Sanctions Imposed on High-Profile Litigator in Abbott Formula Safety Trial
In a notable development in high-stakes litigation, a Missouri judge has restricted Kirkland & Ellis partner James Hurst from arguing for Abbott Laboratories in an ongoing trial over infant formula safety. Judge Michael Noble of the St. Louis City Circuit Court sanctioned Hurst on Oct. 24 for “bad faith” conduct, stating that Hurst “repeatedly toed the line of appropriate conduct” by attempting to introduce evidence and testimony to sway the jury unfairly. The lawsuit, brought by the family of a premature infant who developed necrotizing enterocolitis (NEC), alleges that Abbott and Mead Johnson’s formulas are linked to the condition. Abbott faces hundreds of similar claims across the country, with recent litigation resulting in a $500 million verdict in another St. Louis case, currently on appeal. Judge Noble’s ruling detailed Hurst’s actions, including his alleged efforts to elicit prejudicial testimony against court orders. While he can remain in the courtroom, Hurst is barred from presenting arguments in what the court described as an effort to “elicit a mistrial.” Kirkland spokesperson Kate Slaasted defended Hurst’s record, highlighting his three-decade career and professional reputation. Abbott’s spokesperson, Scott Stoffel, also emphasized Hurst’s ethical approach and effectiveness in complex litigation. The defense team argued the