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Ellis George LLP: CA Court of Appeal Upholds $5 Million Jury Verdict Against Bristol-Meyers-Squibb-owned Impact Biomedicines
Ellis George LLP: CA Court of Appeal Upholds $5 Million Jury Verdict Against Bristol-Meyers-Squibb-owned Impact Biomedicines

Yahoo

timea day ago

  • Business
  • Yahoo

Ellis George LLP: CA Court of Appeal Upholds $5 Million Jury Verdict Against Bristol-Meyers-Squibb-owned Impact Biomedicines

Original verdict in Dr. James Brewer's fraud case reinstated by California Court of Appeal SAN DIEGO, July 21, 2025--(BUSINESS WIRE)--Ellis George LLP announced that The California Court of Appeal, Fourth Appellate District, has reversed a trial court order that reduced a jury verdict against Impact Biomedicines and instead reinstated the original $5,020,000 award. Impact Biomedicines, a division of Bristol-Meyers-Squibb, and Impact Biomedicine's founder and owner, Dr. John Hood, must pay San Diego physician and Alzheimer's researcher James Brewer M.D., Ph.D., more than $1 million in compensatory damages and $4 million in punitive damages in a fraudulent concealment case filed in 2019. Dr. Brewer, chair of the neurology department at UC San Diego, was represented by Christopher W. Arledge and Courtney L. Mitchell, both of Ellis George LLP, and Peter Afrasiabi of One LLP. At trial in the San Diego County Superior Court, a 12-member jury awarded Dr. Brewer more than $5 million, finding that Impact Biomedicines and Dr. Hood had defrauded Dr. Brewer as part of Impact Biomedicines' effort to end an FDA-mandated clinical hold and get Impact Biomedicines' experimental cancer drug approved. The jury accepted Dr. Brewer's argument that Impact Biomedicines and Dr. Hood had misled the FDA about the work Dr. Brewer had done for them and the conclusions he had reached and then concealed its false statements to the FDA from Dr. Brewer. Later, the trial court agreed that Dr. Brewer had proven his fraud case but reduced the damages number significantly. At the time, Mr. Arledge said he disagreed with the court's decision to reduce the damages and predicted that the trial court's order would be reversed on appeal. Today it was. According to the Court of Appeal's opinion, "We conclude that substantial evidence supports the jury's findings on liability and damages, and the jury's award of punitive damages was not constitutionally excessive…" "This was a hard-fought win against a very well-funded opponent and one of the largest, most-prestigious law firms in the country. Now a jury, a trial court, and an appellate court have all agreed that Dr. Brewer proved his fraud claim, and we're grateful to the Court of Appeal for recognizing that the trial court's reduction in Dr. Brewer's damages was a legal error," said Mr. Arledge. "This is an important win for Dr. Brewer and for patients who must be able to rely on the FDA drug-approval process." Impact Biomedicines was represented by Colleen C. Smith, John T. Ryan, Andrew R. Gray, and Melissa Arbus Sherry, all of Latham & Watkins. James Brewer v Impact Biomedicines, et al. Superior Court No. 37-2019-00067876-CU-CO-CTL About Ellis George LLP Ellis George LLP is an elite litigation and trial firm based in Los Angeles and with offices in San Francisco and New York. Whether plaintiff or defendant, individual, Fortune 500 corporation or entrepreneur, clients call upon Ellis George when seeking litigation counsel of the highest quality, creativity, dedication, and ethics. Visit View source version on Contacts Media Contact:Jim Goldman, GoldmanMediaGroup, for Ellis George LLPinfo@ 408-427-4349

Ellis George LLP: CA Court of Appeal Upholds $5 Million Jury Verdict Against Bristol-Meyers-Squibb-owned Impact Biomedicines
Ellis George LLP: CA Court of Appeal Upholds $5 Million Jury Verdict Against Bristol-Meyers-Squibb-owned Impact Biomedicines

Business Wire

timea day ago

  • Business
  • Business Wire

Ellis George LLP: CA Court of Appeal Upholds $5 Million Jury Verdict Against Bristol-Meyers-Squibb-owned Impact Biomedicines

