First Circuit

May 6, 2013 5:30 PM | Posted by Jennifer McPheeters | Permalink
In Harden Manufacturing Co. v. Pfizer, Inc., 712 F.3d 60 (1st Cir. 2013), one of three cases addressing Pfizer’s off-label marketing of the anticonvulsant drug, Neurontin, the First Circuit vacated the district court’s denial of certification as to a putative class of third-party payors and remanded for further proceedings. The court relied on its holdings pertaining to RICO causation in the lead case, Kaiser Foundation Health Plan, Inc. v. Pfizer, Inc., 712 F.3d 21 (1st Cir. 2013), to conclude the district court’s decision about the Harden plaintiffs’ second motion for class certification required further analysis, specifically as it related to proof of causation and damages. read more
July 31, 2012 2:45 PM | Posted by Jaret J. Fuente | Permalink
In Volkswagen Group of Amer., Inc. v. Peter J. McNulty Law Firm, --- F.3d ----, Nos. 11-1438 & 11-1857, 2012 WL 3064844 (1st Cir. July 27, 2012), the First Circuit vacated a $30-million attorneys’ fee award to MDL Class Counsel in connection with the settlement of a diversity case against Volkswagen and Audi regarding alleged engine defects in certain vehicles prone to the formation of damaging engine sludge unless particular types of motor oil were used. The Court held it was error to apply federal law to determine the amount of attorneys’ fees to award to class counsel in connection with the settlement where, although the defendants agreed to pay reasonable attorneys’ fees as part of the settlement, the parties expressly disclaimed any agreement as to what choice of law governs the award. Rather, here's what the parties agreed… read more