In Re Zetia (Ezetimibe) Antitrust Litigation
Counsel for Merck in a multidistrict litigation brought by wholesalers and major pharmacy retail chains that purchased Zetia, a cholesterol-reducing medication sold by Merck alleging that a patent settlement with a generic maker of Zetia was anticompetitive. The matter is pending in the Eastern District of Virginia.
Elliott Management et al. v. AbbVie Inc.
Currently representing AbbVie in a suit pending in Illinois state court brought by several hedge funds over a $54 billion collapsed corporate merger.
Home Depot U.S.A., Inc. v. Lafarge North America, Inc.
Lead trial counsel for Lafarge North America in an opt-out antitrust action brought by retailer Home Depot alleging conspiratorial price overcharges relating to drywall.
Testosterone Replacement Therapy Litigation
Trial counsel for AbbVie in multidistrict litigation in Chicago claiming personal injuries allegedly caused by AbbVie’s testosterone replacement product, AndroGel. In June 2018, Tarek served as lead trial counsel for AbbVie in Rowley v. AbbVie, a bellwether trial where the plaintiff claimed AndroGel caused his deep vein thrombosis. The jury returned a complete defense verdict for AbbVie.
Russell v. Janssen Pharmaceuticals, Inc.
Lead trial counsel for Janssen in a case tried in the Philadelphia Court of Common Pleas claiming personal injuries allegedly caused by Xarelto, an anticoagulant developed by Janssen and Bayer Healthcare Pharmaceuticals. The jury returned a complete defense verdict for Janssen and Bayer in April 2018.
Hurricane Katrina Litigation
Co-lead trial counsel for large cement company defending against claims by a governmental entity for over $400 million in alleged property damage. Plaintiff brought these claims under maritime law, alleging that a barge that broke free during Hurricane Katrina caused the failure of a floodwall alongside a New Orleans neighborhood. The case settled on terms favorable to our client days before trial.
In re K-Dur Antitrust Litigation
Lead trial counsel for Merck in the class action and consolidated opt-out antitrust lawsuits brought by wholesalers and major pharmacy retail chains that directly purchased K-Dur® 20, an extended-release potassium chloride supplement. Plaintiffs sought over $800 million alleging a June 1997 patent settlement with a generic maker of K-Dur® 20 was anticompetitive. The matter settled shortly before trial.
Trial counsel for Merck & Co., Inc. in federal and state litigation concerning Fosamax®, a prescription drug used for the treatment and prevention of osteoporosis and other bone disorders.
Lyles et al. v. McNeil-PPC, Inc. et al.
- Galper v. Merck Sharp & Dohme Corp. Lead trial counsel for Merck in initial bellwether trial in California state coordinated proceedings involving 700 hundred lawsuits in which plaintiffs alleged Fosamax® caused atypical femur fractures. After a six-week trial the jury returned a complete defense verdict for Merck. Following the verdict, hundreds of California plaintiffs voluntarily dismissed their cases.
- Su v. Merck Sharp & Dohme Corp. Trial counsel for Merck in New Jersey state court in the first ever Fosamax® trial based on an alleged atypical femur fracture. A mistrial was declared midway through the trial due to the plaintiff’s unrelated medical problems.
Lead trial counsel for McNeil and Johnson & Johnson in the death of a teenager allegedly caused by Tylenol. The matter settled for a nominal sum on the first day of trial.
In re Ethicon Inc., Pelvic Repair System Products Liability Litigation
Trial counsel for Johnson & Johnson and Ethicon, Inc. in cases concerning alleged personal injuries from pelvic mesh products used for the treatment of pelvic organ prolapse and stress incontinence.
Plumbers and Pipefitters Local 572 Health and Welfare Fund et al. v. Merck & Co., Inc.
- Herrera v. Ethicon Inc., et al. Lead trial counsel for Ethicon and Johnson & Johnson in case tried in the Northern District of Illinois claiming personal injuries allegedly caused by pelvic mesh used to treat stress urinary incontinence. In August 2017, the jury rejected the vast majority of plaintiff’s claims, awarding only past medical expenses.
- Hammons v. Ethicon, Inc. Lead trial counsel in 2½ week jury trial in the Philadelphia Court of Common Pleas in which the plaintiff claimed multiple corrective surgeries and permanent injuries from use of discontinued vaginal mesh implant.
Trial counsel for Merck in a putative class action brought by health benefit payors under civil RICO and federal antitrust statutes relating to alleged co-pay subsidy programs. The action was voluntarily dismissed after Merck filed a dispositive motion.
In re Hormone Therapy Litigation
Trial counsel for Wyeth in product liability litigation involving Premarin® and Prempro® hormone replacement therapy products alleged to cause breast cancer.
Trial counsel for Merck & Co., Inc. in individual and government actions claiming Merck’s withdrawn anti-inflammatory medication Vioxx® caused heart attacks and other cardiovascular problems.
CEATS, Inc. v. Continental Airlines, Inc. et al.
- State of Louisiana v. Merck Sharp & Dohme Corp. Lead trial counsel in first Attorney General trial relating to Vioxx®. Obtained a complete defense verdict after a two-week bench trial in federal multi-district litigation court in Louisiana
- Vioxx Governmental Action Cases National counsel and lead trial counsel in several actions brought by State Attorneys General against Merck relating to Vioxx®. Negotiated settlements of several actions.
- Grossberg v. Merck & Co., Inc. Lead trial counsel in the first Vioxx® trial in California, which after 6 weeks resulted in a complete jury defense verdict for Merck.
- Mason v. Merck & Co., Inc. Co-tried a personal injury claim in federal court relating to Vioxx®. Unanimous defense verdict for Merck after less than two hours of jury deliberations.
- Plunkett v. Merck & Co., Inc. Co-tried the first federal Vioxx® personal injury trial in federal court in Houston. After a two-week trial, mistrial declared after jurors reportedly deadlocked 8-1 in favor of the defense. A two-week jury retrial in New Orleans federal court resulted in unanimous defense verdict for Merck on all issues, which later was overturned by the district court.
Won summary judgment of non-infringement on behalf of defendant Tickets.com in a patent infringement suit in the Eastern District of Texas. Plaintiff sued over 30 defendants relating to online ticketing patents. Tickets.com was the only defendant to win summary judgment of non-infringement.
Forrest Laboratories v. Abbott Laboratories
Co-tried for Abbott a patent case relating to neonatal surfactant. After an eight-week trial in Buffalo, New York the jury returned a unanimous verdict for Abbott on all issues, which later was overturned by the district court.
Engel v. Refco, Inc.
Co-tried National Futures Association arbitration claims brought by commodity futures investors against futures commission merchant.
Rosen v. Refco, Inc.
Co-tried AAA arbitration claims brought by commodity futures investors against futures commission merchant.
Gould v. FX Concepts, Inc.
Co-tried bench trial in Maryland state court involving claim brought by speculative foreign exchange investors against investment advisory firm.