March 24, 2015
by Addison Morris
The US Supreme Court their ruled Tuesday in Omnicare, Inc. v. Laborers Dist. Council Constr. Industry Pension Fund that a statement of opinion does not qualify as an "untrue statement" even if the opinion ultimately turns out to be incorrect. The federal government filed a claim against Omnicare, ...[read more]
March 31, 2014
by Addison Morris
The US Supreme Court on Monday granted certiorari in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. to determine how the US Court of Appeals for the Federal Circuit is to interpret claims in a patent appeal. Federal appeals courts traditionally review a district court's conclusion only to ...[read more]
June 24, 2013
by Endia Vereen
The US Supreme Court ruled 5-4 Monday in Mutual Pharmaceutical Company, Inc. v. Bartlett that generic drug design defect claims that turn on the adequacy of a drug's warnings are preempted by federal law under PLIVA, Inc. v. Mensing. Justice Samuel Alito delivered the opinion of the court, which ...[read more]
March 20, 2013
by Julia Zebley
The US Supreme Court heard arguments in Mutual Pharmaceutical Company, Inc. v. Bartlett Tuesday to consider whether design defect claims can be brought when a generic drug does not present all the warnings the brand-name version of the drug does, and thus causes injury. Attorneys for Mutual ...[read more]
November 8, 2012
by Addison Morris
The Supreme Court of Canada ruled Thursday that the Viagra patent held by pharmaceutical giant Pfizer Inc. is no longer valid, opening the door for generic competition. The court ruled 7-0 against Pfizer on an appeal from Israeli-based Teva Pharmaceutical Industries Ltd., the world's largest ...[read more]
July 2, 2012
by Rebecca DiLeonardo
The US Department of Justice (DOJ) and British pharmaceutical giant GlaxoSmithKline (GSK) on Monday announced that they had reached a $3 billion settlement in a series of criminal and civil healthcare fraud cases against the drug company. As part of the agreement, GSK pleaded guilty to three ...[read more]
June 23, 2012
by Jaimie Cremeans
The Wisconsin Supreme Court on Friday upheld a money judgment against Pharmacia Corporation for inflating drug prices to Wisconsin Medicaid in violation of Wisconsin Statutes 100.18, the Wisconsin's Deceptive Trade Practices Act (DTPA) and 49.49(4m)(a)2, the Medicaid Fraud Statute. In 2009, a ...[read more]
June 18, 2012
by Rebecca DiLeonardo
The US Supreme Court ruled 5-4 Monday in Christopher v. SmithKline Beecham Corp. that pharmaceutical sales representatives (PSRs) qualify as outside salespeople under the Fair Labor Standards Act (FLSA), making them ineligible for overtime under the act. The Department of Labor (DOL) had stated ...[read more]
May 29, 2012
by Garrett Eisenhour
On May 29, 2008, a Texas state appeals court overturned a $26 million jury verdict against pharmaceutical giant Merck awarded to widow Carol Ernst, who alleged that her husband died after taking painkiller Vioxx. That same day, the New Jersey Appellate Division reduced a jury award in a separate ...[read more]
April 17, 2012
by Jaclyn Belczyk
The US Supreme Court ruled unanimously Tuesday in Caraco Pharmaceutical Laboratories, Ltd v. Novo Nordisk A/S that a generic drug manufacturer may employ the counterclaim provision of the Hatch-Waxman Act to force correction of a use code that inaccurately describes the brand's patent as covering ...[read more]

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