Last week we surprised even ourselves by including Judge Weinstein’s December 1 Zyprexa decision as one of top ten best decisions of 2009. That opinion concluded, albeit reluctantly, that Mississippi’s claims could not be adjudicated on a mass basis. Even Judge Weinstein acknowledges that sometimes (we would say more than sometimes) issues of causation, injury,
Right now, it looks like Lilly’s got the “big mo” in the Zyprexa litigation. Hard on the heals of Judge Weinstein’s dismissal of the Mississippi AG action, Lilly chalked up another win yesterday in Philadelphia against a third party payor. Here’s a copy, Pennsylvania Employees Benefit Trust v. Eli Lilly & Co., 2009 WL
We tried to think of a great issue to explore today – and struck out. So instead we’ll discuss this and that – various things that we’re aware of, but that we haven’t gotten around to mentioning.
The top of the agenda, of course, is a review of Judge
This just in – Eli Lilly has received summary judgment against the Mississippi Attorney General’s consumer fraud lawsuit in all respects – except one. The court left the state’s claim based on the difference between the price paid for Zyprexa and the value received by the State alive, but largely because that issue is currently
We’ve been following with interest the recent activities in the Zyprexa litigation, since it looks like the plaintiffs in this batch of cases are dropping like flies. We admit, though, that we haven’t been particularly complete about those developments, since our prior posts describe only five summary judgment grants.
We’re not sure whether the Zyprexa
Judge Weinstein granted three more summary judgment motions yesterday in the Zyprexa mass tort. The reasoning is essentially the same for two of them – the statute of limitations ran, and there was no warning causation under the learned intermediary rule. The third case had no statute of limitations issue, and was solely a causation
Score two for Lilly in the Zyprexa litigation.
Last Friday, in In re Zyprexa Prods. Liab. Litig. (Clark v. Eli Lilly), 04-MD-1596, slip op. (E.D.N.Y May 29, 2009) (link here), Judge Weinstein granted summary judgment in favor of Lilly in a case decided under Pennsylvania law.
Sixteen-year-old Charles Clark was diagnosed with bipolar
Judge Jack Weinstein is ordinarily pretty lenient when it comes to whether expert witnesses satisfy the Daubert standards for testifying.
Yesterday, however, he excluded an expert in the Zyprexa MDL on Daubert grounds.
(Don’t get us wrong here. Judge Weinstein also denied motions to exclude two experts yesterday. But we’re choosing to focus on the
This just in:
The Second Circuit has granted Eli Lilly’s petition under Rule 23(f) to review Judge Weinstein’s decision certifying a class in the Zyprexa litigation.
Our earlier posts about Judge Weinstein’s order are here and here.
The entire text of the Second Circuit’s docket entry reads:
1/15/09 Order FILED GRANTING motion leave to
In the Zyprexa MDL, Judge Jack Weinstein has just issued his order certifying a class of third party payors — insurance companies and the like — who allegedly overpaid for prescriptions of Zyprexa.
Judge Weinstein declined to certify a class of individuals who bought Zyprexa.
The case is In re Zyprexa Products Liability Litigation, 04-MD-1596,