GSK Pays for its Past, But What About its Future

July 03, 2012

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[...]

The Jury Is Out

June 21, 2012

Observers around the country have been describing the disappearance of the civil jury trial for quite some time.  In recent years, fewer than two percent of federal actions have gone to trial and less than one percent were heard by[...]

A Look at CAFA: Seven Years in the Making

June 06, 2012

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[...]

A New Role for Jurors in Civil Trials

June 04, 2012

As of July 1, 2012, jurors will play a much more active role in civil jury trials in Illinois, a change that may be met with both excitement and reluctance.  On April 3, 2012 the Illinois Supreme Court adopted the[...]

The Continued Fight to Undo Mensing

May 30, 2012

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.

May 09, 2012

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[...]