LJN Newsletters

Merck & Co., founded in 1891, has a slogan -- what it calls its "guiding philosophy." That philosophy is, "patients first." In the first of many Vioxx trials expected to be litigated in state and federal courts across the country, the jury wasn't buying it. On Aug. 19, after a month-long trial, ten out of 12 jurors -- the number needed to return a verdict of guilty -- found Merck liable to the plaintiffs, survivors of a man who took Vioxx for pain relief. The damages award was staggering: $24.5 million in economic losses and compensation for mental anguish and $229 million in punitive damages.

Recent news you need to know.

As a practical matter, the decision of whether to settle claims brought against a policyholder is typically left to the insurer. The interests of the insurer and the policyholder are typically aligned, whether it is because of the policyholder's inherent desire to resolve the litigation, or the insurer's vastly greater experience in defending and settling claims. For claims falling within policy limits, however, there remains an enhanced possibility of a dispute between the policyholder and insurer over whether to settle. All litigation expenses will be borne by the insurer, as will the costs of any judgment. In contrast, continuing the litigation is a nominal cost for the policyholder. The policyholder may also have collateral interests at stake. In the most common of examples, a physician may wish to fight a malpractice claim rather than settle because of the potential damage to his or her professional reputation, a loss of business, an increase in future premiums, the potential termination of the policy, or impairment to his or her ability to obtain future coverage.

Recent decisions you need to know.

In wealthy communities, like Greenwich and Darien, CT, country club membership can take on momentous significance. Nevertheless, the question of whether club membership is marital property has not been settled. A recent case tackled the problem and left it unanswered.

Death, divorce and debt" are the bread and butter of the art and antiques market, as every art world professional knows. Through good times and bad, these life cycle events frequently trigger sales and other transactions. With divorce, however, if emotions are not already present prior to filing papers, the process itself tends to intensify anger and mistrust between opposing sides.

In March of this year, in Part One of this article, we discussed the importance of the initial pendente lite application in introducing the parties to the judge and setting the tone for the balance of the case. The mandate that we provide judges with sound, hard evidence at the pendente lite phase -- in order to enable the courts to deal fairly with both sides pending the submission of final proofs -- was heavily stressed.

National cases for your review.