Josh Anderson

Pharmaceuticals

Josh represents pharmaceutical and life sciences companies in national and statewide class actions, product liability, intellectual property and marketing cases.

Pharmaceuticals — Product Liability & Class Actions

• Represented a pharmaceutical company as lead counsel in two putative statewide class actions and hundreds of federal and state product liability actions related to five prescription drugs used to treat or prevent HIV, and obtained:
  
  • Summary judgment based on the statute of limitations in a single-plaintiff case, which was affirmed on appeal by the Delaware Supreme Court (Naisha v. Gilead Sciences, Inc., 303 A.3d 1219 (Del. 2023)).
  • Voluntary dismissal of failure to warn, strict liability and breach of warranty claims in California Judicial Council Coordinated Proceeding (Gilead Tenofovir Cases, JCCP No. 5043 (S.F. Super. Ct.)).
  • Dismissals without prejudice followed by voluntary dismissals in multiple single-plaintiff cases (Pierot v. Gilead Sciences, Inc., No. 18-0975, 2019 WL 1123148 (W.D. La. Mar. 11, 2019); Epstein v. Gilead Sciences, Inc., No. 19-81474, 2020 WL 4333011 (S.D. Fla. July 27, 2020); Evans v. Gilead Sciences, Inc., No. 20-cv-00123-DKW-KJM, 2020 WL 5189995 (D. Hawai’i Aug. 31, 2020)).
  • An order striking class allegations in a putative California statewide class action (Gilead Tenofovir Cases, JCCP No. 5043 (S.F. Super. Ct.)).
  • Sanctions against plaintiffs’ counsel for false and misleading lawsuit advertising and violation of protective order (Holley v. Gilead Sciences, Inc., No. 18-cv-06972-JST, 2021 WL 940594 (N.D. Cal. Mar. 12, 2021)).
• Represented a pharmaceutical company in Hatch-Waxman patent litigation regarding formulation patents related to a prescription drug used to treat acid reflux disease. Obtained $104 million judgment after a three-week bench trial (AstraZeneca AB v. Apotex Corp., 985 F. Supp. 2d 452 (S.D.N.Y. 2013)), affirmed by the Federal Circuit (AstraZeneca AB v. Apotex Corp., 782 F.3d 1324 (Fed. Cir. 2015)).
• Represented a pharmaceutical company in several putative nationwide and statewide class actions alleging misleading advertising of a prescription drug used to treat acid reflux disease. Obtained dismissals with prejudice, summary judgment and denial of class certification (Teamsters Local 237 Welfare Fund v. AstraZeneca Pharms. LP, 136 A.3d 688 (Del. 2016); Weiss v. AstraZeneca Pharms., No. B215901, 2010 WL 3387220 (Cal. Ct. App. Aug. 30, 2010); Penn. Employee Benefit Trust Fund v. Zeneca, Inc., 710 F. Supp. 2d 458 (D. Del. 2010); DePriest v. AstraZeneca Pharms., L.P., 2009 Ark. 547 (2009); Prohias v. AstraZeneca Pharms., L.P., 958 So. 2d 1054 (Fla. Dist. Ct. App. 2007)).
• Represented a pharmaceutical company in a putative nationwide class action challenging the marketing of a savings card program for a prescription drug. Obtained denial of class certification (Weisberg v. Takeda Pharms. U.S.A., No. CV 18-784 PA (JCx), 2018 WL 4043171 (C.D. Cal. Aug. 21, 2018)).
• Represented a pharmaceutical company in nationwide RICO and antitrust class action challenging the company’s co-pay assistance programs. Obtained voluntary dismissal.
• Represented a pharmaceutical company in multidistrict product liability litigation challenging the safety of prescription drugs used to treat acid reflux disease.

Insurance & Financial Services

Josh represents insurers and financial service companies in all types of class and individual actions, including alleged instances of breach of agreements and fiduciary duties, miscalculation of benefits, unlawful sales practices, and deceptive marketing. Additionally, in administrative proceedings and California regulatory actions, he represents broker-dealers, financial institutions and insurance companies.

