Westlaw Journals weekly round-up

October 1, 2014

Westlaw Journals Weekly RoundupSome highlights from the past week’s litigation news headlines over at the Westlaw Journals blog include a N.J. federal judge blocks sale of blockbuster HIV drug’s generic form and the Alaska Supreme Court affirms dismissal of climate change case:

N.J. federal judge blocks sale of blockbuster HIV drug’s generic form: A New Jersey federal judge has barred two drugmakers from marketing generic versions of the blockbuster HIV drug Prezista, saying the prohibition is appropriate even though a series of high-level rulings in recent years has made patent injunctions harder to obtain. In a partly redacted opinion unsealed Sept. 23, Senior U.S. District Judge William H. Walls of the District of New Jersey found that Janssen Products LP had met the high burden of showing that the specific Prezista features it accused Lupin Ltd. and Mylan Inc. of infringing were responsible for the groundbreaking protease inhibitor’s market success. Sales of Prezista, or darunavir, netted Janssen more than $1.6 billion last year, according to the opinion.  (Pharmaceutical)

Alaska Supreme Court affirms dismissal in climate change case: The Alaska Supreme Court has declined to expand the “public trust” doctrine to protect the atmosphere from greenhouse gas emissions. On Sept. 12, Alaska’s highest court decided that the plaintiffs had standing to sue and stated an actual injury.  Nonetheless, it affirmed the dismissal of their claims for declaratory relief on “prudential grounds” — that is, on the basis of “practicality and wise judicial administration.”  (Environmental)

Jury finds for Southwest in U.S. border agent’s race discrimination suit: A U.S. Customs and Border Protection agent failed to prove a Southwest Airlines pilot unlawfully removed him from a plane because of his national origin, a Virginia federal court jury has determined. The airline’s decision to remove passenger Chirag Shah from a plane was not arbitrary and capricious in violation of 42 U.S.C. § 1981, a jury in the U.S. District Court for the Eastern District of Virginia found Sept. 12.  (Aviation)

Catholic nuns must comply with contraception mandate, government says: The Obama administration is asking a federal appeals court to compel the Little Sisters of the Poor, an order of Catholic women, to comply with the Affordable Care Act’s rule requiring many employers to provide no-cost contraception to workers. In a Sept. 8 brief, the sisters, who provide free care to the indigent elderly, say the federal government is attempting to make them complicit in a gravely immoral act in violation of their right to freedom of religion.  (Insurance Coverage)

Tire worker’s family wins $18.6 million verdict in Texas asbestos trial: The family of a Goodyear Tire & Rubber Co. worker who developed mesothelioma after his alleged exposure to asbestos fibers at a Texas plant has won a $18.6 million verdict against the company in state court. A jury in the Dallas County Court at Law on Sept. 5 awarded $2.7 million in noneconomic damages, $900,000 in economic damages and $15 million in punitive damages to the survivors of Carl Rogers, according to a statement released by their attorneys.  (Asbestos)