Federal prosecutors announced Monday a record-breaking $3 Billion settlement with the pharmaceutical giant GlaxoSmithKline (“GSK”). The company, which agreed to plead guilty to criminal charges, is accused of illegally promoting its popular antidepressants Paxil and Wellbutrin as well as failing[...]
In 2005, Congress passed the Class Action Fairness Act (“CAFA” or the “Act”). The Act was supposedly drafted to prevent class action lawsuit abuse, but it threw the baby out with the bathwater by making it more difficult for all[...]
Last month, I highlighted the mounting pressure to remedy the inconsistencies and inequities resulting from the Supreme Court’s decision in PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011). In Mensing, the Supreme Court held that generic drug manufacturers cannot[...]
The Wall Street Journal: Big Companies Are the Victim Because Consumers Want to Enforce their Rights.
The Wall Street Journal’s May 4 Opinion page brought me some pause. Not for its crafty wordplay (indeed, the “plaintiffs lobby” was a pretty clever way to portray plaintiffs’ attorneys some kind of back-room, self-interested, policy-buying dealmakers, and somehow the[...]