What do we hate more — cases that go against us, or 291-page decisions that we’re compelled to read to stay abreast of our field and to share with you in blog posts?
Today, it doesn’t matter. We get the worst of both worlds.
When the Supreme Court decided Bridge v. Phoenix Bond & Indemnity
There’s a settlement announcement on Eli Lilly’s website. It looks like $15 million changed hands. While it’s over (and litigating in Alaska this time of year is no fun), we still have considerable reservations about this type of suit, which we’ll be discussing in the future. This particular suit, however, is history.
Without the question mark, that’s Alaska’s state motto.
With the question mark, it’s our title for a post analyzing the on-going trial in State of Alaska v. Eli Lilly and Company.
The State of Alaska is seeking civil penalties from Lilly under the Unfair Trade Practice Consumer Protection Act of at least $1000 for
By the standards of the web, this is old news — the decision came down on January 29.
And, by our recent standards, it’s unimportant news — we’ve been wallowing in Supreme Court cases, and now it’s back to the trial courts.
But we really liked what a federal trial court did in Ebel v.
By now, you know the urban legend: A partner at Pepper Hamilton wanted to send her co-counsel at Sidley & Austin, Bradford Berenson, an e-mail containing confidential details about a proposed billion-dollar settlement of civil and criminal charges relating to Eli Lilly’s marketing of Zyprexa. She accidentally sent the e-mail to Alex Berenson, of The
Since we’re pharmaceutical product liability defense lawyers, we keep our ears pretty close to the ground in that sandbox. (Yeah, yeah: We get a lot of sand in our ears.) Anyway, we heard rumors that we had spread false information. We had written that a mis-directed e-mail from Pepper Hamilton to Alex Berenson of The
This little ditty from portfolio.com reports that a lawyer for Eli Lilly at Pepper Hamilton meant to send an e-mail about the billion-dollar Zyprexa settlement talks to co-counsel Bradford Berenson at Sidley & Austin.
Instead, the lawyer accidentally sent the e-mail to Alex Berenson at The New York Times.
Oops.
The Indianapolis Star (via Pharmalot) reports that Eli Lilly has agreed to settle another 900 Zyprexa personal injury cases.
25,000 down; 1100 to go.
It’s hard to find a political constituency for the preemption defense. Liberals want to permit plaintiffs to sue; conservatives believe in federalism, and so don’t think the federal government should lightly override state law. What’s a defense lawyer to do?
Be smart, and be careful. We’ve recently posted on the need for defendants to pick
We haven’t yet heard the results of the two-day hearing before Judge Weinstein over the propriety of his injunction seeking to recover internal Eli Lilly documents about Zyprexa that were leaked to the New York Times and elsewhere.
But Professor Bill Childs, at the Torts Prof Blog, has tracked down two reports online. Here’s a