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NJ Trial Court Dismisses Two Hormone Therapy Cases Against Manufacturers
In a significant victory for pharmaceutical companies, the New Jersey Superior Court has granted summary judgment to Wyeth in two hormone therapy cases that had been scheduled for trial last fall. These two cases were Bailey v. Wyeth, Inc., No. L-9999-06 MT (N.J. Law Div. July 11, 2008) and Deboard v. Wyeth, Inc., No. L-1147-06 MT (N.J. Law Div. July 11, 2008).
The plaintiffs, Dora Bailey and Loretta Deboard, alleged that they developed breast cancer as a result of using Premarin, Provera, and Prempro to treat menopausal symptoms. Wyeth and co-defendant Upjohn manufactured the medications. The plaintiffs alleged that the products were defective under the New Jersey Products Liability Act because they failed to include an adequate warning of a risk of breast cancer. The plaintiffs also asserted claims under the New Jersey Consumer Fraud Act, and fraudulent and negligent misrepresentation. Previously, they had voluntarily dismissed claims alleging design defect, breach of implied warranty, breach of express warranty, and negligence.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.