“Significant to DOJ’s analysis was the fact that the qui tam relators used ‘false pretenses’ to obtain information from witnesses. According to the government, the actions all were filed by a ‘professional relator’ entity that sought to develop contacts and inside information under the guise of conducting a research study of the pharmaceutical industry, and offering to pay individuals for information provided in a purported ‘qualitative research study,’ even though the information was ‘actually being collected for use in qui tam complaints filed by [the professional relator] through its pseudonymous limited liability companies.’…it would be awkward for DOJ to sit idly by and allow qui tam cases to proceed, in the government’s name—which is how the qui tam system works—when those cases are purportedly premised on a scheme one district court already described as involving ethical violations and ‘an elaborate series of falsehoods, misrepresentation, and deceptive conduct.'” [Joe Metro and Andy Bernasconi, Drug and Device Law]

And yet more: “Prominent qui tam lawyers are now questioning the nomination of William Barr as attorney general, citing comments he made nearly 30 years ago questioning the constitutionality of private relators under the FCA. Some of the lawyers who signed a recent letter to U.S. Sen. Chuck Grassley criticizing Barr, including Harvard Law School Professor Nancy Gertner, participated in litigation against Celgene that the government declined to join but nevertheless generated $280 million in settlements and more than $30 million in legal fees.” [Daniel Fisher, Legal NewsLine/Forbes]

Feds: we’ve had it with qui tam gamesmanship is a post from Overlawyered - Chronicling the high cost of our legal system

Now a leading business columnist has explained why he doubts that outcome. “Why? Because whether or not the company’s talcum powder contains asbestos, and whether or not it hid that fact from the public, the science remains firmly on J&J’s side.” [Joe Nocera, Bloomberg] How so? “There is no evidence that women who use talcum powder are any more likely to get ovarian cancer than women who don’t. In both California and New Jersey, judges have tossed out cases on exactly this basis.” So while plaintiffs make the most of their dark imputations of a cover-up, what they haven’t shown is that women who used the baby powder are any more likely to contract cancer than those who did not. Nocera: “And this is one mass tort where I’m convinced the science is going to win.”

Meanwhile, Mark Lanier, the Texas-based lawyer who won the St. Louis verdict, freely agrees that his efforts have helped affect J&J’s stock price. “It serves my purposes as a litigator to say, ‘Yes, get their attention; keep driving the stock down.'” [Matthew J. Belvedere, CNBC] And: “New York’s specialized court for asbestos lawsuits could become a pivotal battleground for litigation over talcum powder as plaintiff lawyers seek to establish a record of wins in a court system known for liberal rules and big jury verdicts.” [Daniel Fisher, Forbes]

“Science Favors J&J in Talcum Powder Lawsuits” is a post from Overlawyered - Chronicling the high cost of our legal system

Liability roundup is a post from Overlawyered - Chronicling the high cost of our legal system

The court said Lanier had presented father-and-son orthopedic surgeons as unpaid experts, emphasizing their compelling pro bono testimony while contrasting the “bought testimony” of the defendants’ experts. Yet Lanier made a $10,000 charitable donation to the father’s favorite charity before trial, and sent checks totaling $65,000 to the surgeons after the trial along with thank-you notes.

The pretrial donation check and the post-trial payments “are individually troubling, collectively devastating,” Smith wrote. “Lanier’s failure to disclose the donation, and his repeated insistence that [one of the surgeons] had absolutely no pecuniary interest in testifying, were unequivocally deceptive.”

Fifth Circuit overturns $151 million Mark Lanier verdict is a post from Overlawyered - Chronicling the high cost of our legal system

Medical roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Related: Plaintiff’s lawyer Steve Mostyn, “omnipresent” in Austin, and his involvement with “Conservative Voters of Texas” [Chamber-backed Legal NewsLine]

Texas: a ploy fails is a post from Overlawyered - Chronicling the high cost of our legal system

Politics roundup is a post from Overlawyered - Chronicling the high cost of our legal system

May 12 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

The non-transferable invitation consists of a booklet with a password; and, most strikingly, a metal wind-up toy Ferris wheel, about seven inches in diameter. (I have not investigated whether the Ferris wheel is CPSIA-compliant.)

Should I go? I’m charmed by the hospitality, but I don’t have a date, and, moreover, it’s kind of blood Christmas cheer. (On the other hand, in the words of a former CCAF attorney, “Think of it as a modest tort tax refund.”)

Mark Lanier’s 2010 Christmas party is a post from Overlawyered - Chronicling the high cost of our legal system

October 5 roundup is a post from Overlawyered - Chronicling the high cost of our legal system