Breaking News...
An audit by Wal-Mart of 128 stores and over 25,000 employees has reportedly revealed thousands of labor violations at the Arkansas-based retailing chain, including 1371 violations of child labor laws, 60,000 missed breaks and16,000 skipped meal times, primarily in violation of state labor laws. The July, 2000 internal audit was apparently distributed to high-level company executives but has now come to public attention through lawsuits filed against the company, which employs more than 1.2 million U.S. workers.
The Litigation That Will Not Die
Fen-Phen litigation is entering a critical phase that promises to be at least as complex and contentious as anything that preceded it. The national settlement that was supposed to buy peace is now smack in the middle of the storm that swirls, as always, around Wyeth. Claims against the Madison, NJ-based drug manufacturer are moving slowly through the $3.75 billion trust Wyeth funded to compensate people whose heart valves were damaged by its diet drugs. Lawyers and clients have been highly critical of the delays.
Case Briefing
Recent rulings of importance to you and your practice.
Keep from Drowning in the Sea of Mass Torts!
In order to avoid drowning in the sea of mass tort litigation, drug and medical device companies must aggressively and "offensively" defend these actions -- and do so as soon as the mass tort litigation emerges. Critical to stemming the mass tort tide is an understanding of the factors that drive the filing of these actions against pharmaceutical and medical device companies: 1) the ease with which controversial issues relating to drugs and medical devices can be recognized; and 2) complicated causation issues. Armed with that understanding, the single most important pre-trial goal for any defendant must be the early exposure of frivolous claims based on tenuous causation and junk science.
Illinois Asks for Permission to Import Drugs
Illinois governor Rod R. Blagojevich sent a letter on December 22 to Secretary of Health and Human Services Tommy Thompson asking that Thompson approve Illinois' plan to import pharmaceutical products from Canada for use by the state's employees and retirees. The governor, who has been pushing for months to gain the right to purchase drugs for Illinois from less-expensive sources in Canada, stated in his letter, "I was encouraged by your recent statements regarding your willingness to approve a small-scale demonstration project around the issue of re-importation of prescription drugs from Canada. We would like to work with you to design an effective pilot program that complies with the law." Blagojevich hopes his state will become the "small-scale demonstration project" Thompson spoke of.
CPLR Amendment Simplifies Rules on Non-Party Discovery
A series of amendments to the New York Civil Practice Law and Rules &sect&sect 2305, 3120, and 3122 took effect on Sept. 1, 2003 and, among other things, eliminated the need for motions and court orders before a party may serve a subpoena <i>duces tecum</i> on a non-party.
Case Notes
Highlights of the latest product liability cases from around the country.
Online: Web Site Offers Conservative, Libertarian Legal Resources
D. Jeffrey Campbell and Julie Smith Stypinski in their article this month direct readers to the Web site for The Federalist Society, <i>www.fed-soc.org,</i> for a transcript of a symposium on gun litigation. The Federalist Society for Law and Public Policy Studies is a group of conservatives and libertarians interested in the current state of the legal order. It was founded on the principles that the state exists to preserve freedom, that the separation of governmental powers is central to the Constitution, and that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be.
Discovery of Trade Secrets: What Constitutes Protected Information?
<i>Part One of a Two-Part Series</i> In a technology-driven economy, the threat to trade secret and propriety information is real and visceral. A recent survey estimated that theft of this information resulted in losses of more than $50 billion to the responding companies, which included Fortune 1000 corporations as well as small and midsized businesses, for the year ending June 30, 2001. The American Society for Industrial Security (ASIS) and PriceWaterhouse Coopers, <i>Trends in Proprietary Information Loss: Survey Report</i> (Sept. 2002). It is perhaps only natural that this threat should find its way into litigation, particularly product liability litigation. Discovery in these cases typically involves the production of some of the product manufacturer's proprietary and technical information. More recently, however, claimants have sought the manufacturer's trade secrets — highly confidential information at the heart of the company's business. The responding manufacturer objects to this discovery as causing irreparable harm if disclosed, and the battle lines are drawn.
