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In re Actos Products Liability Litigation
United States District Court for the Western District of Louisiana
2014 WL 2872299 (2014)
- Written by Rich Walter, JD
Facts
A group of consumers (plaintiffs) brought a federal products-liability lawsuit against Takeda Pharmaceuticals America, Inc. (Takeda) (defendant), the manufacturer of Actos, a prescription drug. Litigation continued for over 10 years. The consumers proved that, throughout that decade and despite knowing that a litigation hold was in place, Takeda destroyed clearly relevant documents in the custody of 46 Takeda employees. Takeda tried to cover up this spoliation of evidence. After demonstrating that they were prejudiced by the loss of the missing evidence, the consumers moved to have default judgment entered against Takeda.
Rule of Law
Issue
Holding and Reasoning (Dougherty, J.)
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