The Associated Press reported today that Merck & Co., manufacturer of Vioxx, will begin making payments into a settlement fund beginning in… ]]> http://www.beasleyallen.com/news/Merck-will-fund-Vioxx-settlement-in-August/ http://www.beasleyallen.com/news/Merck-will-fund-Vioxx-settlement-in-August/ Firm Announcements Thu, 17 Jul 2008 05:07:00 GMT MONTGOMERY, Ala. (AP) - Pharmaceutical company Merck says it will start cutting checks next month for former users of its withdrawn painkiller Vioxx. Merck announced plans today to fund the $4.8 billion settlement involving about 50,000 lawsuits.

Montgomery attorney Jere Beasley, whose firm helped negotiate the settlement, says it's an important day for users of Vioxx.

More than 48,000 of the roughly 50,000 people who claimed injuries have agreed to participate in the settlement program.

Beasley says that large numbers shows the settlement was a good agreement.

"Attorney General Troy King is contacting all of the remaining drug manufacturers which have been sued by the State of Alabama and will give each of them an… ]]> http://www.beasleyallen.com/news/Pharmaceutical-companies-have-30-days-to-settle/ http://www.beasleyallen.com/news/Pharmaceutical-companies-have-30-days-to-settle/ Firm Announcements Thu, 03 Jul 2008 05:07:00 GMT

MONTGOMERY, ALA - Jere Beasley, founding shareholder of Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., announced this morning Alabama Attorney General Troy King has put 69 pharmaceutical companies accused of defrauding Alabama's Medicaid system on notice they have 30 days to settle or be brought to trial.

Beasley's firm represents the State of Alabama in a series of cases against a total of 72 pharmaceutical companies. Three of the companies already have gone to trial, one in February and two in June, with juries in both trials finding in favor of the State, awarding a total of $329 million. There are 69 companies left facing charges of fraud. The State alleges the drug… ]]> http://www.beasleyallen.com/news/News-conference-set-regarding-remaining-drug-fraud-cases/ http://www.beasleyallen.com/news/News-conference-set-regarding-remaining-drug-fraud-cases/ Firm Announcements Wed, 02 Jul 2008 05:07:00 GMT MONTGOMERY, ALA. - Jere Beasley, founding shareholder of Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., who is representing the State of Alabama in a series of cases against pharmaceutical companies accused of defrauding the state Medicaid system, will hold a news conference tomorrow, July 3, 2008, at 10 a.m. CT.

The conference will address important developments in the remaining 69 cases involving the Alabama Medicaid fraud lawsuits.

The event will be held at Beasley Allen's main office in downtown Montgomery, Ala., at 218 Commerce Street, 3^rd floor.

For more information, contact Paul Lynn at 800-898-2034 or 334-269-2343.

Video coverage of the press conference

The state claims GlaxoSmithKline and Novartis engaged in fraud from 1991 to 2005, depriving the cash-strapped Medicaid program of badly needed resources. Attorneys for the two firms said the companies followed federal rules and the prices were proper.

The jury deliberated for about an hour Monday, then broke for the night. Deliberations are scheduled to resume at 9 a.m. Tuesday.

GlaxoSmithKline is a London-based healthcare company with U.S. headquarters in Philadelphia and Research Triangle Park, N.C. Its drugs include the asthma medication Advair. Novartis, which makes blood pressure medications Diovan and Tekturna, is the U.S. affiliate of a Swiss company with headquarters in East Hanover, N.J.

Alabama's attorney, Jere Beasley, told jurors in closing arguments that… ]]> http://www.beasleyallen.com/news/Jury-returns-verdict-of-$114M-in-Medicaid-fraud-case/ http://www.beasleyallen.com/news/Jury-returns-verdict-of-$114M-in-Medicaid-fraud-case/ Firm Announcements Tue, 01 Jul 2008 05:07:00 GMT MONTGOMERY, ALA. - After a week of testimony and two days of deliberations, an Alabama jury today returned a verdict of $80.9 million against pharmaceutical company GlaxoSmithKline and $33.2 million against Novartis. The companies were accused of illegally overcharging the State of Alabama for Medicaid drugs.

