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Court examines duty to defend funeral homes accused of participation in organ harvesting
- Edwards Wildman Palmer LLP
- -
- USA
- -
- December 23 2009
A federal judge in Pennsylvania recently examined whether an insurer must defend a crematorium and funeral home against several lawsuits alleging that they participated in an organ harvesting scheme
Scottish Court rejects insurers' challenge over compensation for pleural plaques
- Edwards Wildman Palmer LLP
- -
- United Kingdom
- -
- January 13 2010
The Scottish Court has upheld legislation that maintains the right to compensation for pleural plaques sufferers in Scotland
Supreme Court of Canada considers the meaning of 'accident' under a group policy
- Edwards Wildman Palmer LLP
- -
- Canada
- -
- January 22 2010
In the case of Co-operators Life Insurance v Gibbens, 2009 SCC 59, the insured contracted herpes through unprotected sex and, as a result, developed transverse myelitis, a rare complication of herpes, which left him paralysed from the waist down
Eight Circuit rejects FDA preemption defense raised by generic drug manufacturers
- Edwards Wildman Palmer LLP
- -
- USA
- -
- February 10 2010
On November 27, 2009, the United States Court of Appeals for the Eighth Circuit held that failure to warn claims directed at generic pharmaceutical manufacturers are not preempted by federal law
Jury awards $141 million against Pfizer in connection with off-label use of Neurontin
- Edwards Wildman Palmer LLP
- -
- USA
- -
- April 7 2010
A federal jury in Boston recently returned a verdict against Pfizer Inc. in connection with claims that Pfizer unlawfully promoted off-label uses of its anti-epilepsy drug Neurontin
Jury finds in favor of botox manufacturer in off-label use trial
- Edwards Wildman Palmer LLP
- -
- USA
- -
- May 28 2010
A California jury recently returned a verdict in favor of Allergan, Inc., in a trial involving claims that Allergan’s promotion of an off-label use of its drug Botox caused the death of a pediatric patient suffering from cerebral palsy
Learned intermediary doctrine: Eleventh Circuit upholds summary judgment in favor of manufacturer in lawsuit claiming antidepressant caused suicide
- Edwards Wildman Palmer LLP
- -
- USA
- -
- May 28 2010
The 11th Circuit Court of Appeals recently relied upon the learned intermediary doctrine in affirming summary judgment in favor of Smithkline Beecham Corp. (“SBC”) in a lawsuit claiming that the antidepressant Paxil caused the decedent to commit suicide
Federal Court calls "individual mandate" unconstitutional
- Edwards Wildman Palmer LLP
- -
- USA
- -
- December 16 2010
A Federal Court in Virginia ruled on December 13 that the provision of the Patient Protection and Affordable Care Act requiring most Americans to carry insurance or pay a fine is unconstitutional
Judge allows healthcare reform challenge to move forward
- Edwards Wildman Palmer LLP
- -
- USA
- -
- October 25 2010
On October 14, a federal judge declined to dismiss two of the six claims in a healthcare reform lawsuit filed by 20 states
ERISA litigation: an update from the ALI-ABA conference on financial and insurance litigation
- Edwards Wildman Palmer LLP
- -
- USA
- -
- July 21 2010
ERISA litigation, once considered a dull backwater of the law, has been gaining increased interest and attention in recent years: the result of an aging population and an increasingly sophisticated and aggressive plaintiffs' bar
