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New York Law Journal

Bristol Myers Squibb Wins Dismissal of $6.4 Billion Lawsuit Alleging Intentional Delay of Cancer Drug

U.S. District Judge Jesse Furman dismissed the action, finding plaintiff was never properly appointed as successor-trustee and therefore was unable to bring the suit on behalf of shareholders.
3 minute read

National Law Journal

'Unfair Business Practices'?: Lawsuits Allege Big Pharma Multiple Sclerosis Drug Monopoly

"Biogen's anticompetitive conduct, and the PBMs' participation in it, delayed and substantially diminished the sale of generic Tecfidera in the United States, and unlawfully enabled Biogen to sell Tecfidera and Vumerity at artificially inflated units and prices," according to the allegations in three complaints accusing Biogen of monopolizing the multiple sclerosis drug market.
3 minute read

New Jersey Law Journal

3rd Circuit Revives Fosamax MDL Over Questions of Preemption

The decision, which the U.S. Court of Appeals for the Third Circuit said was a "close call," hinged on whether an informal communication in the form of a letter the FDA sent to Merck was sufficient to establish preemption.
4 minute read

The Recorder

Who Got the Work: O'Melveny Set to Defend Abbott Labs in Digital Privacy Class Action

The complaint, filed by Almeida Law Group and Siri & Glimstad on Aug. 1 in the U.S. District Court for the Central District of California, alleges violations of the Electronic Communications Privacy Act and the California Invasion of Privacy Act; invasion of privacy - intrusion upon seclusion; and unjust enrichment.
4 minute read

Law.com

Ex-Nurse's 'Individualized, Idiosyncratic Religion' Claims Against COVID-19 Vaccination Mandate Allowed to Proceed, Judge Rules

"Here, the plaintiff has alleged that a core principle of being 'Pagan' is submitting to natural forces and refusing artificial medical aid," U.S. Chief Judge F. Dennis Saylor IV wrote. "She has asserted that the mRNA technology used to develop some of the COVID-19 vaccines makes them unnatural and impermissible, as distinct from the virus-derived annual flu vaccine. That asserted connection is sufficient to support a plausible claim that accepting at least some of the COVID-19 vaccines would violate a tenet of her idiosyncratic religion."
4 minute read

Law.com

Cigna's Express Scripts Sues Federal Trade Commission

"The FTC has taken unconstitutional actions in publishing a report that ignores the evidence provided by our company and other [pharmacy benefit managers], demonstrates clear ideological bias and advances a false and damaging narrative—narrative that could harm the health care system by removing essential checks and balances which would result in higher drug prices for American consumers," The Cigna Group Chief Legal Officer Andrea Nelson said.
3 minute read

New Jersey Law Journal

Drugmaker Accused of Overhyping Proposed COVID Treatment Agrees to $3M Settlement

"Plaintiffs assert that lenzilumab's prospects of success were overstated, that defendants failed to disclose material adverse nonpublic information concerning the scientific merits of repurposing lenzilumab as a COVID treatment as part of a scheme to mislead investors into purchasing shares of Humanigen stock," U.S. District Judge William J. Martini said.
4 minute read

Delaware Business Court Insider

Novo Nordisk Files Patent Claims to Fend off Generic Rivals of Wegovy

Sun Pharma of India and Mylan Pharmaceuticals of West Virginia seek FDA approval of generic versions of the popular weight-loss drug. Novo Nordisk says the efforts infringe on its patent.
3 minute read

Delaware Business Court Insider

Chancery Again Rules in Plaintiff's Favor in Earnout Provision Dispute

Alexion Pharmaceuticals Inc. could later be ordered to pay more in damages for another claim in which Zurn ruled against it, but Alexion's counterclaim against Shareholder Representative Services, represented by Quinn Emanuel Urquhart & Sullivan, is yet to be decided. Alexion is represented by Wilks Law and Arnold & Porter Kaye Scholer.
3 minute read

New York Law Journal

Bristol Myers Urges Dismissal of $6.4 Billion Lawsuit, Arguing Lack of Subject Matter Jurisdiction

Bristol Myers Squibb counsel from DLA Piper told U.S. District Court Judge Jesse Furman on Friday that the UMB Bank NA had no standing to sue -- claiming the bank was not properly appointed as successor trustee.
3 minute read

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