 |
 |
 |
January 2010 Newsletter |
 |
|
|
 | The Fuzzy Line Between Merits and Class Certification Analyses
by ROBERT J. DREXLER, JR., ESQ. |
|
An often-stated principle in class certification law is that the class certification motion is not a motion on the merits; the merits of the case are distinct from the analysis of the class certification requirements. However, in practice, the line between a class certification and merits is blurred. Two recent California Court of Appeal cases illustrate this point.
[Read More]
|
|
| Inmates Continue to Endure Constitutional Violations While California Struggles with Prison Reform
By GALORAH KESHAVARZ, ESQ. |
|
The United States Constitution acts to guarantee fundamental rights concerning conditions of confinement and treatment for all criminal defendants sentenced to U.S. prisons. Pursuant to the Eighth Amendment of the U.S. Constitution, individuals convicted of a crime have the right to be free of cruel and unusual punishment while in prison. While no universal definition exists of what constitutions “cruel and unusual” punishment, it is settled that any punishment that is clearly inhumane or that violates basic human dignity may be deemed “cruel and unusual.” Typically, an inmate’s Eighth Amendment complaint regarding punishment and confinement conditions are brought in connection with federal civil rights laws, including the Prison Litigation Reform Act (PLRA), 18 U.S.C. §3626, and 42 U.S.C. §1983.
[Read More]
|
|
| To know or not to know? For Merck, the answer is both.
By BAHAR DEJBAN, ESQ. |
|
In January 1999 Merck began their Vioxx Gastrointestinal Outcomes Research (VIGOR) study which compared Vioxx to naproxen, which is the active ingredient in some brand name pain relievers. At the conclusion of the study it was not only apparent that there was a lower incidence of gastrointestinal events in patients being treated with Vioxx , but more significantly there was a higher risk of cardiovascular events in those same patients.
[Read More]
|
|
|
|
|
|
|
 |
