Joshua E. Anderson
JOSH ANDERSON has extensive experience handling the defense of class actions, appeals and complex, multi-party litigation in federal and state trial courts. With a passion for providing creative solutions to complicated legal issues, Josh has substantial experience in the areas of life sciences, pharmaceuticals, consumer fraud, insurance, and bankruptcy. His recent victories include:
- Obtaining a $104 million judgment for a pharmaceutical company in a Hatch-Waxman patent infringement lawsuit following a three-week bench trial.
- Obtaining dismissal, summary judgment, and denial of class certification in a series of putative nationwide and statewide class actions against a pharmaceutical company involving the alleged false advertising of a prescription drug.
- Obtaining voluntary dismissal of claims against a pharmaceutical company involving alleged over-pricing to a 340B organization.
- Obtaining voluntary dismissal of claims against a pharmaceutical company involving challenges to its co-pay assistance programs for privately insured consumers.
- Obtaining $118 million judgment for a Korean automobile manufacturer after a four-day bench trial before a bankruptcy court, which was affirmed on appeal by the district court and the Ninth Circuit.
Recognized by his peers as one of the top young lawyers in California, Josh was named as one of the “Top 40 Under 40” Appellate Lawyers in California in 2014 by the American Society of Legal Advocates and a Super Lawyers Rising Star in 2006, 2007, 2009, and 2010 by Los Angeles Magazine.
Several of Josh’s victories have been reported in The National Law Journal, Law360, and by the Drug and Device Law blog, including the district court’s judgment in AstraZeneca AB v. Apotex Corp., 985 F. Supp. 2d 452 (S.D.N.Y. 2013), which was described in The National Law Journal’s article naming the firm to its 2014 Intellectual Property Hot List. In addition, the Arkansas Supreme Court’s decision in DePriest v. AstraZeneca Pharms., L.P., 351 S.W.3d 168 (Ark. 2009), which was identified as number two on the Drug and Device Law blog’s list of the Top Ten Best Prescription Drug/Medical Device Decisions Of 2009.
Prior to joining the firm, Josh served as judicial extern to the Honorable Barry Russell, U.S. Bankruptcy Court, Los Angeles.
Life Sciences and Pharmaceutical Class Actions
- Represented pharmaceutical company in Hatch-Waxman patent litigation regarding formulation patents related to a prescription drug. 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)).
- Represented pharmaceutical company in a series of nationwide and statewide class actions involving the alleged false advertising of a prescription drug. Obtained dismissal, affirmed on appeal or not appealed, of a putative nationwide class and two putative statewide classes (Pa. Employee Benefit Trust Fund v. Zeneca, Inc., 710 F. Supp. 2d 458 (D. Del. 2010); DePriest v. AstraZeneca Pharms., L.P., 351 S.W.3d 168 (Ark. 2009); Prohias v. AstraZeneca Pharm., L.P., 958 So. 2d 1054 (Fla. Dist. Ct. App. 2007)), and obtained summary judgment and the denial of class certification, affirmed on appeal, in another putative statewide class (Weiss v. AstraZeneca Pharms., No. B215901, 2010 WL 3387220 (Cal. App. Ct. Aug. 30, 2010).
- Represented pharmaceutical company in a nationwide class action involving challenges to its co-pay assistance programs for privately insured consumers. Obtained voluntary dismissal of all claims.
- Represented pharmaceutical company in two actions brought by a 340B organization involving the alleged over-pricing of prescription drugs. Obtained voluntary dismissal of all claims in both actions.
- Represented pharmaceutical company in an appeal from an adverse judgment in a case involving challenges to the reporting of certain benchmark prices for a prescription drug (In re Pharm. Indus. Average Wholesale Price Litig., 582 F.3d 156 (1st Cir. 2009)).
Insurance Class Actions and Litigation
- Represented title insurance company and two affiliates in bad faith action brought by 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.
- Represented 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 Company. Obtained dismissal of claims by California Attorney General (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 title insurance company in an administrative proceeding brought by the California Insurance Commissioner involving allegations that certain captive reinsurance agreements violated provisions of the California Insurance Code. Obtained favorable settlement.
- Represented Korean automobile manufacturer in bankruptcy adversary proceeding brought by its U.S. subsidiary alleging claims to recharacterize a debt as equity and for breach of contract. Obtained $118 million judgment after four-day bench trial (Daewoo Motor Am., Inc. v. Daewoo Motor Co., Ltd. (In re Daewoo Motor Am., Inc.), No. 2:03-ap-02155-BB, 2010 WL 7715192 (Bankr. C.D. Cal. July 6, 2010)), which was affirmed on appeal by the district court (Daewoo Motor Am., Inc. v. Daewoo Motor Co., Ltd. (In re Daewoo Motor Am., Inc.), 471 B.R. 721 (C.D. Cal. 2012)), and the court of appeals (Daewoo Motor Am., Inc. v. Daewoo Motor Co., Ltd. (In re Daewoo Motor Am., Inc.), 554 Fed. Appx. 638 (9th Cir. 2014)).
- Represented Korean automobile manufacturer in bankruptcy proceeding filed by its U.S. subsidiary. Obtained order denying debtor’s motion to extend the term of a creditor trust established under debtor’s confirmed Chapter 11 plan, which was affirmed on appeal (In re Daewoo Motor Am., Inc., 488 B.R. 418 (C.D. Cal. 2011)).
Real Estate Litigation
- Represented 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 major accounting firm and related entities in ERISA action. Obtained dismissal of all claims against all defendants.