On Tuesday, The New York Times reported:

The finger-pointing in Merrill Lynch’s bonus troubles shifted to a new target on Monday in two court documents that essentially said: blame the lawyers.

Responding to questions posed by a federal judge, Bank of America and the Securities and Exchange Commission said the bank had relied on

AmLawDaily catches Merck passing the reins from Cravath, Swaine & Moore to Williams & Connolly for its petition to the Supreme Court regarding the consolidated Vioxx securities litigation. In a moment, we’ll look at Merck’s (likely very, very expensive) brief, and marvel at the Catch-22 it proposes.

But first, some background, courtesy of the Third Circuit’s opinion

Every patient can be assured that, upon filing a major claim for chemotherapy or neurosurgery or the like, the insurance company will scour their medical records and application to find for any excuse to deny coverage.
The outrageous part is that half of these investigations of expensive claims result in recission. Does anyone believe half of these people lied on their insurance forms? The insurance companies certainly don’t, which is why the insurance companies refused Congress’ suggestion they limit recission to cases of intentional fraud.

Continue Reading Health Insurance “Rescission” Three Times More Likely Than Losing Russian Roulette

Trial courts in Pennsylvania (particularly the United States District Court for the Eastern District of Pennsylvania) continue their organic development of the “gist of the action” doctrine in the absence of explicit guidance from the Pennsylvania Supreme Court.*

The latest comes from EDPA Judge Jan E. DuBois in Farmaceutisk Laboratorium Ferring A/S v. Shire United