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Results: 1-10 of 11

ERISA litigation: an update from the ALI-ABA conference on financial and insurance litigation
  • Locke Lord 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
  • Locke Lord 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
  • Locke Lord 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
  • Locke Lord 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
  • Locke Lord 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
  • Locke Lord 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


Supreme Court of Canada considers the meaning of 'accident' under a group policy
  • Locke Lord 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


Scottish Court rejects insurers' challenge over compensation for pleural plaques
  • Locke Lord LLP
  • United Kingdom
  • January 13 2010

The Scottish Court has upheld legislation that maintains the right to compensation for pleural plaques sufferers in Scotland


Court examines duty to defend funeral homes accused of participation in organ harvesting
  • Locke Lord 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