Insurance & Financial Services — Litigation & Class Actions

• Represented a life insurance company and its affiliate in a series of actions brought by the California insurance commissioner, the California attorney general, policyholders and a disappointed bidder arising out of the insolvency and rehabilitation of Executive Life Insurance Co. Obtained dismissal of claims by the California AG (State of California v. Altus Fin., S.A., 36 Cal. 4th 1284 (2005)) and two putative nationwide classes of policyholders (Carranza-Hernandez v. Altus Fin. Corp., 2002 WL 726488 (9th Cir. 2002); Carranza-Hernandez v. Artemis S.A., 2002 WL 987919 (9th Cir. 2002)) and obtained favorable settlements of claims by the California insurance commissioner and disappointed bidder.
• Represented a financial services company and its affiliate in a putative nationwide RICO class action challenging their receipt of revenue-sharing payments from third-party mutual funds. Obtained dismissal with prejudice (Green v. Morningstar Inv. Mgmt. LLC, No. 17 C 5652, 2019 WL 216538 (N.D. Ill. Jan. 16, 2019)).
• Represented a life insurance company in a putative nationwide class action alleging deception related to the marketing of certain life insurance products. Obtained dismissal with prejudice (Levay v. AARP, Inc., No. 17-09041 DDP (PLAx), 2018 WL 5819846 (C.D. Cal. Nov. 2, 2018)).
• Represented a bank in prosecuting two lawsuits alleging breaches of loan agreements and personal guaranties. Obtained pre-judgment writs of attachment totaling more than $100 million, a favorable settlement with several defendants, and bankruptcy filings by the remaining defendants.
• Represented a title insurance company in an action alleging breach of fiduciary duty and negligence in connection with an escrow created pursuant to a purchase and sale agreement.
• Represented a life insurance company in a putative statewide class action alleging that defendants engaged in an unlawful sales practice known as “churning” — i.e., unlawfully selling insurance policies as replacements for existing insurance policies owned by putative class members. Obtained voluntary dismissal of all claims with no payment.
• Represented a life insurance company in a putative nationwide class action involving challenges to its calculation of benefits under the inflation protection provisions in long-term care insurance policies. Obtained favorable settlement.
• Represented a life insurance company in a putative nationwide class action involving challenges to its calculation of interest payments to beneficiaries. Obtained voluntary dismissal of all claims.
• Represented a title insurance company and two affiliates in a bad-faith action brought by a real estate developer involving the alleged wrongful refusal to defend and indemnify against three lawsuits. Obtained summary judgment for two of three defendants on all claims and obtained favorable settlement for the third defendant.
• Led the representation of a title insurance company in litigation regarding the escrow for a real estate transaction. 

Insurance & Financial Services — Administrative Proceedings

• Represented broker-dealers in three administrative proceedings filed by the California Department of Insurance, alleging that the companies’ entry into routine regulatory settlements over a period of many years warranted revoking or suspending the companies’ licenses to sell insurance products in California. Obtained voluntary dismissal of all claims in all three proceedings with no payment.
• Represented a commercial bank and its employee in challenging the California Department of Insurance’s denial of the employee’s application to sell insurance products in California. Obtained reconsideration of the denial of the employee’s application and issuance of a restricted license.
• Represented title insurance company in an administrative proceeding brought by the California Department of Insurance involving allegations that certain captive reinsurance agreements violated provisions of the California Insurance Code and the Real Estate Settlement Procedures Act (RESPA). Obtained favorable settlement.

Employee Retirement Income Security Act (ERISA)

Josh defends clients in complex ERISA class actions, as well as individual claims.

ERISA — Litigation & Class Actions

• Represented a life insurance company in a nationwide ERISA class action challenging the amount of profit the company receives from a stable value investment product it offers to 401(k) plans. Obtained summary judgment (Teets v. Great-West Life & Annuity Ins. Co., 286 F. Supp. 3d 1192 (D. Colo. 2017)), affirmed by the Tenth Circuit (Teets v. Great-West Life & Annuity Ins. Co., 921 F.3d 1200 (10th Cir. 2019)).
• Represented an accounting firm in an ERISA action challenging the company’s denial of benefits under retirement plans. Obtained dismissal with prejudice followed by favorable settlement on appeal (Thrall v. Prudential Ins. Co. of Am., No. CV-N-05-0067-HDM(RAM), 2005 WL 8161321 (D. Nev. Aug. 11, 2005); Thrall v. Prudential Ins. Co. of Am., No. 3:05-CV-00067-RAM (D. Nev. June 19, 2006)).
• Represented a life insurance company in a nationwide ERISA class action challenging the company’s receipt of revenue-sharing payments from third-party mutual funds. Obtained denial of class certification (Krikorian v. Great-West Life & Annuity Ins. Co., No. 16-cv-00094-REB-SKC, 2018 WL 4360539 (D. Colo. Sept. 13, 2018)).
• Represented a life and disability insurance company in a nationwide ERISA class action involving challenges to its application of a “crime exception” in its accidental death and dismemberment policies. Obtained partial dismissal and then favorable settlement.

Service and Recognition

Josh’s litigation and relationship skills have earned him recognition from clients and peers. He has been recognized in The Best Lawyers in America and has been named one of BTI Consulting Group’s “Client Service All-Stars.” His cases and victories have been reported in, among other places, the New York Times, Wall Street Journal, National Law Journal and The American Lawyer.

Dedicated in his pro bono work, Josh was a leader of the team that obtained a groundbreaking decision on behalf of Detroit public school students, which marked the first time a court (the Sixth Circuit) held that there is a fundamental federal right of access to literacy.

Personal Interests

In his free time, Josh enjoys spending time with his wife, two children (ages 14 and 11) and two dogs. A native Minnesotan, he remains an avid fan of all Minnesota sports teams; and he and his wife have been season ticket holders at LA musical theatre venues for years.