The state's claim included testimony that GlaxoSmithKline and Novartis engaged in fraud from 1991 to 2005, charging the Medicaid program one price for drugs while offering discounts and special prices to other companies.

This is the second verdict in favor of the State of Alabama against more than 70 drug companies accused of defrauding the Medicaid program, in the second case to go to trial. In the first trial, which concluded in February, a jury awarded the state $215 million from AstraZeneca Pharmaceuticals. Montgomery Circuit Judge Charles Price later reduced the amount to $160… ]]> http://www.beasleyallen.com/news/Jury-awards-state-millions-in-drug-trial/ http://www.beasleyallen.com/news/Jury-awards-state-millions-in-drug-trial/ Firm Announcements Tue, 01 Jul 2008 05:07:00 GMT The jury reached a decision Tuesday afternoon in the fraud lawsuit brought by the state against two drug companies.

The jury awarded the state a little more than $33,000,000 in compensatory damages from Novartis Pharmaceutical Company and almost $81,000,000 in compensatory damages from GlaxoSmithKline also known as GSK.

The jurors deliberated for about seven hours. They were trying to decide if the state of Alabama had been cheated by the drug companies. In other words, did the two drug companies knowingly charge the state's Medicaid agency more for prescription drugs than they charged their other clients? The jury said "Yes, they did."

But, the attorney who represented the state, Jere Beasley, wasn't completely happy with the verdict. "I was disappointed with the GSK verdict but the jury obviously believed that punitives weren't justified but I accept that. With Novartis, that was close on punitives. So, I certainly accept that. Both companies committed… ]]> http://www.beasleyallen.com/news/Alabama-Attorney-General-Release-on-Drug-Trial-Verdict/ http://www.beasleyallen.com/news/Alabama-Attorney-General-Release-on-Drug-Trial-Verdict/ Firm Announcements Tue, 01 Jul 2008 05:07:00 GMT (MONTGOMERY)-Attorney General Troy King today announced a second major victory in his litigation against drug companies for massive overcharges to the Alabama Medicaid Agency.  A jury in Montgomery County Circuit Court returned a verdict in favor of the State of Alabama, finding defendants, GlaxoSmithKline and Novartis Pharmaceuticals Corp. liable for a total of $114,247,233, of which $80,989,539 is from GlaxoSmithKline and $33,257,694 is from Novartis. 

"The State of Alabama continues to achieve victories in the important work of recovering what has been stolen from the Alabama Medicaid Agency and those who depend upon that agency for their needed medicines. Again, we express our gratitude and appreciation to Medicaid Commissioner Carol Steckel for her assistance."

On February 21, 2008, the first of the "AWP" cases to be tried resulted in a verdict for $215 million against the AstaZeneca pharmaceutical company.  On January 27, 2005, Attorney General… ]]> http://www.beasleyallen.com/news/Attorney-Spotlight:--Dee-Miles/ http://www.beasleyallen.com/news/Attorney-Spotlight:--Dee-Miles/ Firm Announcements Mon, 30 Jun 2008 05:06:00 GMT Dee Miles, who joined Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., in 1991, recently was selected by the American Trial Lawyers Association as one of the Top 100 Trial Lawyers in America. The ATLA is a national organization composed of the Top 100 Trial Lawyers from each state, with membership extended by special invitation only to those attorneys who exemplify superior qualifications, leadership, reputation, influence, stature, and profile, both civil plaintiff and criminal defense.

Miles manages Beasley Allen's Consumer Fraud Section, and has been instrumental in pioneering consumer fraud litigation for the firm, especially in the areas of "bad faith litigation" and life insurance litigation, with special attention to so-called "vanishing premium" cases. He oversees all cases being litigated in this section.

On a national level, Miles currently serves as lead counsel in a number of extremely important cases, including the pharmaceutical pricing… ]]> http://www.beasleyallen.com/news/Residents-near-yeast-plant-sue-over-odor/ http://www.beasleyallen.com/news/Residents-near-yeast-plant-sue-over-odor/ Firm Announcements Mon, 30 Jun 2008 05:06:00 GMT Lawsuits filed in federal and state court by several residents living near a yeast plant north of Headland claim the noxious odor coming from the plant is such a nuisance that it disrupts their quality of life, and are asking the court to award damages in their favor.

