In the News Today – March 21, 2016
- Lawyer says California Goes ‘Off the Rails’ on Innovator Liability: The California Court of Appeals “has gone off the rails again” on innovator liability, writes Steven J. Bornean of Reed Smith LLP. In T.H. v. Novartis Pharmaceuticals Corp., “the court held that a listed drug manufacturer can be liable for injuries allegedly caused by a generic version of the drug terbutaline sulfate, even though the listed manufacturer divested itself of the product six years before the plaintiff even used it.” (Lexology)
- Insurance Industry Seeks Administrative Solution to Assignment of Benefits Abuse: The insurance industry and Citizens Property Insurance Corporation are working with the Florida Office of Insurance Regulation to find administrative solutions to fight abuse of “Assignment of Benefit Reform” (AOB) agreements, which allow third parties to claim the insurance benefits resulting from loss, rather than receiving an upfront payment from homeowners. The Florida legislature this year failed to pass AOB reforms, a priority of the Florida Justice Reform Institute, “to help combat this kickback-driven lawsuit-for-profit scheme.” (Insurance Journal)
