Posts Tagged ‘Press Secretary’

The Empire Strikes Back – Rob Anderson, Others Possibly on the Hook for $52K due to the Bike Plan Injunction

Thursday, September 9th, 2010

[UPDATE: Word comes from City Attorney Press Secretary Matt Dorsey. Yes, they're looking for $52k:

"The City is seeking to recover its costs related to the preparation of the administrative record and excerpts of the record requested by the court.  We are also seeking to recover the costs we incurred in serving by messenger the attorney for the petitioner.  The recovery of these costs, which total $51,959, is authorized by the California Code of Civil Procedure.  

Aggressively pursuing the fullest possible recovery of the City's costs in litigation is a standard practice by the City Attorney's Office.  (And I would assume that's similarly true of other law offices, both public and private.)"

And here's another update:

"We're seeking to recover costs from the petitioners as a whole, so all of them.  Assuming we prevail, they can decide among themselves how to apportion what they owe.  

Also, we haven't received a copy of it yet, but it appears from the docket that Ms. Miles filed a motion to strike the cost bill.  The hearing is set for January 7."

So, there you have it.]

[Launching watermelons (two minutes long - there's a nice payoff with a slo mo bonus) can be fun but it's always best to quit while you're ahead...]

I don’t know, I can’t say I understand all this about social gadfly Rob Anderson, or the Coalition for Adequate Review (CAR), or “Ninty-Nine Percent Anderson” or some other person or entity being on the hook for expenses incurred by the City and County of San Francisco because of the whole Bicyle Plan injunction/litigation thing.

But word on the street today is that S.F. is pressing the case to get $52k in legal costs reimbursed. It’s all explained on the Holier Than You blog.

See?  (I’ll tell you, physics majors who went to UC Hastings are known to be extremely reliable sources of information, so that’s why I’m buying all this.)

Anyway, appears as if this case will continue into 2011, believe it or not.

Here it is in black and white:

“AUG-19-2010 MEMORANDUM OF COSTS AND DISBURSEMENTS, $51,959.00 TOTAL COSTS, MATURE DATE SEP-10-2010, FILED BY DEFENDANT CITY AND COUNTY OF SAN FRANCISCO”

“SEP-08-2010 NTC AND MOTION TO STRIKE OR IN THE ALTERNATIVE TO TAX RESPONDENTS COXT CLAIM; MEMO OF P AND A; DECLARATION OF MARY MILES IN SUPPORT ; DECLARATION OF ROB ANDERSON, PROOF OF SERVICE FILED BY PETITIONER COALITION FOR ADEQUATE REVIEW NINTY-NINE PERCENT ANDERSON, ROB HEARING SET FOR JAN-07-2011 AT 09:30 AM IN DEPT 301.”

On It Goes…

Jerry Brown Throws Down: State AGs Take On Abbott Labs for Blocking Generic Competition

Thursday, January 7th, 2010

California Attorney General Jerry Brown can’t abide big drug companies illegally blocking cheap generic substitutes from coming to market in a timely fashion. Check out the news just released by Press Secretary Christine Gasparac about Abbott Laboratories (ABT) and Groupe Fourner SA and how they impeded generic competition for the cholesterol-reducing drug Tricor.

All the deets are below and here’s a pdf of the $22.5 million settlement announced this morning.

El Protector De La Gente, Jerry Brown.

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California and 23 States Reach $25 Million Settlement Against Pharmaceutical Companies that Blocked Generic Drugs

Oakland-Attorney General Edmund G. Brown Jr. and 23 other state attorneys general today announced a $22.5 million settlement with pharmaceutical giants Abbott and Fournier after the companies “illegally blocked” cheaper generic substitutes for the cholesterol-reducing drug Tricor.

The settlement is the result of one of the country’s first legal actions challenging pharmaceutical companies for “product hopping,” a strategy to block generic competition by making slight changes to the formulation of a drug.

“Abbott and Fournier devised a complex scheme that illegally blocked cheaper generic drugs from entering the market,” Brown said. “They used minor reformulations of the drug to delay competition and filed frivolous patent lawsuits. This scheme cost California and other states millions of dollars.”

Beginning in 1998, Abbott and Fournier, two of the nation’s largest pharamaceutical companies, partnered to manufacture and distribute Tricor, a cholesterol-reducing drug. Tricor’s annual sales were in excess of $750 million.

By 2002, as Tricor’s patents were set to expire, several drug companies sought approval from the Food and Drug Administration (FDA) to market a generic drug equivalent to Tricor. To be approved by the FDA, the generic-drug manufacturer must prove that its drug has the same active ingredients and the same labeling as the brand-name drug, in addition to being a therapeutic equivalent of the brand-name product.

Once a generic drug is approved for market, the market share for a brand-name drug like Tricor can decrease by up to 80 percent. Most states and group health plans require pharmacists to substitute the generic drug for a brand-name drug to get the cost benefit of the cheaper generic version.

Knowing generic manufacturers were attempting to enter the market, the lawsuit alleged that Abbott and Fournier devised a complex scheme to delay and prevent the approval and marketing of generic versions of Tricor. The companies made minor changes in the form and dosage strength of Tricor that did not provide any significant health benefits over previous Tricor formulations. These minor changes interfered with and delayed any FDA approval of the generics.

To further delay the process, Abbott and Fournier also filed more than a dozen lawsuits against generic drug manufacturers Teva Pharmaceuticals and Impax Laboratories because the law prohibits the FDA from approving a generic drug for 30 months after patent-infringement lawsuits have been filed. After the 30-month automatic stays expired, all of the suits were eventually dismissed.

As a result of the scheme, Abbott and Fournier recorded Tricor sales exceeding $1 billion at the expense of consumers and state governments.

Today’s settlement agreement requires the companies to cease illegal efforts to block generic competition to Tricor and to pay the states approximately $22.5 million dollars. In California, the Department of General Services, Medi-Cal and the Department of Corrections will be reimbursed for overcharges.

States joining California in today’s lawsuit include: Arizona, Arkansas, Connecticut, District of Columbia, Florida, Iowa, Kansas, Maine, Maryland, Minnesota, Missouri, Nevada, New York, Oregon, Pennsylvania, South Carolina, Washington, and West Virginia.