The suits were filed earlier this year against Redstar Yeast Plant, located north of Headland on U.S. 431.

"The defendants emitted an odor into the surrounding community which was so offensive that it interfered materially with the ordinary comfort of the plaintiff's existence," states the complaint filed in U.S. District Court on behalf of plaintiffs Macon and Jennifer Richards.

Rhon Jones, an attorney with Beasley, Allen, Crow, Methvin, Portis & Miles of Montgomery, said he believed the plant could do more to control the odor it emits.

"We're not trying to run anybody out of town or be anti-business, but we want to be fair," Jones said.

Jones also represents clients in the… ]]> http://www.beasleyallen.com/news/Judge-Approves-AstraZeneca-Fraud-Verdict/ http://www.beasleyallen.com/news/Judge-Approves-AstraZeneca-Fraud-Verdict/ Firm Announcements Thu, 19 Jun 2008 05:06:00 GMT Download the Order on Post-Judgment Motions

A judge in Montgomery has upheld the fraud verdict Alabama won against AstraZeneca Pharmaceuticals. But he trimmed the damages judgment from $215 million to $160 million.

A jury found the company committed fraud in overcharging for prescription drugs in the state's Medicaid program.

The jury ordered the company to pay $40 million in compensatory damages and $175 million in punitive damages. But the judge said the punitive damages could be no more than $120 million under Alabama law.

The lawyers featured in The National Law Journal's 2008 Winning special report, published in June, share a knack for artfully swaying judges and juries and taking risks when they see the opportunity to seize an advantage in the courtroom. The publication chose the victors of 10 cases from scores of nominations offered from firms of all sizes from just about every state in the union. The basic criteria required that nominees have… ]]> http://www.beasleyallen.com/news/Beasley-Allen-attorneys-named-to-Super-Lawyers-list/ http://www.beasleyallen.com/news/Beasley-Allen-attorneys-named-to-Super-Lawyers-list/ Firm Announcements Tue, 06 May 2008 05:05:00 GMT Four of Beasley Allen's attorneys were selected for inclusion on the 2008 Alabama Super Lawyers list of the best attorneys in the state. The magazine, published in partnership with Law & Politics and Business Alabama magazines, uses a multi-step evaluation process to select lawyers for its "best of" list, incorporating peer recognition and professional achievement. Only 5 percent of the total lawyers in Alabama are listed in Super Lawyers.

Representing Beasley Allen on the list are Founding Shareholder Jere Beasley, who was selected in the area of Personal Injury Plaintiff: Products; Thomas Methvin, Managing Partner, in the area of Consumer Law; Greg Allen, Shareholder, in the area of Personal Injury Plaintiff: Products; and J. Mark Englehart, in the area of Class Action/Mass Torts.

The selection process involves a statewide survey of lawyers for creation of a peer-nominated candidate pool and an independent candidate search, evaluation of the candidates by the… ]]> http://www.beasleyallen.com/news/Beasley-Allen's-Cawley-visits-nation's-capital-as-American-Heart-Association-advocate/ http://www.beasleyallen.com/news/Beasley-Allen's-Cawley-visits-nation's-capital-as-American-Heart-Association-advocate/ Firm Announcements Fri, 02 May 2008 05:05:00 GMT Jill Cawley, Secretary to the Investigators at Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., traveled to Washington, D.C., April 28-29 to participate in the American Heart Association's "Lobby Day," part of its volunteer advocacy program called "You're the Cure."

The Heart Association has been involved in congressional advocacy for more than 30 years, bringing volunteers from all walks of life to meet with legislators about issues of heart health, stroke, heart disease, awareness and prevention. Cawley was among nearly 700 people from every state and territory who attended this year's Lobby Day. Also attending from Alabama was Birmingham attorney Bill Bryant and Dr. Walter Johnson, a pediatric cardiologist at UAB.

