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Viagra Insurance Suit Can Proceed
A class action challenging the policy of N.Y.'s Oxford Health Plans and Oxford Health Insurance regarding coverage for the erectile dysfunction treatment Viagra has been cleared to proceed in a harsh-worded decision by a federal judge in Brooklyn. The judge rejected Oxford's contention that the suit should be dismissed for plaintiffs' failure to exhaust the administrative claims process provided by the insurance plans. The judge called Oxford's contention offensive to "notions of fairness and common sense."Four defendants have settled in the last two weeks, including all the chipmakers that took the lead in litigating against Wi-LAN's infringement claims. With less than a week to go before trial in East Texas--and with the remaining defendants running scared--we're guessing more licensing deals are in the offing.
We've been pretty down on the prospects for Alien Tort Statute cases lately, but in a pair of recent rulings, there's a ray of hope for plaintiffs.
Scalia as Chief Justice? Maybe, Maybe Not
Speaking to a conservative Federalist Society crowd, Supreme Court Justice Antonin Scalia elicited a particularly hearty roar and ovation with a joke about how Democrats are wary of a Chief Justice Scalia in a second Bush term. "Please," he said. "It was supposed to be funny!" But with Chief Justice William H. Rehnquist ailing with cancer, Scalia is doing nothing to discourage talk that he would like to be President Bush's pick if Rehnquist steps aside this year.Mukasey's First Task as AG: Filling Ranks
Now that President George W. Bush has nominated Michael Mukasey to succeed Alberto Gonzales as attorney general, the question is how much influence the retired federal judge -- widely viewed as a consensus nominee who will be confirmed -- will wield in filling the unusually high number of vacancies at the Department of Justice. Former Justice officials and past administration appointees say Mukasey may have an opportunity to put his stamp on the department. That is, if the White House allows him to.After a series of setbacks, the Federal Trade Commission and private challengers to deals that keep generic drugs off the market may have finally gotten a big break.
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