Apr. 20, 2016
Lisa M. Gilford
See more on Lisa M. GilfordSkadden, Arps, Slate, Meagher & Flom LLP and Affiliates | Los Angeles
As lead counsel for the University of North Carolina at Chapel Hill, Gilford obtained dismissal last month of one of three class actions by thousands of former student athletes who alleged the school and the National Collegiate Athletic Association steered them into sham "paper classes" they were not required to attend, resulting in deficient educational instruction over the course of many years ending in the early 2000s. That academic scandal led to reforms and a rejuvenated Tar Heels athletic program. The school lost the March Madness national basketball championship earlier this month in spectacular fashion, losing on a three point buzzer beater by Villanova. "That disappointment came amid some interest in our case," Gilford said.
Gilford won the state court dismissal on sovereign immunity grounds due to the school's status as a state institution, and because the claims were untimely, she said. "They were aware that they did not have to go to class, and so all the facts were known to them that could have enabled them to sue long before the statute of limitations expired," she said. Two remaining suits in federal court were set for a hearing April 19. "These involve the same group of plaintiffs' lawyers representing out-of-state students," Gilford said. "We have moved to dismiss on virtually the same grounds. We hope the federal court agrees with the state court."
Gilford is herself from neighboring South Carolina. "I was part of a Skadden pitch team working on a number of university issues," she said. "I don't know whether my Carolina heritage helped, but it certainly didn't hurt." In another case with national implications, Gilford represents Purdue Pharma LP as an ongoing debate proceeds over opioid misuse. She secured a dismissal and stay of a complaint against the company over false marketing claims that allegedly downplayed OxyContin's addiction risks. Her team wove together several common-law defenses to demonstrate that a 2007 opioid marketing settlement between Purdue and the California Attorney General barred claims by Orange and Santa Clara counties. The strategy is to keep this and cases in other states on ice while the Food and Drug Administration devises an updated national opioid policy.
"The court understands that the FDA has primary jurisdiction here," she said. "It knows it should not step in while the FDA is looking into this and risk inconsistent rulings."
John Roemer
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