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lawyers 469 articles

Talc industry influenced regulatory agencies’ public opinion of talc safety, lawyers claim

The first talc trial of the new year is underway in Missouri and Law360 is closely following the proceedings. Johnson and Johnson and talc provider Imerys Talc America are being sued by Nora Daniels, who blames Johnson’s Baby Powder for the ovarian cancer she developed after years of using it for feminine hygiene. Last year St. Louis courts held Johnson and Johnson responsible in three similar cases, ordering the company to pay damages of nearly $200 million. Imerys was also found liable in the most recent of the three trials. According to Law360, in the opening arguments the plaintiffs’ attorney ... Read More

5-Hour Energy makers ordered to pay $4.3 million for misleading Washington consumers

President Donald Trump’s travel ban wasn’t the only issue Washington state Attorney General Bob Ferguson was fighting on behalf of the citizens of his state. The same week a three-judge panel with the 9th U.S. Circuit Court of Appeals refused to remove a Seattle judge’s restraining order on the ban – a virtual win for Ferguson – Washington’s King County Superior Court Judge Beth M. Andrus slapped the makers of 5-Hour Energy drink with nearly $4.3 million in penalties and attorneys’ fees in a case brought by Ferguson alleging the company’s ads were misleading Washington consumers. Ferguson brought the suit ... Read More

AbbVie fights sharing physician notes with lawyers suing over testosterone replacement therapy side effects

Drug maker AbbVie Inc., embroiled in lawsuits alleging its testosterone replacement therapy AndroGel caused heart attacks, strokes and blood clots, told an Illinois federal judge that allowing plaintiffs access to documents belonging to a doctor employed by the company was beyond what was proper in the multidistrict litigation (MDL). The plaintiffs steering committee (PSC) asked U.S. District Judge Matthew Kennelly to compel AbbVie to produce the documents of Dr. Adrian Dobbs, an endocrinologist and professor at The Johns Hopkins University School of Medicine, who plaintiffs consider a “key opinion leader” with the drug company because she was paid to persuade ... Read More

Former Bio-Rad Executive Awarded Nearly $11 Million In Whistleblower Retaliation Case

A federal jury in California awarded the former general counsel/executive vice president of Bio-Rad Laboratories nearly $11 million in compensatory and punitive damages in a whistleblower retaliation lawsuit he filed against the company. Sanford Wadler sued California-based Bio-Rad, which produces life sciences and clinical diagnostic chemicals, in U.S. District Court for Northern California, claiming the company fired him in June 2013 in retaliation for blowing the whistle on potential Foreign Corrupt Practices Act violations in China. Mr. Wadler accused Bio-Rad of terminating his employment just before the company was to present its findings from an internal investigation into bribery in Russia, ... Read More

Plaintiffs Lawyers Argue Against Legal Immunity For Self-Driving Car Makers

Plaintiffs lawyers are pushing back against a number of regulatory proposals governing liability issues for autonomous self-driving cars and their manufacturers as these “robot cars” inch closer to becoming a reality on U.S. roads. One main point of contention is a proposal to grant automobile manufacturers blanket legal immunity in cases where their autonomous vehicles crash and cause personal injury. The proposal comes as industry groups, legislators, lawyers, and others hash out the legal and regulatory framework for self-driving cars, which is proving to be as complex as the technology behind the cars itself. “Alternative immunity schemes” being considered include ... Read More

Celgene Urges Judge To Reconsider $40 Billion False Claims Act Case Ruling

Drugmaker Celgene has asked a California federal judge to reconsider his decision to allow most of a $40 billion False Claims Act lawsuit to advance, arguing that a recent Ninth Circuit ruling requires the court to apply standards established by the Supreme Court in the recent Escobar case that the whistleblower cannot satisfy, Law360 reports. In December, U.S. District Judge George H. King, Central District of California, ruled that the bulk of whistleblower Beverly Brown’s False Claims allegations can move forward. Ms. Brown’s lawsuit alleges that the drugmaker promoted its bone cancer drugs Thalomid and Revlimid for unapproved purposes and ... Read More

California May Soon Put Cancer Warnings On Monsanto’s Roundup

California took a big step toward requiring agribusiness giant Monsanto to label its glyphosate herbicide Roundup as a probable cancer risk when a Fresno County Superior Court judge tentatively ruled Jan. 27 in favor of the warning. A formal decision on the matter, expected to come within days, is now all that separates California regulators from requiring Monsanto to warn the public of Roundup’s potential link to cancer. Once state authorities enforce an order for the warning, Monsanto would have a year to comply. California is one of the biggest markets in the world for Monsanto’s Roundup, which is sold ... Read More

Whistleblower False Claims Act Suit Against Maine Hospital Proceeds

A whistleblower who filed a False Claims Act lawsuit against a Maine hospital alleging it fraudulently overbilled Medicare will see her complaint move forward after a federal judge dismissed a motion by the defendants to toss the complaint. Jennifer Worthy, former manager of patient accounts at Mercy Hospital in Portland, Maine, filed her whistleblower complaint in 2014 against the hospital, its parent company Eastern Maine Healthcare Systems, and two medical billing companies – Accretive and California Healthcare Billing. She alleges Mercy Hospital and the other defendants engaged in a number of schemes to overcharge Medicare, including “unbundling” bills for medical ... Read More

California talc litigation update

In California there are more than 300 plaintiffs involved in a coordinated litigation against Johnson and Johnson and talc supplier Imerys Talc America Inc.. The lawsuit was created in June last year by women represented by over 30 different attorneys, who allege their development of ovarian cancer was caused by the “wrongful conduct” of the defendants — the “unreasonably dangerous and defective nature” of talcum powder when used in the female genital area, Law360 reports. Meanwhile in New Jersey, federal lawsuits that were filed across the country have been consolidated into a multidistrict litigation (MDL). Leadership for this MDL was appointed in ... Read More

PG&E Poised To Pay $3 Million Criminal Penalty For San Bruno Blast

Pacific Gas & Electric (PG&E) will pay the maximum $3 million fine and has agreed to a court-appointed monitor to oversee its compliance with safety regulations after a federal jury convicted the utility of deliberately flouting pipeline safety laws in connection to the deadly natural gas pipeline explosion that decimated part of San Bruno, California. But the company is pushing back against prosecutors’ demands that it restructure its employee bonus program and develop an advertising campaign publicizing its criminal conviction and loose safety oversight. Prosecutors argue that the $3 million fine alone would be nothing but a “drop in the ... Read More