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Only through abuse of the class action mechanism can obesitylitigation be feasibly used by plaintiffs" attorneys. The risk of that abuse, however, is very real.
Plaintiffs lawyers have lost the public opinion war, but it is because their abuses have led them to lose the public policy debate on the merits.
Media Inquiries: Sara Hunekesara.huneke@aei.org; 202.862.4870
FOR IMMEDIATE RELEASE: May 29, 2008
Today, an appeals court in Texas reversed the $26 million judgment in Ernst v. Merck, which made worldwide headlines in 2005 when the first Vioxx case to go to trial returned a $253 million...
Will the judicial system give us the means to properly fight evil?
Milberg Weiss Bershad & Schulman and a spinoff firm led by William Lerach dominated securities class actions over the last twenty years. But in 2006 and 2007, prosecutors indicted the Milberg firm, Lerach, Mel Weiss, David Bershad, and Steven Schulman for paying kickbacks to “class representative” plaintiffs, who were supposed...
The federal preemption of state tort law is an issue in several cases on the Supreme Court’s docket, including February 25 oral arguments in Warner-Lambert v. Kent. The Supreme Court also recently agreed to hear early next term appeals in the cases of Wyeth v. Levine, in which the federal...
In October Term 2006, the Supreme Court showed an increased willingness to review and decide business litigation cases that the Rehnquist Court had largely avoided. The justices made important decisions in the areas of securities law, antitrust, patent law, civil procedure, employment law, and punitive damages. In the upcoming October...
"Off-label" prescribing--that is, doctors prescribing drugs for purposes other than those expressly approved by the Food and Drug Administration (FDA--is often useful although little is known of its extent. In the last several years, nearly every major pharmaceutical company has paid hundreds of millions of dollars to settle allegations of...



