Westlaw Journals weekly round-up

August 27, 2014

Westlaw Journals Weekly RoundupHighlights from the past week’s litigation news headlines over at the Westlaw Journals blog include stories about the Obamacare subsidies, a Delaware judge asks for more briefing in suit involving the state’s new fee-shifting law, and a suit over Sanofi’s fertility drug:

Obamacare subsidies at the center of rehearing petitions, Supreme Court review: Less than a month after two federal appeals courts delivered a same-day circuit split concerning the scope of the Affordable Care Act’s insurance subsidies and employer mandate, one of the cases has landed at the U.S. Supreme Court’s doorstep and the other may be headed for rehearing. In a brief filed Aug. 18 with the District of Columbia U.S. Circuit Court of Appeals, Jacqueline Halbig and her co-plaintiffs have asked the en banc court not to reconsider a divided panel ruling blocking an Internal Revenue Service rule that implemented the subsidies and mandate in all 50 states and Washington. (Health Law)

Delaware judge wants more briefing before ruling on new fee-shifting bylaw: In what could become the first court test of the “loser pays” bylaws that a recent Delaware Supreme Court opinion allowed, a Chancery Court judge has requested more briefing before deciding whether Hemispherx Biopharma’s new fee-shifting bylaw applies to dissident investors. The bylaw — which would force plaintiff shareholders to pay all of Hemispherx’s legal costs if their suit is unsuccessful — would make the litigation’s stakes too high, the plaintiffs told Chancellor Andre G. Bouchard at the Aug. 15 hearing on their bid to invalidate the rule. (Delaware Corporate)

Woman claims Sanofi fertility drug caused son’s birth defects: A Utah woman and her adult son have filed a failure-to-warn and fraud lawsuit alleging he was born with birth defects because drugmaker Sanofi and its predecessors hid the dangers of Clomid, a fertility drug the woman took prior to pregnancy. In a complaint filed in the U.S. District Court for the District of Utah on July 28, Victoria Cerveny and her son Alexander allege that low levels of Clomid (clomiphene citrate tablets USP) she took in 1992 stayed in her system during her pregnancy, causing him to be born with malformations in his left hand and elbow. (Pharmaceutical)