We've already extensively covered why any reasonable appellate court is going to overturn the $500 million judgment against Teva and Baxter over a (now-criminally-charged) doctor's deliberate misuse of propofol. The Wall Street Journal reports that Jay Lefkowitz of Kirkland & Ellis, who successfully argued that federal law requires preemption of state failure-to-warn claims for generic drugs, given the lack of discretion that such generics have, in Pliva v. Mensing, now has another arrow in his quiver for overturning the earlier miscarriage of justice in Nevada. Alas, a lot of damage has already been done thanks to plaintiffs' lawyers putting profits ahead of people.
Did Pliva v. Mensing add another nail in the coffin for the Nevada Teva judgment?
Related Entries:
- More on 2006 Louisiana environmental law's jackpot justice
- Around the web, March 13
- Deep pocket files: Scott Simon and Harding Pharmacy
- "Porsche girl" lawsuit update
- Greg Conko: Can brand makers be sued for generic drug injuries?
- Around the web, January 27
- California rejects tertiary asbestos liability in O'Neill v. Crane
- Trask on Prakash
- Around the web, December 15
- Lawyers ripping off condo-owners in Las Vegas
- Preempro jackpot justice verdicts in Philadelphia
- What media bias? Prakash on Penn State
- Lobbying expenditures
- Another lawless jackpot award over propofol in Nevada
- Johnson & Johnson lawsuit thrown out
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| Isaac Gorodetski Project Manager, Center for Legal Policy at the Manhattan Institute igorodetski@manhattan-institute.org |
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| Laura Eyi Press Officer, Manhattan Institute leyi@manhattan-institute.org |



