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Case Briefing

ALM Staff & Law Journal Newsletters &

Recent rulings of interest to you and your practice.

Features

Reducing Frivolous Litigation Image

Reducing Frivolous Litigation

Michael R. McDonald, Kim M. Catullo & Michelle M. Bufano

In the first installment of this article, published last month, we discussed the problem of frivolous lawsuits against drug and medical device firms and how state legislatures have been moving to curb frivolous suits in another arena - professional negligence - through the introduction of a requirement for an affidavit of merit. This month, we look at how the lessons learned in the case of professional negligence suits could be applied to reduce the filing of unfounded complaints against drug and medical device makers.

Videotaped Depositions: Goldmine or Curse? Image

Videotaped Depositions: Goldmine or Curse?

Linda S. Crawford

Times have changed. Depositions, used at trial for impeachment purposes, are now more than just dry words on a page. Increasingly, they are on videotape and the courts are happy about that. <i>Weseloh-Hurtig v. Hepker</i>, 152 F.R.D. 198, 201 (D. Kan. 1993). Should lawyers feel the same way? Well, it depends on whether you are the attorney taking the deposition or if you are the one whose client's deposition is being captured on video. It can be a blessing or it can be the death knell for your case. Let's look at this developing trend.

Resolving Mass Torts with Bankruptcy Funds Image

Resolving Mass Torts with Bankruptcy Funds

Kami E. Quinn

The ongoing effort to resolve globally the problem of overwhelming mass-tort liability continues this year through legislation. A Senate bill to create a trust administered by the Department of Labor, funded by industry and insurance contributions, was voted down in April. Whether this proposed resolution ultimately fares better than those preceding it remains to be seen. In the meantime, however, the Rand Institute for Civil Justice reports that by the end of 2002, at least 56 companies had turned to bankruptcy to find the resolution and finality they needed to get back to their business. Others will undoubtedly follow before any global solution is ultimately reached.

News from the FDA Image

News from the FDA

ALM Staff & Law Journal Newsletters &

All the latest from the Agency.

Class-Action Limitation Bill Fails on Senate Floor Image

Class-Action Limitation Bill Fails on Senate Floor

ALM Staff & Law Journal Newsletters &

On a procedural vote on July 8, the U.S. Senate declined to move forward a bill that would have limited the use of class-action lawsuits. Although the Class Action Fairness Act reportedly had the support of at least the 60 Senators needed to take up the bill, efforts by some to attach unrelated provisions to it led to its doom.

News from the FDA Image

News from the FDA

ALM Staff & Law Journal Newsletters &

Agency news you need to know.

Reducing Frivolous Litigation Image

Reducing Frivolous Litigation

Michael R. McDonald, Kim M. Catullo & Michelle M. Bufano

Frivolous lawsuits are one of the most problematic issues facing drug and medical device companies today. Many frivolous lawsuits are either ultimately dismissed for lack of causation after years of litigation and the expenditure of exorbitant sums of money in defense costs, or settled by corporations that are not culpable, but "litigation-weary." This waste of time and resources easily could be avoided if plaintiffs were required to submit an affidavit of merit with respect to product defect and/or causation at the inception of the case. Part One of a Two-Part Article.

Features

Clinical Trial Transparency Image

Clinical Trial Transparency

Janice G. Inman

There's a newly urgent push from outside the pharmaceutical research and development community to get drug firms to disclose the results of all tests conducted on new drugs, even those that don't lead to the marketing of new medications.

Case Briefing Image

Case Briefing

ALM Staff & Law Journal Newsletters &

Recent rulings of interest to you and your practice.

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