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Results: 1-10 of 10

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

Healthcare lawsuit may move forward

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • September 27 2010

Also on September 14, the healthcare reform lawsuit filed by the Attorneys General of 20 states against the federal government appeared ready to move forward - at least in part

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

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

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

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

Ninth Circuit: automobile insurer did not engage in bad faith by refusing to pre-authorize treatment under PIP coverage

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • February 2 2010

In Sadler v. State Farm Mutual Automobile Insurance Company, No. 08-35859 (9th Cir. Nov. 4, 2009), the insureds sued their insurer for bad faith, among other claims, arising from their insurer’s refusal to pre-authorize surgery under the personal injury protection (“PIP”) provision of the automobile insurance policy

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