OCTOBER 25, 2011 – The Eighth Circuit affirmed the judgments of the district court, finding that Jeanette Rick and the other plaintiffs-appellants were time-barred from bringing their hormone replacement therapy cases against Wyeth in Minnesota by a New York state court’s ruling on New York’s statute of limitations.

This week Gustafson Gluek P.L.L.C. filed a petition for certiorari in the United States Supreme Court, asking the Court to decide whether the Eighth Circuit correctly interpreted New York state law.  The firm expects the Supreme Court to issue its decision on the petition in late March.

Gustafson Testifies in front of House Subcommittee

by Gustafson Gluek, PLLC on September 26, 2011

WASHINGTON D.C. – September 20, 2011– Dan Gustafson, who is heading an American Antitrust Institute Pharmacy Benefit Manager Merger Ad Hoc Working Group, testified before the House Judiciary Subcommittee on Intellectual Property, Competition and Internet at the hearing on “The Proposed Merger between Express Scripts and Medco” in his individual capacity as an antitrust practitioner, raising concerns regarding the possible anticompetitive effects of a merger between two of the three largest pharmacy benefit managers.

C-Span Video of PBM Merger Hearing

PBM Merger Testimony of Dan Gustafson

PBM Merger Hearing Transcript of Dan Gustafson

PBM Merger Hearing Transcript

PBM Merger American Antitrust Article

Gustafson Defends Women’s Right to Prosecute Case Against Wyeth

by Gustafson Gluek, PLLC on June 16, 2011

JUNE 15, 2011 – Dan Gustafson presented oral argument on behalf of plaintiffs-appellants before the Eighth Circuit Court of Appeals, arguing that the New York timeliness dismissal of Jeanette Rick et al., v. Wyeth et al., should not bar a subsequent diversity action in Minnesota federal court. In personal injury cases, New York has a three-year statute of limitations, whereas Minnesota’s statute of limitations is six years.

Jeanette Rick and 8 other women allege that Defendants’ hormone replacement therapy caused their breast cancers, and that Plaintiffs were not adequately warned of such risk. The firm expects a decision within the next few months.

Listen to Oral Argument

MINNEAPOLIS – October 14, 2010 – Medtronic, Inc. (NYSE:MDT) today announced that it has entered into an agreement to settle existing U.S. lawsuits relating to its Sprint Fidelis® family of defibrillation leads (Sprint Fidelis Models: 6930, 6931, 6948, 6949) that were the subject of a field action announced on October 15, 2007.

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