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First Risperdal Trial Ends in Settlement Regional Tension at Satellite Offices PAGE 7: LITIGATION THE OLDEST LAW JOURNAL IN THE UNITED STATES 1843-2012 PHILADELPHIA, FRIDAY, OCTOBER 5, 2012 VOL 246 • NO. 68 $5.00 – INSIDE THE LEGAL – First Risperdal Trial Ends in Settlement REGIONAL Tension at Satellite Offices . 3 When former Barley “Since the early 1990s, Risperdal has im- Snyder partner Sean Six Cases Total Have Settled in the Litigation proved the lives of countless people through- E. Summers left the out the world who suffer from the devastating Lancaster firm’s York, Pa., office, he told BY AMARIS ELLIOTT-ENGEL H. Smith of Friday effects of serious mental illness,” Janssen said The Legal the move was caused in part Of the Legal Staff Eldredge & Clark in a statement. by what he perceived as the firm’s lack of in Arkansas and As of September 2, there were 86 Risperdal commitment to the future of that office. he first trial in which evidence was Drinker Biddle & cases pending in the Philadelphia Court of taken in the mass tort litigation over Reath. Common Pleas, according to court statistics. NATIONAL Man Exonerated, Gets $2 Mil . .4 Risperdal, the antipsychotic drug that A jury was set to Sheller said that his firm has closer to T A thoughtful judge, a prosecutor plaintiffs have claimed causes males to grow be picked Thursday 200 cases total of boys who allegedly grew willing to consider the possibility breasts, was settled as part of a group of five in another case in breasts, or developed pituitary tumors or that his office got it wrong, a cases that resolved this week for undisclosed front of Senior Judge movement disorders. dogged attorney, and a lot of luck, got amounts, according to the plaintiffs’ lawyers BERNSTEIN Norman Ackerman The Risperdal litigation involves several Michael Clancy out of prison, with a $2 and a statement from the drugmakers. that settled as part novel legal issues. million check in hand. The case of A.B. v. Janssen Pharmaceuticals of the group of five and was going to be tried Plaintiffs counsel are advancing the theory was in its second week of trial before by Brian J. McCormick Jr. and Claudine Q. that Risperdal was negligently designed. The BANKRUPTCY UPDATE Philadelphia Court of Common Pleas Judge Homolash of Sheller P.C. trial in A.B. did not get to that issue. Hijacking of Bankruptcy Cases . 5 Mark I. Bernstein. A staffer in Bernstein’s The first Risperdal case in Philadelphia to The Pennsylvania Superior Court ruled that The In re Dorsey opinion chambers confirmed the settlement. resolve settled after a jury was selected. Three drugmakers can be sued for the negligent de- provides a positive Plaintiffs co-counsel were Sheller P.C. of of the six cases to be tried were chosen by sign defect of their drugs. The case was taken and practical solution to creditors seeking to shut down the Philadelphia and Robert Hilliard of Hilliard plaintiffs, and three were picked by the de- up by the state Supreme Court, where the fraudulent practice of property dumping, Muñoz Gonzales in Corpus Christi, Texas. fense, Stephen A. Sheller of Sheller P.C. said. matter is pending, with oral arguments having contributors Rudolph J. Di Massa Jr. and Hilliard said it was in the best interest of The maker of Risperdal, Janssen, is a taken place in September 2011. Laura D. Bonner write. their client to settle because the client needs Johnson & Johnson subsidiary. Risperdal is not a biological drug for which surgery right away. “These cases do not settle for low num- no other design was possible, Sheller argued, LITIGATION Defense counsel for that case was Laura bers,” Sheller said. Strategy for Caucuses . 7 Risperdal continues on 10 When the mediator and the parties plan to rely more heavily on caucuses, counsel should understand what to Bellwether Trial on Horizon for Porn File-Sharing Suits expect and how best to use that time to make progress in settling their dispute, contributors Judy Weintraub and Harrie by five defendants, to serve as a bellwether challenged their obligation to comply with BY SARANAC HALE SPENCER Samaras write. Of the Legal Staff trial that could set a framework for handling the subpoenas requesting their names. similar cases. Typically, after the company that owns INDEX Of the hundreds of file-sharing suits brought Following the typical course for cases the shared video gets the names, it sends Experts & Services . 12 by producers of pornographic movies of this nature, Malibu Media sought the letters to the defendants alerting them to the Classified . 13 against groups of John Does across the names attached to various Internet protocol suit and offering a settlement, lawyers for Public Notices . 14 country, the first to go to trial might be in the addresses that had been part of a peer-to- Malibu Media told the court during a hear- Legal Listings . 