The Court’s Decision

Heard argued that New York Marine violated its policy obligations by refusing to appoint independent counsel. However, the Ninth Circuit ruled in an unpublished opinion that the insurer was under no obligation to cover the cost of independent counsel. Instead, New York Marine fulfilled its duty to defend by continuing to fund the law firm Heard initially retained, Cameron McEvoy PLLC.

Additionally, Heard’s claim that the insurer breached an implied covenant of good faith and fair dealing was dismissed. The court concluded that her allegations did not demonstrate that the insurer withheld any benefits due under the policy.

Background of the Case

The dispute originated in 2022 when New York Marine filed a lawsuit in California federal court seeking clarity on its coverage responsibilities in Heard’s defamation trial. The US District Court for the Central District of California dismissed Heard’s counterclaims against the insurer and deemed the coverage action moot. Heard subsequently appealed, but the Ninth Circuit upheld the lower court’s decision on all counts.

The Defamation Case’s Fallout

The underlying defamation case resulted in a jury awarding Johnny Depp $10 million in compensatory damages and $5 million in punitive damages in 2022. However, both parties eventually dropped their appeals as part of a settlement, with another of Heard’s insurers—a unit of Travelers Cos.—paying Depp $1 million.

According to the Ninth Circuit ruling, New York Marine contributed over $600,000 to Travelers for its share of Heard’s defense costs.

Legal Representation

New York Marine was represented by Musick, Peeler & Garrett LLP, while Heard was represented by Pasich LLP.

Case Details

• Case Name: New York Marine & General Ins. Co. v. Heard
• Court: Ninth Circuit
• Case Number: No. 23-3399
• Date: November 25, 2024

Amber Heard’s legal battle over insurance coverage is another chapter in the broader saga stemming from her public and contentious legal fight with Johnny Depp.

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Thousands of women across the United States rely on it to prevent pregnancy.

However, allegations suggest that the drug may increase the risk of brain tumors – particularly intracranial meningiomas.

Lawsuits claim that Pfizer – the drug’s manufacturer – failed to warn patients and doctors about the potential risks associated with Depo-Provera.

As more women report health complications – the legal battle continues to grow – with new lawsuits filed and the possibility of a consolidated legal process in the near future.

In this blog – we will provide an overview of the latest developments surrounding Depo Provera lawsuits and what you need to know.

What is Depo-Provera?

Depo-Provera is a birth control injection containing the hormone medroxyprogesterone acetate. Doctors administer it every three months to help prevent pregnancy. As a long-term contraceptive method, it is favored for its convenience and effectiveness.

While considered reliable for birth control, research has recently linked the drug to serious side effects, including brain tumors. As a result – Depo-Provera has faced increased scrutiny – with many questioning its long-term safety – especially when used for extended periods.

What is the Depo Provera lawsuit?

The Depo Shot lawsuit involves claims that Pfizer failed to warn consumers about the risk of developing brain tumors – especially meningiomas. These tumors may develop after using the contraceptive for long periods.

Legal filings suggest that Pfizer knew or should have known about these risks. However, the company did not properly inform doctors and patients. The lawsuits aim to hold Pfizer accountable for the health issues faced by many users. Plaintiffs are seeking compensation for – medical costs, emotional distress, and long-term injuries related to the drug.

Depo Provera lawsuit update – October 2024

Let’s take a look at the key updates on the Depo Shot lawsuits as of October and November 2024.

4 October 2024

Reports link Depo-Provera to the highest increase in cancer rates among commercially available drugs. Early studies show that Depo-Provera may increase the likelihood of developing tumors – including meningiomas – by up to five times compared to other drugs. This has heightened interest in lawsuits – with legal experts comparing it to other high-profile cancer-related lawsuits.

4 October 2024

A woman named Kristina Schmidt filed a lawsuit against Pfizer in the Northern District of California. Schmidt, who had been using Depo-Provera for 17 years, was diagnosed with an intracranial meningioma. Her case emphasizes that Pfizer knew or must have learned that Depo-Provera may be responsible for the development of brain tumors – despite long-term use.

