Pharma v. State AGs: GlaxoSmithKline Is Fifth Firm To Challenge Hiring Of Private Counsel

GSK filed suit against the attorney general of Louisiana seeking a court order prohibiting the state from using private counsel in litigation over Avandia marketing; the state is seeking more than $10 billion in penalties.

Hit with a suit seeking more than $10 billion in penalties for its Avandia (rosiglitazone) marketing, GlaxoSmithKline LLC has fired back with a counter complaint against the attorney general of Louisiana to prevent his use of private lawyers in the litigation.

GSK says that Attorney General James “Buddy” Caldwell’s fee agreement with private counsel violates the Louisiana Constitution’s separation of powers doctrine, which prohibits the AG from expending state funds on private attorneys without authorization by the legislature; does not meet the statutory requirements for procuring such contracts; and violates GSK’s constitutional rights to due

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