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litigation 1073 articles

Generic Reglan makers released from Tardive Dyskinesia lawsuit

Wyeth, Inc. and Schwarz Pharma Inc. have been dismissed from a lawsuit filed in Texas involving the drug company’s Reglan (metoclopramide), a medicine used to treat gastrointestinal conditions. The lawsuit alleged that the drug caused the plaintiff to develop a severe movement disorder known as Tardive Dyskinesia. However, the case will proceed against Activis-Elizabeth, L.L.C., makers of a generic version of metoclopramide that the plaintiff was taking. Wyeth and Schwarz originally developed the brand-name metoclopramide, Reglan. They were released from litigation by U.S. District Judge Marcia A. Crone. The case is expected to be ready for trial by January 2011. ... Read More

Women deserve safer options in birth control

The contraceptive business has boomed since the birth control pill hit the market 50 years ago. Now birth control comes in the form of pills, patches, rings, implants and intrauterine devices, and the makers of such products claim they are even safer than before. Judging by the thousands lawsuits filed by women who claim they suffered life-threatening blood clots, strokes and gallbladder problems because of the contraceptives, safety may still be an issue. But Salon.com opinion editor Geraldine Sealey claims birth control pills brought on another, less known, side effect – the loss of her libido. “I hate the pill. ... Read More

Judge awards plaintiffs $2.6 million in first Chinese drywall trial

In the first of a series of bellwether trials involving toxic Chinese drywall, U.S. District Judge Eldon Fallon ruled last week that Taishan Gypsum Co. must pay $2.6 million to repair seven damaged Virginia homes and replace their damaged contents. The case, which was tried in U.S. District Court, Eastern District of Louisiana, New Orleans, will help determine the scope and outcome of pending and future litigation involving homes ruined by the drywall. Thousands of homeowners throughout the U.S. but mostly in Florida and other Southern states allege that the drywall installed throughout their homes, imported from China during the ... Read More

Toyota unintended acceleration cases to be consolidated in California

A U.S. Judicial Panel on Multi-District Litigation (MDL) announced today that it has selected the U.S. District Court for the Central District of California to hear litigation surrounding Toyota sudden unintended acceleration. Dozens of plaintiffs’ attorneys testified before the panel last week in a bid for the jurisdiction. Beasley Allen Attorney W. Daniel “Dee” Miles, head of the firm’s consumer fraud section, had predicted California as the front-runner to hear the cases. Miles has filed a total of five consumer class action lawsuits in four states – Alabama, California, Florida and Georgia – related to Toyota sudden unintended acceleration (SUA). ... Read More

Former Toyota lawyer claims car company covered up safety issues

It was a stress-induced nervous breakdown that convinced Dimitrios Biller to leave his job in 2007 as top in-house defense attorney for Toyota. He says he just couldn’t continue fighting for the car company in product liability and negligence lawsuits when he believed the company was performing “criminal acts” by withholding information it was legally required to turn over to plaintiffs’ attorneys during litigation. When he left, he took about 6,000 memos, e-mails and other internal documents that he calls “very damaging” to the car company once recognized for its outstanding customer care. The documents reference “Books of Knowledge,” highly ... Read More

Bayer facing more than 1,100 lawsuits from women injured by Yaz

Drug company Bayer is facing more than 1,100 lawsuits alleging its popular birth control pill Yaz causes life-threatening blood clots. According to the pharmaceutical company’s 2009 annual report, 129 new suits were filed in November 2009 alone. Many suits have been consolidated into federal multi-district litigation, fueling speculation that more lawsuits are on the way. Yaz, also known by the brand name Yasmin and the generic brand Ocella, is Bayer’s top-selling oral contraceptive and one of the most popular choices among women and doctors for birth control. Last year, the company raked in more than a billion dollars from the ... Read More

hernia patch trial scheduled for march in federal MDL

The first in a series of four bellwether trials involving Kugel hernia patch lawsuits will begin on March 25 in the U.S. District Court for the District of Rhode Island. Chief Judge Mary M. Lisi will preside over the cases in the federal multi-district litigation (MDL). More than a thousand lawsuits have been filed against Davol, Inc., manufacturer of the Composix Kugel Mesh Patches in federal courts. Most of the cases allege injury due to a defect in the patch, which surgeons implant at the site of a hernia. The patches consist of two layers of synthetic mesh bound by ... Read More

Critics question the credibility of new Toyota report

The Los Angeles Times reported that Toyota has “called in the big guns” to help restore its credibility and revamp its tarnished image in the wake of its record recalls. The auto manufacturer has enlisted the help of Menlo Park, California-based engineering and consulting firm Exponent Inc., which has helped extricate numerous corporations from legal quagmires and other jams. “The first thing you know is that when Exponent is brought in to help a company, that company is in big trouble,” environmental consultant Cindy Sage told the Los Angeles Times. Sage specializes in electromagnetic interference, which many safety experts and ... Read More

Lawsuit to halt coal ash dumping held up by landfill’s bankruptcy

The residents of Perry County, Ala., were just gearing up to file a lawsuit against Arrowhead Landfill. The landfill had entered into an agreement with the Tennessee Valley Authority (TVA) to accept coal ash recovered from the east Tennessee spill site, generating millions of dollars and a handful of jobs for the very poor, predominantly black community. But residents argued that the benefits came at too high a price. Coal ash is toxic, containing arsenic and carcinogens that have been linked to serious health problems. To make matters worse, the constant trainload deliveries of coal ash to the landfill were ... Read More

Transportation secretary says people should stop driving recalled Toyotas

Toyota’s recent recall of 2.3 million cars and sport utility vehicles over “sticking” accelerator pedals follows a larger recall last October of 4.2 million vehicles for possible floor mat entrapment. The recalls have created an undercurrent of fear of confusion among Toyota owners, many of whom no longer feel their cars are safe to drive. Apparently, the Department of Transportation is as confused as everyone else. Testifying before a House Appropriations subcommittee on transportation this morning, Transportation Secretary Ray LaHood said that owners of the recalled Toyota models should stop driving their vehicles them until Toyota is able to repair ... Read More