11 October 2024

Legal battles over generic drug liability intensified. The central issue in the Depo Shot lawsuit is whether one can hold Pfizer responsible for brain tumors caused by generic versions of Depo-Provera. Although generic drugs are typically not accountable, Pfizer owns subsidiaries that manufacture these generics. This makes them potentially liable for the harm caused by these products.

17 October 2024

Evidence has emerged suggesting that Depo-Provera may also link to spinal cord tumors. While less common, some patients have been found with spinal meningiomas. And researchers are now focusing on the hormone exposure from Depo-Provera as a possible cause. A study in Neuro-Oncology Advances has further solidified this concern.

22 October 2024

In a new lawsuit filed in California Federal Court, Kristina Schmidt claims that years of using Depo-Provera caused her brain tumor. Schmidt’s lawsuit includes nine allegations against Pfizer and its co-defendants. It includes failure to warn, design defects, and fraudulent misrepresentation. These claims accuse the company of knowingly selling a dangerous drug without proper warnings.

25 October 2024

A woman in Indiana(Lesley Noble) filed a lawsuit against Pfizer. Noble had used Depo-Provera for 20 years before getting diagnosed with an intracranial meningioma in 2017. After invasive surgery and 36 rounds of radiation – her tumor aggressively regrew. Now, she is filing for a jury trial and seeking compensation for her medical expenses and emotional distress.

28 October 2024

Another Depo Provera lawsuit was filed in California (Monique Jones v. Pfizer et al.). This case follows the trend of lawsuits filed in states that accept innovator liability, holding manufacturers of original drugs like Pfizer accountable for generic versions of the drug. This concept is significant in the cases against Pfizer – especially for users of generic Depo-Provera.

29 October 2024

A new Depo Shot lawsuit was filed in California (Kathleen Fazio v. Pfizer et al.) in the Central District of California. The lawsuit highlights the growing number of cases against Pfizer. Legal experts expect these lawsuits to consolidate through multidistrict litigation (MDL). The filing suggests that a group of lawyers could soon handle the lawsuits under one federal judge to streamline the process.

1 November 2024

Anjanna Lawson filed a lawsuit in California after doctors diagnosed her with an intracranial meningioma following years of using Depo-Provera. Lawson started receiving the injections at age 16 and continued until September 2024. She had surgery to remove the tumor in 2023, but doctors found a residual tumor in early 2024.

Despite receiving radiation treatments – her tumor persists, causing her – vision loss, facial spasms, and a burning sensation. Lawson is seeking damages from Pfizer, Inc. and several other pharmaceutical companies involved in manufacturing the drug. This adds to the growing number of lawsuits linked to Depo-Provera.

What to do if you are affected?

If you have used Depo-Provera and received a brain tumor or other serious health diagnosis, it’s important to seek legal advice. You may be eligible for compensation for your – medical expenses, pain, and suffering.

A lawyer who specializes in product liability and pharmaceutical lawsuits can help you understand your rights. They can guide you on how to move forward with a claim. It’s essential to act quickly, as there are legal deadlines to file a case. Consulting an attorney will help you explore your options and protect your interests.

How to stay updated on the case?

To stay informed about the ongoing Depo Provera lawsuits – consider following news from trusted legal sources, law firm updates, and court filings related to the case. Many legal firms involved in the litigation will provide updates on new lawsuits, rulings, and other developments. You can also sign up for newsletters or alerts related to the Depo Shot lawsuits.

Conclusion

The legal situation with Depo-Provera is constantly changing. People are filing new lawsuits regularly. Women who have used the contraceptive and faced health issues, like brain tumors – are suing Pfizer. They claim the company failed to warn consumers about the risks.

