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Attorneys representing people who say they weren’t properly warned about harsh side effects associated with blockbuster weight loss drugs such as Ozempic and Wegovy are pushing to centralize the lawsuits in a Louisiana federal court, reports Diana Novak Jones.
About 20 lawsuits over the drugs have been filed since August against pharmaceutical companies Novo Nordisk and Eli Lilly, court records show. Attorneys from Morgan & Morgan, which has brought nine of the lawsuits, filed a motion asking the U.S. Judicial Panel on Multidistrict Litigation to consolidate the litigation over the drugs in the Western District of Louisiana.
The lawsuits, which are filed on behalf of people who were prescribed the drugs to treat their diabetes or to help with weight loss, claim the companies downplayed or failed to warn consumers about the risk of side effects like stomach paralysis and intestinal paralysis or obstruction.
It’s not clear whether the companies will oppose the consolidation push. A spokesperson for Novo Nordisk said the company is evaluating the filing and will respond at the appropriate time, while Eli Lilly did not respond to requests for comment. The companies have refuted the claims in court filings, arguing that the side effects of the drugs are well known and printed on their labels.
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- The DOJ urged the 1st Circuit to break new ground by holding that a defendant’s conviction outlasts his death and does not get wiped away just because he died before his appeal could be heard, in a case involving a former biotech chief executive’s securities fraud conviction.
- Anderson Kill is seeking to disqualify a lawyer representing its former CFO Paul Schwartz, in a lawsuit that accuses the firm of forcing Schwartz out after he suffered a fall and concussion last year. The firm said it plans to call Schwartz’s lawyer Tiffany Ma as a “necessary witness” as part of its defense. Ma, a partner at Young & Ma, said they would “let the record speak for itself.”
- British litigation funder Woodsford is not entitled to block Spencer Hosie and Diane Rice, married founders of U.S. law firm Hosie Rice, from disbursing a chunk of the expected proceeds from the sale of their San Francisco Bay mansion, U.S. District Judge Edward Chen ruled. The judge rejected the funder’s argument that it required the injunction to recoup about $1.8 million it is owed by the founders.
- The U.S. Senate confirmed the first Latina judge to serve on the 5th Circuit, giving President Joe Biden his second appointee on a court whose conservative majority has often blocked his policies.
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That’s the bar pass rate for the July 2022 exam for students at 18 California law schools not accredited by the American Bar Association, according to a new report from the State Bar of California. In comparison, graduates of ABA-accredited schools had a 67% pass rate, Karen Sloan reports.
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The Iowa Supreme Court was supposed to hear oral arguments next week in the appeal of a record-setting medical malpractice judgment against an obstetrics clinic accused of causing an infant’s severe brain injuries. That appeal is now stayed amid a blitz of accusations and counterattacks by the medical clinic and the company that provided its malpractice insurance. Alison Frankel has the story of how a case that began as a dispute over the tragic consequences of one infant’s birth has transformed into a high-stakes examination of an alleged conflict between the interests of a policyholder that allegedly wanted to settle and avoid trial and an insurance company that was dedicated to changing malpractice law.
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“In some ways, they’re getting a better deal than the usual bankruptcy discharge.“
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—U.S. Supreme Court Justice Elena Kagan, who was one of the justices leery of allowing the protections the Sackler family received as part of the Purdue Pharma bankruptcy resolution to go forward. The justices seemed torn about the dispute, with Justice Brett Kavanaugh noting that bankruptcy courts had been approving similar plans for 30 years.
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- The FDA will urge the 5th Circuit to reverse a Texas judge’s decision blocking an agency rule requiring graphic health warnings on cigarette packages and in cigarette advertisements. Companies including R.J. Reynolds, ITG Brands and Liggett Group challenged the rule, which would require the use of 11 graphic images, such as those of diseased feet with amputated toes that show possible consequences of cigarette smoking.
- U.S. District Judge William Young in Boston is expected to hear closing arguments in the DOJ’s lawsuit seeking to halt JetBlue’s planned $3.8 billion acquisition of ultra-low cost carrier Spirit.
- A jury trial will begin today over allegations that Disney is liable for copyright infringement based on another company’s misuse of Rearden LLC’s facial-capture software used in Disney’s 2017 remake of the film “Beauty and the Beast.” Rearden, represented by Hagens Berman, is seeking a share of Disney’s profits from the movie and other damages. Disney is represented by Munger Tolles.
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Court calendars are subject to last-minute docket changes.
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- Tesla’s car insurance unit must face a proposed class action claiming it overcharged drivers for their premiums by basing them on “false” crash warnings instead of actual driving behavior, ruled California judge Brad Seligman of Alameda County Superior Court. A Tesla spokesperson and lawyers representing the insurance subsidiary did not respond to requests for comment.
- Warren Buffett’s Berkshire Hathaway declined a judge’s offer for a January trial to resolve its claims that billionaire Jimmy Haslam tried to improperly inflate his stake in a truck stop chain, according to a court filing. Berkshire decided to forgo its request for a speedy trial “given the uncertainty in the amount and type of evidence that will be allowed” under the judge’s conditions, an attorney for Berkshire told the court.
- Generic drugmaker Emcure convinced a federal court in Seattle to throw out a lawsuit that accused it of stealing trade secrets from biopharma company HDT Bio to develop a COVID-19 vaccine. U.S. District Judge James Robart dismissed the case but allowed it to be refiled.
- Biotech company 10x Genomics sued competitor Curio Bioscience, alleging Curio infringed its patents related to genetic analysis, adding to a web of patent disputes over genomics technology. 10x said in its complaint that Curio’s Seeker Kits violate its rights in technology for using barcode sequences to track and analyze genes from tissue samples. Curio representatives did not immediately respond to a request for comment.
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- Willkie brought on partner Simon Baskerville as co-chair of its European restructuring group, based in London. He previously was at Latham. (Willkie)
- Sidley hired transactional partner Andrea Lucan to its energy, transportation and infrastructure group. She arrives from Allen & Overy, where she was the managing partner of the Los Angeles office. (Sidley)
- Kirkland brought back Josh Birenbaum, who advises private equity clients, as a corporate partner in Austin. He most recently was at Allen & Overy. (Kirkland)
- Cahill hired Peter Rooney and James Fang as M&A and corporate advisory partners in New York. The lawyers arrive from Stroock. (Cahill)
- Ogletree Deakins added partner Sherry Talton, who represents employers in disputes, in Seattle. Talton most recently was at Jackson Lewis. The firm also added Martin Römermann as a partner in Berlin from SKW-Schwarz. (Ogletree Deakins)
- Nelson Mullins hired seven product liability lawyers from Lathrop GPM. Partners Robert Thackston, Kurt Greve, and Paula Pendley join in Dallas, and partners Julia Gowin and Nilofar Karbassi arrive in Los Angeles. (Nelson Mullins)
- Epstein Becker Green picked up Kimberly Carter as an employment partner. Carter joins from Kelley Drye, where she led the Los Angeles office. (Epstein Becker Green)
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