Jill became active with the Heart Association after suffering… ]]> http://www.beasleyallen.com/news/Rollover-injuries,-deaths-prompt-proposed-tightened-regulations/ http://www.beasleyallen.com/news/Rollover-injuries,-deaths-prompt-proposed-tightened-regulations/ Firm Announcements Wed, 30 Apr 2008 05:04:00 GMT Studies recently conducted by the National Highway Traffic Safety Administration (NHTSA) and the Insurance Institute for Highway Safety (IIHS) concluded there is a direct link between vehicle roof strength and severe injury in the event of a crash, particularly a vehicle rollover accident.

Statistics show that approximately 10,000 people in the United States die in rollover crashes each year. Rollovers constitute only 3 percent of passenger vehicle crashes, but they are the most deadly, accounting for a full one third of the fatalities. Additionally, about 24,000 people are seriously injured in rollover crashes in the U.S. each year.

As a result, there is a proposal to amend the United States Code to require stronger Federal Motor Vehicle Safety Standards in the area of roof crush resistance. This includes enhancing the applied force resistance, and prohibiting roof components and structures from coming into contact with passenger dummies during testing.

According to the National Center on Elder Abuse (NCEA), no one knows precisely how many older Americans are being abused, neglected, or exploited. This is because there are no official national statistics.

Adding to the problem, there are no federal standards that govern residential care facilities, which are known by more than 30 different names across the country, perhaps most commonly as assisted living facilities.

In her testimony before the U.S. Senate Committee on… ]]> http://www.beasleyallen.com/news/Rhon-Jones-to-represent-Beasley-Allen-in-Hot-Fuel-MDL/ http://www.beasleyallen.com/news/Rhon-Jones-to-represent-Beasley-Allen-in-Hot-Fuel-MDL/ Firm Announcements Wed, 30 Apr 2008 05:04:00 GMT Beasley Allen attorney Rhon Jones will represent clients participating in Multidistrict Litigation (MDL) for a consolidated class action captioned "In re Motor Fuel Temperature Sales Practices Litigation, MDL Docket No 1840." Three firms will serve as co-lead counsel, with an additional six firms, including Beasley Allen, on the steering committee.

Numerous putative class actions were brought throughout the U.S. against motor fuel retailers, including Costco Wholesale Corp., alleging they have been overcharging drivers by selling gasoline or diesel that is warmer than 60 degrees without adjusting the volume sold to compensate for heat-related expansion or disclosing the effect of such expansion on the energy equivalent received by the consumer.

According to research conducted by Santa Monica-based Foundation for Taxpayer and Consumer Rights (FTCR), under its OilWatchDog project, gasoline expands measurably with heat, causing it to lose mass and energy. Retailers sell… ]]> http://www.beasleyallen.com/news/Alabama-court-clears-way-for-trial-against-drug-companies/ http://www.beasleyallen.com/news/Alabama-court-clears-way-for-trial-against-drug-companies/ Firm Announcements Fri, 18 Apr 2008 05:04:00 GMT MONTGOMERY, Ala. (AP) - The Alabama Supreme Court has ruled that more than one pharmaceutical company can be tried at the same time in the state's lawsuit accusing drug companies of overcharging the state's Medicaid program.

The state has filed suit against more than 70 companies and had sought to combine some of the cases. The drug companies had asked the Supreme Court to order that each company be tried separately.

Montgomery attorney Jere Beasley, who represents the state in the case, said the ruling clears the way for trial to begin June 16 on a suit against two of the companies, Novartis AG's pharmaceutical division and SmithKline Beecham Corp.

In the first trial in February, a state court jury awarded the state $215 million in its Medicaid drug pricing fraud case against AstraZeneca Pharmaceuticals LP.

King enjoyed the opportunity to meet the young people at Brantwood, who know the effects of abuse all too well. For more than 85 years, Brantwood Children's Home has been providing a safe, stable, structured environment for abused, neglected and other "at-risk" children. Currently Brantwood serves children and youth ages 10-21.

Brantwood youngsters prepared posters and poems on the subject of child abuse and the importance of prevention, and made presentations to King, who commented that… ]]>