As more women speak out, the case is growing larger. The courts could combine the Depo Shot lawsuits into one big case. If you think Depo Provera has affected your health – it’s important to take action. Consult with a lawyer to protect your rights and seek compensation for your suffering.

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Shubham brings a wealth of expertise to the table, having honed his skills by working at one of the Big 4s, followed by India’s first law firm management consulting firm and then in-house BD Manager at a leading law firm in India. During his stint at the consulting firm, he provided law firm management guidance to numerous law firms PAN India. Following this, Shubham leveraged his knowledge from a client-side perspective by serving as the in-house Business Development Manager at one of the India’s leading law firm, where he spearheaded the firm’s international business development efforts.

“Having witnessed the challenges faced by law firms of all sizes, I founded LawStrings Management with the vision of delivering tailored growth strategies, both domestically and internationally, using technology, data-driven, results-oriented approach. Our mission is to be the growth partners of the law firms, specifically emerging firms, and craft a sustainable growth path that empowers them and builds a strong foundation during their growth phase”, says Shubham Malhotra, Founder of LawStrings Management. “LawStrings Management offers a comprehensive suite of business development, management and legal technology services tailored to each firm’s unique needs, empowering them to reach to their target audience and build lasting relationships.”

He further adds, “My journey as a law firm management consultant and in-house BD Manager provided me an opportunity to work closely with the numerous law firm Founders and Partners and understand their challenges. At LawStrings Management we have crafted our services in a unique way to provide growth strategies to the law firms of all sizes.” 

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Launched in 2022, Astorg Philanthropy Investments’ objective is to support the transition to a healthier and more inclusive society.

The Latham team was led by Paris corporate partner Simon Lange, with associate Christos Ierna.

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Founded in August 2014 as a sole proprietorship and officially incorporated on January 1, 2015, Aumirah has rapidly become a distinguished player in the legal field. With a diverse team of over 60 professionals, including engineers, scientists, PhDs, and lawyers, Aumirah serves a global clientele of more than 1600 clients. The firm’s dedication to diversity, equity, and inclusion, coupled with its commitment to excellence and service, has garnered widespread recognition and numerous accolades.

The new series of newsletters underscores Aumirah’s ongoing commitment to staying at the forefront of legal developments and providing cutting-edge knowledge to its clients. Each newsletter will delve into a specialized area of law, offering in-depth analysis and practical guidance on topics ranging from cybersecurity to fintech, and from IP to competition and investment law.

In a statement, Rahul Bagga, Founder of Aumirah, said, “Aumirah has always been a research-driven IP and corporate law firm, owing to the impressive clientele we serve across different domains of science, technology, and business. We believe we owe it to our clients to always keep ourselves updated and upskilled with various aspects of law, science, and technology. In that pursuit, we are pleased to announce that Aumirah is launching a series of newsletters, each focusing on a special area of law concerning businesses.”

Anuj Kumar, Founder of Legal Desire Media & Consulting, added, “As a Business Development Manager and Consultant for Aumirah, I am thrilled to see this initiative take flight. These newsletters will not only keep the clients and global audience informed but will also showcase the depth of expertise and dedication Aumirah brings to the table. This is a significant step in ensuring our clients are always ahead in the ever-evolving legal landscape.”

The first edition of the newsletter on Global IP will provide valuable insights into the latest trends, legal developments, and best practices in the field of intellectual property. Subsequent editions will cover other pivotal areas of law, ensuring that clients and stakeholders remain well-informed and prepared to navigate the complex legal landscape.

For more information and to subscribe to the newsletter series, visit their website.

About Aumirah

Founded in 2014 and incorporated in 2015, Aumirah has swiftly emerged as a prominent player in India’s IP and legal industry. The firm’s dedication to diversity, equity, and inclusion, combined with its commitment to excellence and service, has spawned numerous associations and companies across India and abroad. With a team of over 60 professionals, Aumirah serves a global clientele of more than 1600 clients.

