October 2008

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The Associated Press reports this morning that Fred Baron received Biogen’s drug Tysabri to use as an experimental treatment for multiple myeloma “after a ‘legal basis’ for its use was found.”
We’re not quite sure what the legal obstacle might have been, but we wish both Baron and Biogen the best.

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We don’t know any more than what we’ve read at Pharmalot, but the post there suggests that Pfizer has settled essentially all Bextra and Celebrex personal injury cases, along with the state attorney general cases and the consumer fraud class actions.

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We were saddened to read that prominent trial lawyer Fred Baron is dying of multiple myeloma.
In a funny (peculiar, not funny “ha, ha” — there’s nothing “ha, ha” about this) way, it’s fitting that a legal twist would arise in the last days of his life.
We’ve posted before (here, here,

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We posted a couple of weeks ago about Professor Adam Pritchard’s proposal to amend corporate articles of incorporation to waive the fraud-on-the-market presumption of reliance in securities fraud cases. That would basically eliminate securities class action lawsuits against companies that adopted the amendment (prospectively — from the date the amendment was adopted).

Securities Docket has

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We’ve previously posted (here, here, and here) about Gunvalson v. PTC, in which a federal trial court ordered a drug company to provide an experimental drug to a patient (outside of the context of a clinical trial).
Others on the web have also covered that story.
Because we’re now both involved

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McDarby and Cona v. Merck was the New Jersey state appellate decision that came down in May and addressed a half dozen issues that concern readers of this blog. Among other things, McDarby held that plaintiffs could not pursue personal injury product liability claims under the New Jersey Consumer Fraud Act and that a New