In Re: Zyprexa Products Liability Litigation

Eli Lilly & Company's Memorandum in Response to Motions Filed by John Doe, Vera Sharav, David Cohen & The Alliance for Human Research Protection

more+
less-

EFF is defending the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. EFF's client, an anonymous citizen-journalist, posted the links on the wiki. Eli Lilly complained, and Judge Weinstein issued his order on January 4. Nonparties in the litigation have the right to link to publicly important information, and EFF has challenged this order as an unconstitutional prior restraint on free speech in violation of the First Amendment. Preventing a citizen-journalist from posting links to important health information on a public wiki violates the First Amendment. According to The New York Times reports, the Eli Lilly documents show that the company intentionally downplayed the drug's side effects, including weight gain, high blood sugar, and diabetes, and marketed the drug for "off-label" uses not approved by the Food and Drug Administration (FDA). The documents were leaked from the ongoing Zyprexa products liability lawsuit, where Weinstein is the presiding judge. Copies of the leaked Eli Lilly documents have appeared on a variety of websites and other Internet sources. The links to the documents that were posted on the wiki were part of an extensive, in-depth analysis from a number of citizen journalists. A wiki is a website that allows many users to collaborate on its content, creating a kind of simple database for collecting information -- in this case, about the controversy surrounding Zyprexa. Zyprexa is Eli Lilly's best selling drug. Eli Lilly recently agreed to pay up to $500 million to settle claims relating to Zyprexa. This latest settlement brings the total paid by Eli Lilly to resolve lawsuits involving Zyprexa to more than $1.2 billion.

This is Eli Lilly's memorandum in response to motions filed by John Doe, Vera Sharav, David Cohen & the Alliance for Human Research Protection.

LOADING PDF: If there are any problems, click here to download the file.

Published In: Communications & Media Updates, Constitutional Law Updates, Products Liability Updates

Reference Info:Legal Memoranda: Prejudgment Remedies | Federal, 2nd Circuit, New York | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Electronic Frontier Foundation | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

CONNECT

From the Internet to the iPod, technologies are transforming our society and empowering us as... View Profile »


Follow Electronic Frontier Foundation:

Reporters on Deadline