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Exxon Shipping Co. v. Baker
On June 25, 2008, the U.S. Supreme Court overturned a federal appeals court decision that upheld a $2.5 billion punitive damages award against ExxonMobil. The Court held that the award was excessive under federal common law; it reduced the award to $500 million. The case arose in the aftermath of the 1989 Alaska oil spill caused by the grounding of the Exxon Valdez. The decision was a victory for WLF, which had filed a brief urging the Court to reduce the size of the award. The Court agreed with WLF that punitive damages awards that exceed the amount of compensatory damages are generally inappropriate in cases decided under federal law; the decision does not affect punitive damages awarded by State courts. The Court was evenly divided on – and thus did not rule on – an additional Exxon argument: federal maritime law bars any punitive damages award in cases, as here, in which there was no finding that the wrongful act was either intentional or reckless. |
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IMS Health Inc. v. Sorrell
On June 23, 2008, WLF filed a brief in U.S. District Court for the District of Vermont, urging it to protect First Amendment rights by striking down a Vermont law that blocks access to critical healthcare information. The law criminalizes the collection and disclosure of information about the prescribing practices of physicians. WLF argued that the Vermont law violates the First Amendment by prohibiting disclosures of truthful information, even disclosures arising outside the context of advertising. WLF argued that such prohibitions are only rarely permissible and only then when based on showings of the most compelling of government needs. The law has prevented medical data companies from collecting and distributing information about what drugs are being prescribed by Vermont doctors, even though the companies ensure that no information about individual patients is ever included in their data. Similar laws in Maine and New Hampshire have already been struck down as unconstitutional. |
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Bugosh v. I.U. North America, Inc.
On June 16, 2008, WLF filed a brief with the Supreme Court of Pennsylvania, urging it to reject Pennsylvania's current product liability rule that holds distributors strictly liable for injuries from products which they did not even manufacture. WLF's brief advocates the adoption of a revised rule used by most other states that would apply a negligence standard for assessing liability. WLF's brief argued that Pennsylvania should reject the strict liability standard found in the Restatement (Second) of Torts, Product Liability, Section 402A, which was originally adopted to deal with manufacturing defects, and instead adopt a negligence standard found in Restatement (Third), Section 2 of the Restatement Third, which would be fairer to distributors of products. |
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United States v. Ionia Management S.A.
On June 6, 2008, WLF filed a brief in the U.S. Court of Appeals for the Second Circuit in a major corporate criminal case, joined with and serves as counsel for the U.S. Chamber of Commerce, the National Association of Manufacturers, the Association of Corporate Counsel, the National Association of Criminal Defense Lawyers, and the New York State Association of Criminal Defense Lawyers. In its brief, WLF argued that the jury instructions improperly allowed a corporation to be held vicariously liable for a rogue employee's misconduct because such imputation of criminal liability was not authorized either by Congress or a proper reading of Supreme Court precedents. WLF further argued that no liability should be imposed where the employee acted in direct contravention of corporate policy and a robust compliance program. |
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June 19, 2008
WLF MEDIA BRIEFING
Appellate Experts to Review 2007 Supreme Court Term
The Honorable Dick Thornburgh, Of Counsel, Kirkpatrick & Lockhart Preston Gates Ellis LLP
Thomas C. Goldstein, Partner, Akin Gump Strauss Hauer & Feld LLP
R. (Ted) Edward Cruz, Partner, Morgan, Lewis & Bockius LLP.
Dan Himmelfarb, Partner, Mayer Brown LLP
 Download a PDF of the Invitation
 View Webcast
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May 6, 2008
WLF MEDIA BRIEFING
Biosimilars: Seeking A Pathway Balancing Timely Consumer Access & Innovation
Sandra J. P. Dennis, Deputy General Counsel for Health Care, Biotechnology Industry Organization
William B. Schultz, Partner, Zuckerman Spaeder LLP, Former FDA Deputy Commissioner for Policy
Arnold I. Friede, Counsel, McDermott Will & Emery
Download a PDF of the Invitation
Download Speaker Biographies
View Webcast
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June 13, 2008
WLF WEB SEMINAR SERIES
Losing More than Weight? How Taxes, Speech Mandates & other Anti-Obesity Policies Threaten Personal Freedom
Professor Patrick Basham, Founding Director, Democracy Institute
Dr. John C. Luik, Senior Fellow, Democracy Institute
Download a PDF of the Invitation
Download Speaker Biographies
View Webcast
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June 3, 2008
WLF WEB SEMINAR SERIES
Oversight and Investigation: Lessons from the 110th Congress and Effective Defense Strategies for Targets
Theodore H. Bornstein, Partner, Foley & Lardner LLP
Philip G. Kiko, Member, Foley & Lardner LLP
Download a PDF of the Invitation
Download Speaker Biographies
View Webcast
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June 27, 2008
State Antitrust Lawsuits: A Good Way To Balance Costs And Incentives For Patented Drugs?
By Alexander Okuliar,a counsel in the Washington, D.C office, and James P. Kidder, a counsel in the Los Angeles office, respectively, of the law firm O’Melveny & Myers LLP.
Legal Backgrounder, June 27, 2008, 4 pages
Download a PDF of the Publication
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Appeals Court Rejects Class Certification In $800 Billion Lawsuit
By Thomas M. Smith, an attorney with the Law Offices of Thomas M. Smith in in New York City.
Legal Backgrounder, June 27, 2008, 4 pages
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Georgia Supreme Court Rejects Constitutional Challenge To Expert Testimony Law
By Robert S. Highsmith Jr and Lindsey G. Churchill, attorneys in the Atlanta office of the law firm Holland & Knight LLP
Legal Backgrounder, June 27, 2008, 4 pages
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High Court Undermines Precedent In Expanding Private Suits Under ERISA
By Douglas E. Motzenbecker, a partner with the Newark, New Jersey law firm Podvey, Meanor, Catenacci, Hildner, Cocoziello & Chattman, P.C
Legal Backgrounder, June 27, 2008, 4 pages
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FDA’s Regulatory Extensions: An Overburdened Agency Assigns Itself New Responsibilities
By Jeffrey N. Gibbs, a principal in the Washington, D.C of the law firm Hyman, Phelps, & McNamara, P.C.
Legal Backgrounder, June 13, 2008, 4 pages
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A Framework For Toxic Tort Litigation
By Joe G. Hollingsworthand Katharine R. Latimer,partners with the law firm Spriggs & Hollingsworth. Foreword by Dorothy P. Watson,Vice President and General Counsel, Novartis Pharmaceuticals Corporation.
Monograph, June 2008, 150 pages
Download PDF of the Publication
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