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TrialSmith HomeSearch Litigation BankAbout May 27, 2009
Justices to Decide if Vioxx-Related Suit Can Proceed
False Claims Suit Against Pfizer Dismissed
Automaker Seeks Shield from Injury Claims
Judge Grants Summary Judgment in Seroquel Case
Wal-Mart Stampede Sparks OSHA Fine
Justices Decline to Intervene on Damages Against Chrysler
Study: Supreme Court Questions Often Predict Winner
Risk of Pneumonia Greater with Acid Reflux Drugs, Study Finds
 
 
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Laws/Cases
Justices to Decide if Vioxx-Related Suit Can Proceed
The Supreme Court has agreed to hear an appeal by Merck & Co. that seeks to halt a lawsuit accusing the drugmaker of defrauding investors about the dangers posed by the withdrawn painkiller Vioxx. The appeal hinges on whether investors filed the lawsuit within a two-year period from when evidence of alleged fraud first appeared. The 3rd Circuit Court of Appeals had previously ruled that the class action was filed within the two-year window.  Greg Stohr, Bloomberg  05/26/2009
Read Article: Bloomberg    

False Claims Suit Against Pfizer Dismissed
A federal judge in New York has dismissed a false claims lawsuit against Pfizer Inc. over alleged off-label marketing for the cholesterol drug Lipitor. According to the whistleblower complaint, the company sought to boost sales by misleading doctors about Lipitor’s effectiveness in patients with moderately raised cholesterol levels. U.S. District Judge Edward Korman dismissed the claim after finding that the plaintiff failed to identify doctors who prescribed the drug as a result of the alleged off-label marketing campaign.  Patricia Hurtado, Bloomberg  05/26/2009
Read Article: Bloomberg    

Automaker Seeks Shield from Injury Claims
Fiat has asked a federal bankruptcy judge to shield the automaker from "unknowable, but potentially vast" tort claims as it prepares to take over bankrupt Chrysler. Attorneys for Fiat argue that the company should not be held liable for injuries caused by vehicles it had no role in putting on the road. Consumer groups and plaintiff attorneys have asked the judge to protect consumers with current or future injury claims against the struggling automaker.  Christopher Jensen, The New York Times  05/26/2009
Read Article: The New York Times    

Judge Grants Summary Judgment in Seroquel Case
A judge on Tuesday granted summary judgment in favor of AstraZeneca in a lawsuit alleging that anti-psychotic drug Seroquel caused a Kansas woman to develop diabetes. The dismissal of the case arose after the judge ruled to exclude expert testimony for the plaintiff. The case was scheduled to go to trial next month.  Randall Chase, Forbes  05/26/2009
Read Article: Forbes    

Wal-Mart Stampede Sparks OSHA Fine
The Occupational Safety and Health Administration announced Tuesday that it will issues a serious citation to retail giant Wal-Mart for failing to implement safety measures that would have prevented the death of a temporary employee crushed in a holiday shopping stampede. The maximum fine for such a violation is $7,000. According to figures from the most recent quarter, Wal-Mart makes about $23,000 per minute.  Frank Eltman, Newsday  05/26/2009
Read Article: Newsday    

Justices Decline to Intervene on Damages Against Chrysler
The Supreme Court on Tuesday declined to intervene in a lawsuit that resulted in a $13 million punitive damages award against Chrysler LLC. The case stemmed from a 2001 rear-end collision that resulted in the death of an 8-month-old boy. The lawsuit claimed that the front passenger seat of the Dodge Caravan in which the boy was riding collapsed, resulting in a fatal skull fracture. A Tennessee appeals court had previously ruled to uphold the damages against Chrysler.  AP, San Francisco Chronicle  05/26/2009
Read Article: San Francisco Chronicle    

Study
Study: Supreme Court Questions Often Predict Winner
In a Supreme Court case, the party that is asked the most questions by the justices is more likely to lose, according to a theory developed by a former Georgetown law student and recently tested in a study by four political scientists. In the study, to be published in the Washington University Journal of Law and Policy, the researchers found that if the two sides received an equal number of questions the court was likely to reverse in 64 percent of cases. However, if the side seeking reversal receives between 50 and 94 additional questions the likelihood of reversal drops to between 39 and 18 percent.  Adam Liptak, The New York Times  05/25/2009
Read Article: The New York Times    

Risk of Pneumonia Greater with Acid Reflux Drugs, Study Finds
A class of acid reflux drugs routinely given to hospital patients may increase the risk of pneumonia, a new study has concluded. According to researchers, patients who received the so-called proton pump inhibitors were more than twice as likely to develop pneumonia as those who were not. Proton pump inhibitors include the drugs Nexium, Prilosec and Prevacid. The study is scheduled to be published in the Journal of the American Medical Association this week.  Roni Caryn Rabin, The New York Times  05/26/2009
Read Article: The New York Times    



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