What's New in the Courts
U.S. Third Circuit Rejects (in Settlement Class Context) Notion That Each Classmember Must Have a “Colorable” Claim. Reversing the earlier decision of a three-judge panel, the U.S. Third Circuit, sitting en banc, upheld a nationwide class settlement of antitrust claims by indirect purchasers of diamonds, even though some of those purchasers lived in States where arguably no recovery was available under Illinois Brick and its progeny. “ Because we are presented with a settlement cla ...
U.S. Third Circuit Holds that Administrator’s Demand of Full Reimbursement, in Excess of Third-Party Recovery, was Inappropriate and Inequitable Relief. Applying the traditional equitable principle of unjust enrichment, the Third Circuit found that a judgment requiring the participant to provide full reimbursement to U.S. Airways constitutes inappropriate and inequitable relief. Because the amount of the judgment exceeds the net amount of his third-party r ...
U.S. Supreme Court holds that Manufacturers of Generic Drugs have No Duty to Warn. Federal drug regulations, as interpreted by the FDA, prevent the manufacturer of a generic drug from independently changing the safety label. In general, a manufacturer seeking federal approval to market a new drug must prove that it is safe and effective and that the proposed label is accurate and adequate. Although the same rules originally applied to all drugs, the 1984 l ...
Magistrate Judge in the Western District of Tennessee outlines Appropriate Steps to Preserve E-Data and/or otherwise effectuate “Litigation Hold” upon Receipt of Preservation Letter or other Notice of Anticipated or Pending Litigation. According to the professional opinion of plaintiff's technical expert, reasonable steps to preserve evidence would have entailed sending the Preservation Letter to all Lilly employees, suspending the routine destruction of such evidence, and “taking steps to pr ...