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It is important to clarify the following facts:

Repeated Rejection of Damages Claim: KAL Airways and Kalanithi Maran initially sought damages of more than Rs.1300 crore during the arbitration proceedings. This claim was thoroughly examined and subsequently rejected by a panel of three retired Supreme Court judges.

Following this, KAL Airways and Kalanithi Maran appealed to the Single-Judge Bench of the Delhi High Court, seeking the same amount in damages, which was again rejected by the court.

Notably, they chose not to pursue any appeal before the appellate jurisdiction and consequently, the matter attained finality. This matter is devoid of any merit and appears to be an endeavour to sensationalise the issue and mislead the public.

The Division Bench of the Delhi High Court on May 17, 2024, ruled in favour of SpiceJet and Ajay Singh. Following the success before the Division Bench of the Delhi High Court, SpiceJet will now pursue a refund of Rs.450 crores as outlined in our previous press release.

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“AI will revolutionize and transform the future of work for professionals across the globe. Thomson Reuters is at the forefront of the AI movement, and we have demonstrated our commitment through the annual investment of more than $100 million in AI,” said Steve Hasker, president and CEO, Thomson Reuters. “Professionals have our unwavering commitment and support as they safely navigate the opportunities and challenges provided by the evolving AI landscape. This is an exciting time as the Thomson Reuters team plans to expand, scale, and upskill at pace.”

Building AI-Powered Capabilities

Following the synergistic acquisition in August 2023, Thomson Reuters is committed to integrating Casetext with its proprietary solutions. Taking a “best of” approach across product development, Thomson Reuters will leverage Casetext to accelerate time to market, blend content with workflows, and expand beyond legal research to provide meaningful benefits to customers across its segments.

Enhancing its flagship product, Thomson Reuters is set to make a new generative AI skill available in Westlaw Precision later this month. Using the new skill named Westlaw Precision AI-Assisted Research, customers will be able to ask complex questions in conversational language and quickly receive synthesized answers. Leveraging innovation from CoCounsel, the new skill will draw from Thomson Reuters industry-leading, trusted content from across statutes, cases, and regulations to quickly resolve queries that used to take hours.

Generative AI skills in Westlaw Precision will be available to customers in the United States on November 15. Find more information here.

In addition, Practical Law customers will be able to benefit from generative AI in a new chat-type interface. Using the new Practical Law Answers, users will be able to submit queries in conversational language and quickly receive answers validated by trusted content created by more than 650 legal experts.

Generative AI skills in Practical Law Dynamic Tool Set are currently in beta and will be available to customers in the United States in January 2024. Find more information here.

“Our entire approach to generative AI starts with our customers, and the solutions we’re announcing today bring together our strongest assets – our leadership in AI, our trusted content, and human expertise. Research that previously took hours can now be delivered in minutes, removing uncertainty, and delivering accurate outcomes, enabling our customers to focus their time where their expertise matters most,” said David Wong, chief product officer, Thomson Reuters.

Strategic Acquisitions: Thomson Reuters continues to build on its strategy of pursuing acquisitions to accelerate generative AI capabilities. In August, the company completed its acquisition of Casetext, a company that uses advanced AI and machine learning to build technology for legal professionals. Through the integration of CoCounsel, its key product, Thomson Reuters will continue working to accelerate breakthroughs in generative AI, driving greater productivity, impact, and efficiency for legal customers.

To deliver value for tax professionals, Thomson Reuters completed its acquisition of SurePrep earlier in the year. SurePrep leverages AI and a consumer-grade, mobile-friendly design to help U.S. accounting firms bolster productivity and profitability. Integrating this acquisition also furthers the company’s efforts to offer seamless, cloud-based workflow solutions to the professionals it serves.

Partnering for Success: As part of Thomson Reuters Ventures, an enterprise technology venture capital fund, the company recently invested in Neo.Tax. Integrated with ONESOURCE Income Tax, Neo.Taxuses AI to apply tax rules and requirements to claim research and development (R&D) expenses, avoiding a manual process that can take companies hundreds of hours, if not months, to complete.  This is in addition to Truewind, which leverages generative AI to automate bookkeeping and financial modelling to empower small and mid-size businesses.

An additional collaboration includes Thomson Reuters working with Microsoft on a contract drafting solution for Microsoft 365 Copilot for Word. The plugin will help professionals unlock the potential of generative AI with legal content from Thomson Reuters products, easily surfacing content within Microsoft Word for faster initial drafting, and allowing users to use their expertise to edit, validate, and build the final document with integrated access to Thomson Reuters knowledge, content, and AI technology.

Intelligent Drafting is currently in beta and will be available to customers in the United States in the first half of 2024. Find more information here.

Upskilling Thomson Reuters Colleagues: Thomson Reuters is highly focused on investing in programs to enable learning and development for its 26,000 colleagues globally who use AI across every team. Based on the company’s  data and AI ethics principles, the company is delivering training and technology to increase colleagues’ understanding of AI in a safe and an effective environment for application and learning, including AI learning pathways with specialized options for technologists and customer-facing sales teams. In addition, Thomson Reuters Labs created Open Arena, an enterprise-wide large language model (LLM) learning environment, which has helped unlock company-wide experimentation with generative AI .

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Legal departments are increasingly under pressure to do more with less: 70% report higher matter volumes, yet 66% say that their budgets are flat or declining. While new technologies, including AI, could help improve efficiencies, legal departments say they are facing what the report terms a “technology conundrum.”

Increasing use of technology is a high priority for legal departments with a majority of general counsel (57%) saying that leveraging technology automation is one of their top cost-control strategies. As a result, using technology to improve workflow efficiency is their second-highest priority, ranking behind controlling outside counsel costs. However, only 32% of legal departments’ budgets for legal technology are increasing.

“Corporate legal departments continue to face challenges in making the up-front investments in technology needed to keep pace with expanding workloads,” said Laura Clayton McDonnell, president of the Corporates segment for Thomson Reuters. “Efficiency is more paramount than ever as the volume of work continues to increase, and many legal departments are seeking to bring more work in-house. Technologies, including AI, can not only improve efficiency, but potentially position legal departments to move from being cost centers to growth enablers by assisting in the development of new products and services.”

As far as which technologies legal departments value, e-billing and spend/matter management software rated as the most valuable, followed by e-signature, litigation hold, and legal research. The Future of Professionals Report found that 60% of legal professionals believe AI will result in corporate legal departments moving more work in-house over the next five years, owing to improved efficiency and reduced costs. However, legal professionals also have concerns about AI, including the accuracy of outputs and the need for regulation to govern the ethics of AI.

Legal departments also are conflicted about return-to-office policies, seeking to balance the benefits of face-to-face interaction with the autonomy and flexibility of remote working. However, the decision may be largely out of their hands, as 54% of legal departments say their policies are set by the broader organization.

Download a copy of the 2023 Legal Department Operations Index here.

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The Appellant and Respondent were shareholders in a joint venture incorporated in the Cayman Islands. The relationship between the shareholders was governed by a shareholders agreement containing an arbitration clause. The issue arose when the Respondent filed a petition in the Cayman Islands to wind up the joint venture on just and equitable grounds. The question on appeal before the JCPC was: Is any part of a petition to wind up a company on just and equitable grounds susceptible to arbitration?

The JCPC answered this question in the affirmative, ruling in favor of the Appellant, overturning the decision of the Cayman Islands Court of Appeal below and ordering a stay of the winding-up proceedings in favor of arbitration. The JCPC considered that certain matters that underpinned the basis for the Respondent’s winding-up petition must be first determined by arbitration in accordance with the parties’ agreement. A detailed analysis of the judgment will follow.

The Sidley Team, based in Hong Kong, was led by Desmond Ang (Partner), with support from Sophia Tong (Senior Managing Associate) and Christoph Murphy (Managing Associate).

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The playing field has long been a place in the world of sports where barriers are broken down and social conventions are challenged. Regardless of their race, nationality, or gender, athletes have been praised for their outstanding talents. However, as society changes and our understanding of gender identity deepens, a new chapter in the history of sports has developed, one that examines the acceptance of transgender athletes. There has been endless discourse to determine under which category should transgender athletes be allowed to play; especially whether those who have transitioned from a male to female should get the opportunity to participate under the women’s category or not. This debate has once again gained traction after Sam Ponder’s recent remarks on the issue.
Sam Ponder, an ESPN broadcaster came under fire recently for her comment backing the argument that transgender athletes should not be allowed to participate under the category for women since it leads to questions about competitive advantages, physical differences, and the potential impact on cisgender female athletes. As per Ponder, allowing trans athletes who’ve transitioned from male to female and thus being allowed to participate under female category gain an unfair advantage due to their biologically stronger body. This comment gained mixed feedback with some backing her claim while others slamming her for bigotry. Nancy Amour, in USA Today wrote an article slamming Ponder for what she claims is her screeching about fairness to hide her bigotry towards transgender girls and women especially those who inspite of the numerous hurdles were courageous enough to participate in sports. 

What do the Sport Authorities say ? 

Sports authorities from all around the world have been actively participating in the current discussion about the involvement of transgender athletes. These governing bodies have taken steps to draught regulations that strike a balance between the values of equality and competition because they understand how important it is to create inclusive and fair working environments. Transgender athletes must fulfil requirements set forth by organisations like the International Olympic Committee (IOC) and various national sports federations in order to compete in gender-specific divisions. These standards, which strive to level the playing field while respecting the rights and identities of transgender athletes, frequently include hormone therapy and testosterone level restrictions. The approach taken by the authorities highlights the necessity for careful analysis and continuing discussion to guarantee sports fairness.  While organizations like the World Athletics, Scottish Rugby, Fina, England’s Rugby Football Union and the International Rugby League have categorically banned trans women who have transitioned post puberty to participate in any female categories. 

What do the athlete say ?

Diverse players hold a variety of views about transgender athletes competing in sports. Athletes who emphasise the value of equality and celebrate diversity in sports show their support for inclusion. They contend that as long as appropriate rules are in place to ensure fairness, transgender athletes should be given the chance to compete depending on their stated gender. On the other hand, several athletes have worries over unfairness, competitive advantages, and possible effects on cisgender athletes. They need in-depth analyses and rules that take into account the physiological variations brought on by transgender involvement. The viewpoints of athletes add to the continuing discussion by stressing the difficulties and demand for careful deliberation in this issue.

Championing for a middle ground : 

In the world of sports, champions are not solely defined by their athletic prowess but also by their unwavering commitment to inclusivity. Embracing the diversity of athletes, including transgender individuals, is a testament to the true spirit of sportsmanship. By championing inclusivity, we foster a sporting culture that celebrates the human experience in all its forms. It sends a powerful message that every athlete, regardless of their gender identity, deserves an equal opportunity to participate, compete, and excel. Through inclusivity, we not only break down barriers but also create a harmonious and inspiring arena where athletes can showcase their talents and inspire generations to come.

Conclusion : 

In the quest for transgender participation in sports, striking a middle ground that ensures fairness and inclusion is paramount. It requires acknowledging and addressing the concerns raised by both sides of the debate while upholding the principles of equality and respect. Through careful evaluation, expert guidance, and ongoing research, sports authorities can develop guidelines that create a level playing field while honouring the identities of transgender athletes. Moreover, fostering a culture of understanding, empathy, and education among athletes, coaches, and the public is crucial in cultivating an environment where inclusivity thrives. By striving for fairness and inclusion, we can create a future where sports truly become a platform for unity, diversity, and the celebration of human potential.

Author: Shruti Gala

Edited by: Apoorva Mehta

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