15. Eastern District of Pennsylvania. peer file-sharing network called BitTorrent ing last month, according to the opinion. U.S. District Judge Michael Baylson of that had allegedly made available vid- Michael Keith Lipscomb said this week that the Eastern District of Pennsylvania chose eos to which Malibu Media holds rights. Postal ID on Page 8 a case filed by Malibu Media, challenged Five of the John Does who are defendants File-Sharing continues on 9 www.TheLegalIntelligencer.com Our Success is Your Success Thank You For Entrusting Us With Your Most Injured Clients • Spinal Cord Injury: $85 million verdict • Motor Vehicle Accident: $13 million recovery • Medical Malpractice: $23.1 million verdict • Birth Injury: $12 million recovery • Brain Injury: $22.9 million recovery • Drowning Death: $10 million recovery • Amputation Injury: $20.8 million verdict • Workplace Death: $10 million recovery www.rossfellercasey.com | 215 574-2000 Previous awards do not guarantee a similar outcome in current or future cases Matt Casey Joel Feller Rob Ross 2 • THE LEGAL INTELLIGENCER FRIDAY, OCTOBER 5, 2012 VOL P. 3046 PEOPLE IN THE NEws ELECTED AND APPOINTED SPEAKERS The State of Social Security Disability Nevena Simidjiyska, an attorney in the Melissa R. Chandy, an associate with Philadelphia office of Fox Rothschild, Pond Lehocky Stern Giordano, authored On Sunday’s American Law Journal was appointed to the steering commit- a speech given to Villanova University tee of the American Bar Association’s School of Law students this past spring for a export controls and economic sanctions presentation on key factors in settling work- o doubt, committee. ers’ compensation cases. there’s In her role, Simidjiyska assists the com- She also authored a speech for the Nfraud in the mittee with education, outreach and advo- Pennsylvania Association of Justice’s disability system — cacy in the areas of U.S. export controls “Annual Update of the Law for Civil and it’s a big issue and economic sanctions and embargoes. Litigators” on the topic of workers’ compen- when governments Simidjiyska represents both domestic sation set for today in Philadelphia. are running defi- and international clients in import and ex- Frank N. Ciprero, an associate with Pond cits. But really how port control matters. Lehocky, is set to deliver the Pennsylvania much? Association of Justice’s “Annual Update of At 5:30 p.m. LEVENTHAL POLONSKY SCHWARTZ N. Alexander Erlam, in-house general the Law Seminar for Civil Litigators” on Sunday on the Polonsky said. “Is it fraud? Overpayment? counsel for Vertical Screen Inc., was the topic of workers’ compensation today in Philadelphia CNN-News affiliate Oversight? In the end that’s a very small elected to the Association of Corporate Philadelphia. WFMZ-TV, The American Law Journal percentage.” Counsel’s board of directors. presents “Social Security Disability The American Law Journal is the The ACC is an organization serving the Andrew K. Stutzman, a partner with Claims: Legit? Or Fraud?” Joining weekly talk-feature program airing on professional and business interests of its Stradley Ronon Stevens & Young, is set host Christopher Naughton are Social the CNN-News affiliate for Philadelphia, more than 30,000 member attorneys who to serve as a co-panelist for the “Consumer Security disability claimant’s attorneys WFMZ-TV 69 to Pennsylvania, New practice in the legal departments of cor- Credit Market” presentation at the 2012 Jess Leventhal of Leventhal Sutton & Jersey and Delaware. In the 2012-13 tele- porations, associations and other private- Credit Union Attorneys Conference, pre- Gornstein and Alan Polonsky of New vision season, it airs at 5:30 p.m. Sunday sector organizations. Erlam was officially sented by the Pennsylvania Credit Union Jersey’s Polonsky & Polonsky. Providing and beginning November 19 is also set to voted onto the board at the ACC’s annual Association today in Harrisburg. the panel with the judicial perspective air at 7 p.m. Monday. meeting September 30 in Orlando, Fla. The conference is geared for attorneys is former Social Security Administration The program is available on www. Erlam practices in the area of contracts, representing or planning to represent credit administrative law judge Roger Schwartz. LawJournalTV.com as well as iTunes. privacy, employment law and employer-re- unions. The program examines a Social Security To view this program, subscribe or view lated immigration law. Erlam has served as Stutzman is chair of the firm’s mortgage Administration that is criticized for being previous programs, visit http://bit.ly/ the company’s general counsel since 2004. and lending litigation practice and over- both too stringent on initial applicants and ALJoniTunes. sees a team of lawyers who represent fi- then not being tough enough on applicants Next week: “Drugs and Docs: Is a nancial services and other clients in litiga- when it comes to possible fraud. Pharmaceutical Company Paying Your tion involving consumer and commercial “Four million people receive disability Doctor?” • loan transactions.
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