American Association for Justice
News Brief
The AP (3/18, Johnson) reports that “a New Jersey judge has rejected efforts by consumers who took the painkiller Vioxx [rofecoxib] to be able to sue as a group to recover their out-of-pocket costs,” according to Merck & Co. (more…)
American Association for Justice
News Brief
NBC Nightly News (3/30, story 9, 0:30, Williams) reported, “A California nut producer is recalling its entire yearly crop of pistachios, over a million pounds of them. And a California processing plant is under investigation for a possible salmonella outbreak. A nationwide recall of mixed nuts and trail mix went into effect last week. Officials have traced the problem to a California company called Setten Farms. There have been no reports of illnesses tied to this batch.” (more…)
American Association for Justice
News Brief
Wyeth, Philip Morris rulings said to mark Supreme Court’s shift away from business bias. Bloomberg News (4/1, Stohr) reports, “The high court’s order yesterday dismissing Philip Morris USA Inc.’s appeal of a $79.5 million smoker award left companies winless in the three biggest business cases resolved so far in the court’s 2009-10 term. The justices, who declined to rule on the Philip Morris case, said in earlier decisions that consumers can sue over ‘light’ cigarettes and prescription drugs.” While “the recent decisions against companies don’t mark a new trend or an emerging sympathy toward plaintiffs’ lawyers, according to attorneys who appear before the court,” these recent “rulings nonetheless underscore how the court’s pro-business tendencies don’t always translate into litigation victories.” Robin Conrad, executive vice president of the Chamber of Commerce’s litigation unit, said, “It does belie the stories that we’ve read that this court has a bias toward business.” (more…)
Edited from article by Mark Sherman, Associated Press Writer
The Supreme Court on Wednesday upheld a $6.7 million jury award to a musician who lost her arm because of a botched injection of an anti-nausea medication. The court brushed away a plea for limiting lawsuits against drug makers.
In a 6-3 decision, the court rejected Wyeth Pharmaceuticals’ claim that federal approval of its Phenergan anti-nausea drug should have shielded the company from lawsuits like the one filed by Diana Levine of Vermont. Levine, 63, struggled with her emotions when told of the ruling in a phone call from an Associated Press reporter Wednesday: “Oh, my God. I’m so, so happy. I can’t believe this phone call,” she said. (more…)