Takeda Settles Actos Cases for $2.3B

4/30/2015 In a great example of “CYA,” Takeda settles Actos cases for $2.3B. The agreement, yet to be approved by the plaintiffs, is a result of last year’s whopping smackdown in which a federal jury awarded a shopkeeper $9B, payable by Takeda and it’s former partner, Eli Lilly & Co. The court reduced that award


Supreme Court Unanimous EEOC ruling a Unanimous Victory?

4/30/2015 In what has been initially hailed as both a small victory for companies as well as for employees, the Supreme Court ruled unanimously on Wednesday, April 29th, that proper Equal Employment Opportunity Commission (EEOC) procedures may be subjected to court oversight. More specifically, the Court mandated that the EEOC must make an attempt at




Boston Scientific Pelvic Mesh Developments

Pelvic mesh litigation now comprises over 60,000 cases in the federal MDL, proceeding in the Southern District of West Virginia, and notable developments in the MDL and in cases proceeding in state and federal courts continue as cases prepare for bellwether trials. Judge Goodwin issued a fascinating opinion on the application of the learned intermediary


Punitive Damages, Deterrent Effect, and the Constitution

Judge Rebecca F. Doherty entered an amended judgment on October 27, 2014, reducing a $6 billion award of punitive damages against Takeda and a $3 billion award against Eli Lilly in Allen v. Takeda Pharmaceutical Co. Ltd. et al., Civil No. 6:12-cv-00064, a case in the Actos MDL, proceeding in the Western District of Louisiana,


Los Angeles Juries Aren’t Always Pro-Plaintiff

Generally speaking, California is where a plaintiff is best off bringing a product liability lawsuit.  But not always, as shown by this defense verdict in a case against a helmet manufacturer.  Lawyers for Richard and Kandy Eubanks had asked for $18 million in damages, most of it for the future lifetime care of their 20-year-old son, Justin, who


Average Medtronic Settlement Is $33,000 Dollars

Somewhat coincidentally, I drove past a Medtronic facility the day this was announced.    “Medtronic is pleased we were able to negotiate terms that were mutually agreeable to the parties,” Christopher Garland, a company spokesman, said in a telephone interview. The settlement covers about 8,100 cases, or “virtually all” U.S. claims, Garland said. The settlement resolves