It’s often hard to know how seriously to take the issue of sovereign state power any more, with various attempts at nationwide class actions and arguments that one state can pass a law – like a consumer protection statute – and expect it to be applied to transactions that take place on the other side
Readers of this blog are familiar with the MDL Panel. And readers probably know that some, but not all, states have “mini MDL” procedures for coordinating cases in state court systems. This post criticizes, and proposes an amendment to, one aspect of California’s “mini MDL” statute.
California’s process for creating statewide coordinated proceedings is among
One of the high-profile ways in which the FDA has been strengthening product warnings lately has been to require more “black box” labeling – the FDA’s strongest form of warnings. Among other consequences, products bearing black box warnings cannot be advertised directly to consumers. Thus, the Agency’s decision to require a black box warning on
We posted on Monday about the two cover stories in the New York Times about Zyprexa that were based on internal Eli Lilly documents that might have been disclosed in violation of a protective order. We withheld judgment on whether the documents had been disclosed lawfully or not, because we just don’t know; we are
This article from the Minneapolis Star-Tribune reminded us of the simmering controversy about reprocessing medical devices that are labeled for single-use. Folks in the device and health care industries know the story: manufacturers produce certain medical devices labeled for single use only. Hospitals use the devices once; reprocessors sterilize the devices; and hospitals buy the
Cover stories in both yesterday’s and today’s New York Times criticize Eli Lilly’s marketing of Zyprexa based on internal documents provided by a plaintiff’s lawyer. The lawyer appears to have a clear conscience — his name and photograph appear in Sunday’s article, so no court would have any trouble tracking him down. Lilly, on the
This is another “better here than in a heap on my floor” posts. This post provides links to all court decisions (of which we’re aware) on the issue of drug preemption that have been handed down since the FDA published the so-called “Preemption Preamble” in January 2006.
As readers of this blog surely know, in
As everyone who litigates drug and medical device cases knows, the FDA has filed a number of briefs as amicus curiae over the past few years. It strikes us that it would be a good idea to collect them all in one place. Not only is this collection a resource in its own right, but
Professor Richard Nagareda, who’s developed quite a name for himself as a complex litigation scholar, just put out an article for the inaugural issue of a new publication, the Journal of Tort Law. The article, FDA Preemption: When Tort Law Meets the Administrative State, analyzes FDA preemption generally, but it focuses in particular on
We’ve never listened to podcasts.
Heck, back in November, we weren’t sure what a podcast was.
But two weeks ago, the ABA asked one of us to do a podcast. Herrmann recorded Chapter 3 (“What They Didn’t Tell You in Law School”) of his book, The Curmudgeon’s Guide to Practicing Law. As of today,