Associate Corporate Counsel for Counsel Financial Services Johnson & Johnson will pay $1.25 million for the death of a 14-year-old who suffered blood clots in her lungs after using the Ortho Evra birth control patch. Five million women have used the ... [Read more...]
COMMENTARY: FDA Amendments Act Scandal Protects Big Pharmaceutical Companies
On Jan. 16, 2008, the Food and Drug Administration issued a proposed rule that directly contradicts Congress' expressed intent when it passed the Food and Drug Administration Amendments Act of 2007 (FDA Amendments Act of 2007). The act bestows the ... [Read more...]
COMMENTARY: Vioxx Suit & the Greatest Posturing of All Time
After more than three years of telling the world that it did nothing wrong and that it will defend itself case by case for as long as it takes, Merck did a 180-degree turn when it announced Nov. 9 that it had settled most of its Vioxx litigation ... [Read more...]
COMMENTARY: Bayer Fraud or “Regrettable Human Error”?
A Nov. 5 Associated Press story reported that under government pressure, Bayer said it would immediately halt worldwide sales of anti-bleeding drug Trasylol. The Food and Drug Administration asked the manufacturer to stop selling the drug, approved ... [Read more...]
COMMENTARY: Wyeth Lawsuit – Runaway Jury or Runaway Pharmaceutical Company?
Twelve jurors in a Reno, Nev., trial found that pharmaceutical giant Wyeth's hormone-replacement therapy drugs caused breast cancer in the three Nevada women who brought the lawsuit. The jury awarded the three women compensatory damages in the ... [Read more...]
COMMENTARY: The Corporate Reaction to Defective Product Litigation
Nine-month-old Liam John died of asphyxiation in his crib on April 11, 2005. The drop rail had detached from its plastic track, creating a gap through which Liam slipped feet-first. Instead of falling to the floor, which could have been bad enough, ... [Read more...]
Keyword Infringement? : American Airlines Claims Google Violated Trademark Laws
A recent suit filed by American Airlines brings into question Google’s use of searchable keywords used for sponsored links. American is suing Google for selling trademarked terms to other companies. This allows for someone to search the web for a ... [Read more...]
COMMENTARY: Binding Arbitration Restricts Access to Courts
If a contract had this language in it… Any disputes regarding the provisions of services under this contract or the terms of this contract will be determined by arbitration in Tarrant County, Texas, pursuant to the Texas General Arbitrator Act ... [Read more...]
Death Penalty Losing Support as Science Uncovers Flaws
The thought of being sentenced to serve time for a crime you didn't commit certainly can cause uneasiness and fear. Add the possibility of facing the death penalty as an innocent person and your mind may question whether the system we have in place ... [Read more...]
COMMENTARY: Justice or “Checkbook” Justice?
Do people with money, power or celebrity operate under a different legal standard than those without? Is justice for sale? We seem to be offended by this notion but let it happen. We have come to expect that Charlie Sheen will get chance after chance ... [Read more...]