Jurisdiction: United States

BREAKING NEWS: Prudential Sues State Street Over Mortgage Related Losses

Prudential Financial, Inc. announced yesterday that one of its subsidiaries has filed a lawsuit against State Street & Trust Corp. and State Street Global Advisors over losses allegedly suffered by Prudential clients in two bond funds managed by State Street.  The suit accuses State Street of “radically” changing its investment strategies for the two funds without disclosing those changes to Prudential or its clients. 

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The Flurry of Katrina-Related Filings Before the Statute of Limitations Passed

August 29 was the last day that Louisiana residents could file lawsuits against their insurers alleging that their insurers did not properly adjust, or pay, their Hurricane-Katrina related claims.  Louisiana had previously extended the time in which parties had to file lawsuits arising out of Katrina-related damage, on property claims from one to two years. 

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Hip And Knee Replacement Manufacturers Agree To Pay $310 Million To Avoid Criminal Prosecution And Civil Suits For Alleged Kickback Arrangements With Doctors

Christopher Christie, U.S. Attorney for the District of New Jersey, yesterday announced a settlement with four major hip and knee replacement manufacturers that allows the companies to avoid criminal prosecution and civil suits arising from alleged kickback relationships with orthopedic surgeons. 

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West Virginia’s Recent Rejection of The Learned Intermediary Doctrine In The Pharmaceutical Context May Apply Equally To Medical Device Claims

As previously reported here, the Supreme Court of Appeals of West Virginia has specifically declined to adopt the learned intermediary doctrine.  Johnson & Johnson Corp. v. Karl, No. 33211 (W.Va. June 27, 2007).  The Court reasoned that the healthcare industry has changed and that pharmaceutical manufacturers “are pushing their products onto the public like never before.” 

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Solicitor General Comes Out In Favor Of Non-Issuer Defendants In Securities Class Action Case

Last month, Solicitor General Paul D. Clement filed an amicus brief with the United States Supreme Court siding with non-issuer defendants in a securities class action case. The case, entitled Stoneridge Investment Partners v. Scientific-Atlanta, No. 06-43 (U.S. Sup. Ct.), involves securities class action claims brought by shareholders against two third-party suppliers based on certain transactions between those suppliers and the issuer, Charter Communications, Inc. (“Charter”). 

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