FDA Advised of Defendant’s Litigation Misconduct and Sanctions

The court granted in part plaintiffs' motion for monetary sanctions after defendant disclosed corrected stability dissolution testing data during a bench trial and directed that the FDA be informed of defendant's conduct. "The conduct of [defendant] and [its drug manufacturer] reflects an appalling lack of awareness of a litigant’s responsibility to our justice system -- in [defendant's 30(b)(6) witness's] case conduct laced with mendacity as well. It is worth remembering that [the witnesses at issue] are not bit players here. [One] is the owner of [the manufacturer]. Both he and [defendant's 30(b)(6) witness] are members of [the manufacturer's] management team. . . . The FDA would be well advised to take notice of this pervasive corporate unwillingness to play by the rules. The Clerk is therefore directed to send a certified copy of this opinion to the General Counsel of the FDA. Sanctions are amply warranted here."

Shire LLC et al v. Abhai LLC, 1-15-cv-13909 (MAD March 22, 2018, Order) (Young, USDJ)