SAN DIEGO--(BUSINESS WIRE)-- Ellis George LLP announced that The California Court of Appeal, Fourth Appellate District, has reversed a trial court order that reduced a jury verdict against Impact Biomedicines and instead reinstated the original $5,020,000 award. Impact Biomedicines, a division of Bristol-Meyers-Squibb, and Impact Biomedicine's founder and owner, Dr. John Hood, must pay San Diego physician and Alzheimer's researcher James Brewer M.D., Ph.D., more than $1 million in compensatory damages and $4 million in punitive damages in a fraudulent concealment case filed in 2019. Dr. Brewer, chair of the neurology department at UC San Diego, was represented by Christopher W. Arledge and Courtney L. Mitchell, both of Ellis George LLP, and Peter Afrasiabi of One LLP. At trial in the San Diego County Superior Court, a 12-member jury awarded Dr. Brewer more than $5 million, finding that Impact Biomedicines and Dr. Hood had defrauded Dr. Brewer as part of Impact Biomedicines' effort to end an FDA-mandated clinical hold and get Impact Biomedicines' experimental cancer drug approved. The jury accepted Dr. Brewer's argument that Impact Biomedicines and Dr. Hood had misled the FDA about the work Dr. Brewer had done for them and the conclusions he had reached and then concealed its false statements to the FDA from Dr. Brewer. Later, the trial court agreed that Dr. Brewer had proven his fraud case but reduced the damages number significantly. At the time, Mr. Arledge said he disagreed with the court's decision to reduce the damages and predicted that the trial court's order would be reversed on appeal. Today it was. According to the Court of Appeal's opinion, 'We conclude that substantial evidence supports the jury's findings on liability and damages, and the jury's award of punitive damages was not constitutionally excessive…' 'This was a hard-fought win against a very well-funded opponent and one of the largest, most-prestigious law firms in the country. Now a jury, a trial court, and an appellate court have all agreed that Dr. Brewer proved his fraud claim, and we're grateful to the Court of Appeal for recognizing that the trial court's reduction in Dr. Brewer's damages was a legal error,' said Mr. Arledge. 'This is an important win for Dr. Brewer and for patients who must be able to rely on the FDA drug-approval process.' Impact Biomedicines was represented by Colleen C. Smith, John T. Ryan, Andrew R. Gray, and Melissa Arbus Sherry, all of Latham & Watkins. James Brewer v Impact Biomedicines, et al. Superior Court No. 37-2019-00067876-CU-CO-CTL About Ellis George LLP Ellis George LLP is an elite litigation and trial firm based in Los Angeles and with offices in San Francisco and New York. Whether plaintiff or defendant, individual, Fortune 500 corporation or entrepreneur, clients call upon Ellis George when seeking litigation counsel of the highest quality, creativity, dedication, and ethics. Visit

Ellis George LLP: Proven Problem Solver, Gubernatorial Candidate Villaraigosa Stands on First Amendment to Fight Trademark Suit by Political Rival
Ellis George LLP: Proven Problem Solver, Gubernatorial Candidate Villaraigosa Stands on First Amendment to Fight Trademark Suit by Political Rival

Business Wire

time05-06-2025

  • Business
  • Business Wire

Ellis George LLP: Proven Problem Solver, Gubernatorial Candidate Villaraigosa Stands on First Amendment to Fight Trademark Suit by Political Rival

LOS ANGELES--(BUSINESS WIRE)--Democratic California Gubernatorial candidate Antonio Villaraigosa, the former Los Angeles Mayor and Speaker of the California Assembly, demanded in a court filing (Case No. 2:25-cv-03790) the dismissal of a lawsuit seeking to prevent him from using the phrase 'proven problem solver' in his campaign for California governor. 'Cloobeck's lawsuit is without merit, and his shotgun attempt to register a trademark on some 70 phrases is an insult to the First Amendment." Share In his motion to dismiss filed by Ellis George LLP, Century City, CA, Mr. Villaraigosa says the commonly used phrase 'proven problem solver' is not subject to trademark protection and that preventing him from using the phrase infringes on his rights under the First Amendment of the United States Constitution. Political opponent Stephen Cloobeck earlier filed to try to trademark the phrase, 'I am a proven problem solver,' and filed his trademark infringement lawsuit against Mr. Villaraigosa and Antonio Villaraigosa for Governor 2026 on April 29, 2025. Additionally, in preparing the filing, attorneys for Mr. Villaraigosa uncovered a number of occasions, sometimes sordid, where Mr. Cloobeck has used the courts and legal system in an attempt to weaken political, business and even personal rivals. Villaraigosa lawyer Eric M. George stated: 'Cloobeck's lawsuit is without merit, and his shotgun attempt to register a trademark on some 70 phrases is an insult to the First Amendment. Commonly-used words, phrases, speech that are part of political debate and elections cannot be trademarked. Californians are entitled to and deserve robust public debate from candidates when electing a governor.' According to the brief filed by Villaraigosa, '(U)nder Mr. Cloobeck's urged scenario, Mr. Villaraigosa would be violating a court order by describing himself as a 'proven problem solver' in a press conference, in campaign literature, in response to a journalist's questions, or in a campaign debate. To such draconian requests, Mr. Villaraigosa responds: 'Not in this country. Not under our First Amendment—no matter the bullying or wealth used in an attempt to silence a candidate for elected office. And not in keeping with anything I have witnessed during my more than 30 years of public service-including as Mayor of Los Angeles and as Speaker of the Assembly.'' In disputing Mr. Cloobeck's claim on the 'proven problem solver' phrase, Mr. Villaraigosa's brief cites countless instances over prior decades in which politicians before him have used the phrase in speeches, campaign materials and interviews. Mr. Villaraigosa's brief also notes that Mr. Cloobeck's suit is part of a pattern of frivolous litigation to drain rivals of finance and resources. In a text to Mr. Villaraigosa, Mr. Cloobeck said he was prepared to fight this case 'to the Supreme Court… which has been my consistent business practice for decades upon decades.' Mr. Villaraigosa and his campaign seek to have the trademark suit dismissed immediately. About Ellis George LLP Ellis George LLP is an elite litigation and trial firm based in Los Angeles and with offices in San Francisco and New York. Whether plaintiff or defendant, individual, Fortune 500 corporation or entrepreneur, clients call upon Ellis George when seeking litigation counsel of the highest quality, creativity, dedication, and ethics. Visit for more information.

