Publication Source Archive: Law360

A California appeals court revived claims Tuesday that Merck & Co. and other diabetes drugmakers failed to warn about their drugs’ pancreatic cancer risks, finding a lower court erred in not considering scientific evidence the U.S. Food and Drug Administration hadn’t evaluated. “In light of the [Ninth] Circuit’s reversal of Judge Battaglia’s order, which the…Read the article

In a motion to dismiss, drugmakers accused Ohio cities and counties of disregarding an April case management order requiring the disclosure of prescriptions that the governments believe were medically unnecessary or medically inappropriate. Hunter Shkolnik of Napoli Shkolnik PLLC, a top attorney for the local governments, fired back on Friday, calling the motion “a ridiculous…Read the article

Uber Technologies Inc. will pay $1.3 million to settle Fair Labor Standards Act claims from more than 5,000 drivers who aren’t bound by arbitration agreements and alleged the ride-hailing giant misclassified them as independent contractors instead of employees, according to a North Carolina federal court filing. Given the risks of continuing with litigation, a $1.3…Read the article

Tyco Fire Products LP, 3M Co. and other companies that produced a fire suppressant foam have told a Massachusetts federal court that a suit filed by a group of Cape Cod residents claiming the product caused illnesses should be tossed, arguing the allegations couldn’t properly be connected to specific manufacturers. Paul Napoli of Napoli Shkolnik…Read the article

According to a notice made public August 15th, the New Jersey Supreme Court Justices in July granted multicounty litigation status to about 353 cases alleging Sanofi U.S. Services Inc., Sanofi-Aventis U.S. LLC, Sandoz Inc. and Actavis LLC failed to adequately warn consumers about the risk of permanent hair loss as a result of using the…Read the article

A special master appointed to oversee a discovery dispute in multidistrict litigation over the opioid crisis partially granted a request by counties for more information from a McKesson Corp. investigation into suspicious drug order oversight, finding the counties are entitled to witness names but that statements and terms used in the investigation are protected work…Read the article

The drugmakers are taking issue with requirements to produce certain data stretching back to 1996, records related to any schedule II opioids and documents produced previously in any litigation involving the marketing or distribution of opioids. Hunter Shkolnik of Napoli Shkolnik PLLC, a top plaintiffs attorney in the MDL, told Law360 that the (defense) parties…Read the article

The Spearmint Rhino chain of nightclubs and a group of exotic dancers who worked there were ordered by a California federal judge Tuesday to explain how the U.S. Supreme Court’s decision in Epic Systems impacts a contested $8.5 million settlement in their case. The clubs, led by Santa Barbara Hospitality Services Inc., had drawn the…Read the article

Daily fantasy sports players, DraftKings, FanDuel and their payment processors asked a Massachusetts federal court on Tuesday to pause the multidistrict litigation in which the players accuse the companies of operating an illegal online gambling enterprise while the parties pursue settlement talks. An agreement would end allegations that DraftKings and FanDuel falsely advertised for years that their…Read the article

A New York dog owner filed a putative class action in federal court on Friday against the Smucker’s-owned company that make Kibbles ‘n Bits dog food, claiming the food was falsely touted as safe even though it was contaminated with a drug used to euthanize animals. In her complaint, Rosmarie Schirripa said despite statements from…Read the article