdiction in Patent Appeals
In Holmes Group Inc. v. Vornado Air Circulation Systems Inc., the U.S. Supreme Court vacated a ruling that Federal Circuit jurisdiction can be based on a patent law counterclaim. Vornadomay cause strategic forum shopping, pleading strategies and races to the courthouse, since plaintiffs will now have more ability to direct their non-patent claims to the circuit courts of appeals of their choosing.We called Mendelsohn after reading about a newly disclosed, eight-country probe of four pharmaceutical companies and noting the rapid upward spiral of recent FCPA settlements. His prediction: FCPA defense is only going to get hotter.
Coordinating Multidistrict Cases in N.Y. State Courts
Over the past few years, coordination of multiple actions pending in different judicial districts has been used to promote judicial efficiency by providing unified management of cases. While the main purpose of New York's Rule 202.69 was to provide a formal mechanism for efficiently handling mass tort cases, coordination applies to all categories of cases and can be useful in a variety of commercial actions.After an eight-year odyssey through the California courts, San Francisco antitrust lawyer Joseph Alioto may have finally reached the end of the line in a sprawling price-fixing case against Big Pharma.
Merck Recruiting Some Big-Time Help for Vioxx Litigation
With the initial glare of public scrutiny and market recoil over Vioxx behind it, Merck & Co. now is arming for another battle that will be key in determining the company's survival. For the beleaguered pharmaceutical giant, a looming courtroom battle entails building an expansive legal infrastructure to deal with liabilities that could be as much as $18 billion.State AI Legislation Is on the Move in 2024
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