Ellis George LLP: Proven Problem Solver, Gubernatorial Candidate Villaraigosa Stands on First Amendment to Fight Trademark Suit by Political Rival
Ellis George LLP: Proven Problem Solver, Gubernatorial Candidate Villaraigosa Stands on First Amendment to Fight Trademark Suit by Political Rival

Yahoo

time05-06-2025

  • Business
  • Yahoo

Ellis George LLP: Proven Problem Solver, Gubernatorial Candidate Villaraigosa Stands on First Amendment to Fight Trademark Suit by Political Rival

Cites violation of free speech and history of legal bad-behavior LOS ANGELES, June 05, 2025--(BUSINESS WIRE)--Democratic California Gubernatorial candidate Antonio Villaraigosa, the former Los Angeles Mayor and Speaker of the California Assembly, demanded in a court filing (Case No. 2:25-cv-03790) the dismissal of a lawsuit seeking to prevent him from using the phrase "proven problem solver" in his campaign for California governor. In his motion to dismiss filed by Ellis George LLP, Century City, CA, Mr. Villaraigosa says the commonly used phrase "proven problem solver" is not subject to trademark protection and that preventing him from using the phrase infringes on his rights under the First Amendment of the United States Constitution. Political opponent Stephen Cloobeck earlier filed to try to trademark the phrase, "I am a proven problem solver," and filed his trademark infringement lawsuit against Mr. Villaraigosa and Antonio Villaraigosa for Governor 2026 on April 29, 2025. Additionally, in preparing the filing, attorneys for Mr. Villaraigosa uncovered a number of occasions, sometimes sordid, where Mr. Cloobeck has used the courts and legal system in an attempt to weaken political, business and even personal rivals. Villaraigosa lawyer Eric M. George stated: "Cloobeck's lawsuit is without merit, and his shotgun attempt to register a trademark on some 70 phrases is an insult to the First Amendment. Commonly-used words, phrases, speech that are part of political debate and elections cannot be trademarked. Californians are entitled to and deserve robust public debate from candidates when electing a governor." According to the brief filed by Villaraigosa, "(U)nder Mr. Cloobeck's urged scenario, Mr. Villaraigosa would be violating a court order by describing himself as a 'proven problem solver' in a press conference, in campaign literature, in response to a journalist's questions, or in a campaign debate. To such draconian requests, Mr. Villaraigosa responds: 'Not in this country. Not under our First Amendment—no matter the bullying or wealth used in an attempt to silence a candidate for elected office. And not in keeping with anything I have witnessed during my more than 30 years of public service-including as Mayor of Los Angeles and as Speaker of the Assembly.'" In disputing Mr. Cloobeck's claim on the "proven problem solver" phrase, Mr. Villaraigosa's brief cites countless instances over prior decades in which politicians before him have used the phrase in speeches, campaign materials and interviews. Mr. Villaraigosa's brief also notes that Mr. Cloobeck's suit is part of a pattern of frivolous litigation to drain rivals of finance and resources. In a text to Mr. Villaraigosa, Mr. Cloobeck said he was prepared to fight this case "to the Supreme Court… which has been my consistent business practice for decades upon decades." Mr. Villaraigosa and his campaign seek to have the trademark suit dismissed immediately. About Ellis George LLP Ellis George LLP is an elite litigation and trial firm based in Los Angeles and with offices in San Francisco and New York. Whether plaintiff or defendant, individual, Fortune 500 corporation or entrepreneur, clients call upon Ellis George when seeking litigation counsel of the highest quality, creativity, dedication, and ethics. Visit for more information. View source version on Contacts Media Contact:Jim Goldman, GoldmanMediaGroup, for Ellis George LLPinfo@ 408-427-4349 Sign in to access your portfolio

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