Academic journal article Defense Counsel Journal

IADC Amicus Brief Program

Academic journal article Defense Counsel Journal

IADC Amicus Brief Program

Article excerpt

The International Association of Defense Counsel has an active amicus curiae program, submitting briefs on issues of importance to IADC members and their clients. Through its amicus participation, the IADC has helped shape the law surrounding product liability, arbitration, class actions, attorney client privilege, punitive damages, civil discovery, standing, jurisdiction, and tort reform. This section of the Defense Counsel Journal is dedicated to highlighting recent amicus briefs so that the Journal's readers can benefit from the insights presented therein.

In its proposed brief in In re Actos (Pioglitazone) Products Liability Litigation (No. 1431256), Lawyers for Civil Justice supported defendant Takeda Pharmaceutical's appeal to the Fifth Circuit Court of Appeals to reverse a judgement in the Western District of Louisiana. The brief was authored by Robert Owen and Sean Jordan of Sutherland Asbill & Brennan LLP.

The Actos appeal involved a challenge to a jury award of $1.475 million in compensatory damages and $9 billion in punitive damages in the first bellwether product liability trial in multidistrict litigation arising from the manufacture and marketing of the diabetes drug Actos. The jury's award followed questioning by counsel and an adverse inference instruction from the court related to the purported spoliation of electronically stored information (ESI) by the defendant company. In its amicus brief, LCJ offers a broader perspective on the impact of ESI and the need for a conservative, consistent approach to spoliation sanctions. The parties settled the matter prior to LCJ's submission of this brief.

No. 14-31256

In the United States Court of Appeals for the Fifth Circuit

In re: Actos (Pioglitazone) Products Liability Litigation Executive Committee, et al.,

Plaintiffs,

v.

Takeda Pharmaceutical Company, Ltd., et al.,

Defendants.

(Full Caption on Next Page)

On Appeal from the United States District Court for the Western District of Louisiana, Lafayette Division

Case Nos. 6:11-MD-2299, 6:12-CV-64 (Hon. Rebecca F. Doherty)

Brief of Amicus Curiae Lawyers for Civil Justice in Support of Appellants

Robert D. Owen

Sean D.Jordan

Sutherland Asbill & Brennan LLP

The Grace Building, 40th Floor

1114 Avenue of the Americas

New York, NY 10036

[Tel.] 212.389.5000

[Fax] 212.389.5099

robert.owen@sutherland. com

COUNSEL FOR AMICUS CURIAE

LAWYERS FOR CIVIL JUSTICE

IN RE: ACTOS (PIOGLITAZONE) PRODUCTS LIABILITY LITIGATION EXECUTIVE COMMITTEE, ET AL.,

Plaintiffs,

v.

TAKEDA PHARMACEUTICAL COMPANY, LTD., ET AL.,

Defendants.

TERRENCE ALLEN; SUSAN ALLEN,

Plaintiffs - Appellees - Cross - Appellants

v.

Takeda Pharmaceutical Company, Ltd.; Takeda Pharmaceuticals, L.L.C.; Takeda Pharmaceuticals International Incorporated; Takeda California Incorporated, formerly known as Takeda San Diego Incorporated; TAKEDA PHARMACEUTICALS USA INCORPORATED, formerly known as Takeda Pharmaceuticals North America Incorporated; Eli Lilly And Company; Takeda Development Center Americas Incorporated, formerly known as Takeda Global Research and Development Center Incorporated

Defendants - Appellants - Cross - Appellees.

On Appeal from the United States District Court for the Western District of Louisiana, Lafayette Division

Case Nos. 6:11-MD-2299, 6:12-CV-64 (Hon. Rebecca F. Doherty)

CERTIFICATE OF INTERESTED PERSONS

The undersigned counsel of record certifies that the following listed persons or entities as described in the fourth sentence of Rule 28.2.1 have an interest in the outcome of this case. These representations are made in order that the judges of this Court may evaluate possible disqualification or recusal.

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