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Accutane recusal motion update

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Not a gigantic surprise that the district court denied the motion to recuse in the Accutane litigation (earlier). Also not a giant surprise that Roche is appealing. Judge Higbee didn't help her case of claiming to be impartial by attempting to embarrass a Roche defense firm by incorrectly stating that their pro hac vice admission was revoked; the firm withdrew when it angered Higbee by asking a plaintiffs an embarrassing question about other risk factors for IBD. According to Roche, in fourteen trials over Accutane, plaintiffs are 9-4 with one mistrial, but five of the nine plaintiffs' verdicts have been reversed on appeal; it's unclear how many of the other concluded cases are pending on appeal. [NJLJ ($)]

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


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