Congratulations to firm client Parker Waichman LLP on securing a denial of a motion to dismiss filed by Defendant Novartis Pharmaceuticals Corp. in a case pending in the District of New Mexico alleging that Novartis hid serious side effects of its blood cancer drug Tasigna. Novartis argued that the plaintiff failed to allege the exact date he was diagnosed with the side effects, and thus he should not be able to move forward with his negligence and product liability claims. U.S. District Judge James A. Parker disagreed, finding that the plaintiff was not required to preemptively refute Novartis’ affirmative defenses, and that his lawsuit can proceed. You can read the Court’s opinion here. You can also read a Law360.com article about the case here.
Congratulations to Thad Spalding who, along with Kevin Parker, Richard LaGarde, and Manfred Sternberg, was successful in convincing the Texas Supreme Court to deny immunity to GTECH, a private contractor hired by the Texas Lottery Commission to design and manufacture instant scratch-off tickets. You can see the Nettles briefing and argument here and here, and the Steele briefing and argument here and here, and you can read the Court’s majority opinion here. You can also read a Law360.com article about the case here.
Congratulations to Dana Levy on her successful defense of medical malpractice expert reports before Houston’s Fourteenth Court of Appeals. The court of appeals affirmed the trial court’s denial of Chapter 74 motions to dismiss filed by various health care providers, finding that the challenged experts were qualified and that their reports satisfied Chapter 74’s gate-keeping functions in all respects. You can read Dana’s briefing here, and the court of appeals opinion here.
Congratulations to Dany Levy, DP&S’s newest partner! Dana joined the firm in 2017 as Of Counsel and, since January 2019, has headed up the firm’s Houston office. We are proud of all that Dana has accomplished and look forward to many more successes.