Litigation Updates:
- IMS Health Inc. v. Sorrell
On November 23, 2010, the U.S. Court of Appeals for the Second Circuit reinforced First Amendment rights by striking down a Vermont law that blocks access to critical healthcare information. The law criminalized the collection and disclosure of information about the prescribing practices of physicians. The 2-1 decision was a victory for WLF, which filed a brief urging that the Vermont law be struck down. - Johnson & Johnson v. State of West Virginia
On November 19, 2010, the West Virginia Supreme Court of Appeals overturned a $4.5 million penalty imposed on a drug maker for allegedly misleading statements in communications addressed to doctors. The penalty was imposed despite the absence of evidence that anyone in West Virginia suffered an injury, or that anyone even relied on the communications. The decision was a victory for WLF, which filed a brief urging that the penalty be overturned. WLF argued that the penalty violated the manufacturer’s First Amendment rights. - Astra USA, Inc. v. County of Santa Clara
On November 19, 2010, WLF urged the U.S. Supreme Court not to permit plaintiffs’ lawyers to use U.S. courts as a platform for asserting claims against foreign companies that bear no relation to the United States. The case raises important issues about the continued viability of the Supreme Court’s longstanding protections against the exercise of personal jurisdiction by U.S. courts over foreign corporations. In a brief filed in support of French, Turkish, and Luxembourgian tire manufacturers, WLF argued that their mere introduction of tires into the stream of commerce, standing alone, cannot support North Carolina’s assertion of general jurisdiction over them.
From the Legal Pulse: