Peter J. Goss Discusses MDL Court’s Reduction of Punitive Award in Actos Bellwether Trial

Peter Goss commented for Law360 on the MDL court’s post-trial reduction of a $9 billion punitive jury verdict awarded in the first bellwether case to be tried in the Actos litigation.  Goss noted that the reduced award of $37 million still represented a 25:1 ratio of punitive to compensatory damages, which could be found on appeal to violate the defendants’ substantive due process rights.  Goss further observed that the Court seemed to advocate disgorgement of profits as a consideration for determining the size of a punitive award.  The article is available to Law360 subscribers here.  

Mr. Goss focuses his national practice on pharmaceutical and medical device product liability litigation and toxic torts. He has represented major pharmaceutical, medical technology, and chemical firms in hundreds of cases. Mr. Goss, who has won several published Daubert decisions, often serves as “science counsel” in life sciences litigation. He collaborates with leading experts to present complex medical and scientific evidence, both in dispositive motions and at trial. He is a frequent commentator on scientific evidence and legal developments of interest to FDA-regulated industries.

Blackwell Burke P.A., a litigation and trial boutique in Minneapolis, Minnesota, serves as national trial and litigation counsel for numerous Fortune 500 companies. The firm has extensive experience in class action defense, commercial litigation, food industry defense, labor and employment, and products liability. The firm has represented corporate clients in practically every jurisdiction in the country, as well as several foreign countries.

For more information about Blackwell Burke P.A. or Mr. Goss, please contact Kandy Branch at 612-343-3235 or kbranch@blackwellburke.com