Company Offers to “Pay” Part of Settlement with Addiction Pharmaceuticals
While the Sackler family has upped the ante, the settlement is met with some groans and skepticism.
Jessica Hartogs, Editor at LinkedIn News:
“Purdue Pharma has offered up a $10 billion restructuring plan that would pay $500 million up front to settle approximately 135,000 claims linked to the company’s role in the opioid epidemic. The Sackler family would pay more than $4 billion over a decade and also give up domestic ownership of the company, which is alleged to have fueled the deadly national opioid crisis with its OxyContin drug. They would also admit no wrongdoing. Two dozen state attorneys general immediately rejected the plan, reported NPR.”
Charlie Kingdollar, Retired Emerging Issues Officer at Gen Re:
Members of the Sackler family offered roughly $4.3 billion to resolve sprawling opioid litigation, up from $3 billion initially proposed in settlement discussions.
“The new settlement plan put forth by the Sacklers is $1.3 billion higher than their original offer and if approved it will be used to reimburse states, local governments, Native American tribes and other plaintiffs who have successfully sued Purdue for its role in fueling the opioid crisis… As part of the proposal, the $4.28 billion from the Sacklers will be paid in installments over a decade and additionally the company would pay around $500 million in cash up front.”
Purdue’s chapter 11 plan must be approved by a bankruptcy judge and likely will be challenged in court by individuals who have suffered injuries from opioids and state attorneys general who have not signed onto the deal. A final resolution isn’t expected before the summer. “We’re going to keep fighting for the accountability that families all across this country deserve,” said Massachusetts Attorney General Maura Healey, who, along with 23 other attorneys general, voiced opposition to the plan Monday and called for greater transparency and more money upfront from the Sacklers.
Fred Johnson, Attorney, Spencer Fane LLP:
“[T]he company that introduced America to OxyContin and is alleged to have ushered in the opioid epidemic in the country, has proposed a $10B settlement to resolve 1000s of civil lawsuits and other civil and criminal matters and its bankruptcy, and allegedly intends to fund part of the settlement through the sale of ‘overdose reversal’ and addiction treatment drugs that it has in development. Seriously.”
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The Reverse Reptile: Rethinking Traditional Defense Strategies and Antidotes
The Reverse Reptile: Rethinking Traditional Defense Strategies and Antidotes Photo by Jeremy McGilvrey on Unsplash "Reptile theory" is a challenging and often-discussed plaintiff's trial strategy. It subtly encourages jurors to envision themselves in the same situation as a plaintiff but with the power to "save" the plaintiff, themselves, and the community from future harm by awarding a large verdict. Much has been written and discussed about oral defenses against reptile strategy, such as during depositions and witness examinations, as well as during opening and closing. But there are also powerful tools and strategies that can be wielded in defense of this strategy: counter anchoring numbers on damages, humanizing the corporate defendant, motions in limine, trial briefs, and motions for new trial/judgment notwithstanding the verdict, among others. Knowing these strategies and how to present them, including drafting these motions and briefs carefully and precisely allows defense counsel to neutralize common arguments from plaintiffs. By establishing that specific questions and evidence are part of the reptile strategy, defense counsel can counter the plaintiff counsel’s moves at every turn and prevent the reptiles bite. Listen as this panel of experienced trial attorneys explains how effectively written papers can augment other anti-reptile defenses and how counsel can draft winning papers. This Strafford production has been specially selected for HB audiences. Regular Price: $197* Recorded: 10/12/2022 Speakers E. Stratton Horres, Jr. Senior Counsel Wilson Elser Moskowitz Edelman & Dicker Katherine S. (Kate) Whitlock Partner Wood Smith Henning & Berman Benefits The panel will review these and other key issues: What issues and lines of questioning are best suited for written motions in limine? How can defendants respond to allegations that their motions in limine seek what is in effect a “gag” order? How can reptile theory error be best preserved for appeal? When can counsel seek a new trial based on reptile tactics? Course Outline Overview of reptile approach Procedural motions to keep reptile questioning and argument out Substantive pre-trial motions to combat reptile tactics Substantive post-trial motions to combat [...]
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