Ghosts of litigation holds past - International Law Office
In the widely followed *In re: Actos (Pioglitazone) Products Liability
Litigation*, a Louisiana federal jury ordered a drug manufacturer to pay $6
billion in punitive damages and $1.5 million in actual damages.(1)
<http://www.internationallawoffice.com/newsletters/detail.aspx?g=b30a1c4e-4248-4992-82fb-6d37df9591dd#1>
An adverse ruling and instruction from the judge regarding spoliation of
evidence likely played an important role in the verdict. The spoliation
ruling stemmed from a litigation hold imposed in a separate lawsuit almost
10 years earlier.

*Spoliation ruling*

Even though the *Actos* multi-district litigation did not begin until 2011,
the spoliation ruling focused on a litigation hold issued by the
manufacturer in 2002 that involved the same drug. The broadly worded hold
required the manufacturer to retain "any and all documents and electronic
data which discuss, mention or relate to Actos". The hold had never been
lifted and had been refreshed multiple times between 2002 and 2011.


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Source:
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