Showing posts with label Mark Tully. Show all posts
Showing posts with label Mark Tully. Show all posts

Tuesday, June 22, 2010

Fine, Fine, Fine.

Teva Pharmaceuticals and Baxter International, the most recent companies to find themselves on the losing end of Bob Eglet's jury-whooping stick, have filed a Motion for Stay and a Renewed Motion for Judgment as a Matter of Law or, In the Alternative, For New Trial.

Both motions will be heard on July 12, 2010, along with Eglet's Motion for Attorney's Fees and Interest (you know ... just for good measure).

From the RJ:
[Defense counsel Mark] Tully in court papers asked district Judge Jessie Walsh to reduce the award to a “single digit” ratio over the $5 million compensatory award the jury granted. He argued the U.S. Supreme Court has said any punitive damages awards in excess of four times the compensatory award “might be close to the line of constitutional impropriety.”

Eglet disagreed, saying the defendants misrepresented how the jury arrived at the figure. When properly calculated, he argued, the ratio is 27 times for Teva and 11 times for Baxter.
Which is still more than four, but Nevada law exempts product liability judgments from a cap on damages ... so we'll see how this plays out.

Teva/Baxter also threw out some boilerplate accusations, apparently forgetting where they were practicing law:
The defendants and critics of the jury award question the relationship between Eglet’s law firm, Mainor Eglet Cottle, and Walsh. Records show that firm and its attorneys contributed $40,000 to her 2008 judicial campaign. Eglet said the contributions are a “red herring” designed to discredit “a fine judge.”
Fine, fine judge. Fine fine fine fine fine fine fine ... 500 million times over.

Regarding the manufacturer of the offending drug, propofol (incidentally, one of the drugs that killed Michael Jackson), Teva has decided to take its ball and go home. From the Chicago Tribune:
The drug is hard to manufacture and the company gets little or no profit from it, said Denise Bradley, a spokeswoman for Teva Pharmaceutical Industries Ltd.
Oh, and there's the fact that Teva is facing almost 250 lawsuits connected to the drug.

(LVRJ; Chicago Tribune; Case No. A571172; Thanks, Tipsters!)