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The Mass Tort Bonanza That Wasn't
PPA, an ingredient in cold medicine alleged to cause strokes, looked like a mass tort bonanza for plaintiffs lawyers. But it wasn't. Though there are still a few plaintiffs firms with significant PPA caseloads, many others are closing down their PPA dockets, settling the cases for what they can and dismissing the rest. Why the PPA mass tort bust? Defendant drug companies dug in, defying conventional wisdom about the dangerous corporate implications of litigation uncertainty.According to Gibson Dunn's Scott Edelman, client USC and its Trojans mascot are more deserving of the SC mark than South Carolina, which uses "a goofy little chicken" for its logo.
Georgia Justices Ease Rules for Prosecuting Medicaid Fraud
The Georgia Supreme Court has reversed a pair of lower court rulings that had threatened the state's ability to prosecute millions of dollars in Medicaid fraud. Among 18 other decisions released on Monday, the justices ruled the American Red Cross could not be held liable for distributing blood, which was later given to a patient, that did not conform to its HIV-screening procedures.Sidley Austin was lead counsel for Norfolk Southern Railway, which operated a tanker that derailed in Graniteville, S.C., in 2005. As part of the deal, the company will also stock 3,000 fish in a local pond.
Fen-Phen Trials May Test New Damages System
If the 53,000 fen-phen users who opted out of the national settlement agreement with Wyeth Corp. were expecting a simple negotiation to net a larger check, they were wrong. After a string of headline-grabbing losses, the drug company's lawyers have been quietly collecting verdicts of their own. In Georgia, as in other jurisdictions, Wyeth is asking to split the trials into two parts in a procedure called "reverse bifurcation," which protects the company from "back door" punitive damages.Employee Accuses Red Hot Law Group of Fraud
When Carl R. Johnston joined Atlanta's Red Hot Law Group, he knew he'd be making less money than at a traditional firm, but he expected a share from a stock incentive plan that Red Hot said was in the works to provide opportunities to invest in its high-tech clients. The problem: Red Hot didn't implement the plan while he was there, and didn't intend to, he says. So he sued Red Hot and its founder for fraud.LG suffered another loss in its suit against Whirlpool for falsely advertising that its steam dryers produced steam. After a trial last year in which it won just one count under Illinois's Uniform Deceptive Trade Practices Act, a federal judge has thrown out that result, too.
Contrasting verdicts in two trials over Pfizer's drug Prempro prove the importance of a judge willing to block damaging evidence from the jury. On Wednesday a federal jury in Bridgeport found that a Pfizer subsidiary wasn't liable for the 2006 death from breast cancer of a 62-year old nurse who used Prempro. In contrast, a jury in nearby New Haven returned a $4 million verdict against Wyeth in a different Prempro trial a month ago.
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