We have some good news and some bad news.
Okay, if you insist.
First, the good news: It’s Judge Moody’s decision granting the defendants’ Daubert motion to exclude plaintiffs’ general causation expert in the Accutane MDL.
You gotta love America. Just last week, the big news was that a New Jersey state court jury had
We don’t try to provide breaking news on this blog. It’s beyond our capacity — if we want to keep our day jobs, as practicing lawyers.
But we sure do like to kibbitz.
Here goes.
On Wednesday, Eli Lilly & Co. released the results of a survey of 402 psychiatrists who treat patients with bipolar
Shortly after the Senate passed its version of the FDA Revitalization Act (“FDARA”) last May, we sat down and read the whole thing – all 500 pages of it – looking for anything nefarious that might have been slipped into the legislation touching on preemption. We never blogged on the subject because we never found
When we heard the other day that Watson v. Philip Morris had been handed down, we weren’t expecting miracles. Watson was one of those cases that you can pretty well tell what’s going to happen from the oral argument – and the oral argument hadn’t given those of us who live on the right side
We previously mentioned here that oral argument had been scheduled for Colacicco/McNellis for September 17, 2007. That statement is now inoperative. The parties have been notified by the Third Circuit that the case has been “removed from the argument list” for that date. No date for relisting has been given.
We often argue by analogy, and we’ve just spotted an analogous California case that says some things the ought to be said about what makes an inadequate class representative. The case is Bodner v. Oreck Direct, LLC, 2007 WL 1223777 (N.D. Cal. April 25, 2007), and it involved an economic loss only product liability
Many states have enacted statutes creating a defense to some or all damages if a drug manufacturer complies with requirements imposed by the FDA.
This is already a big issue; it is about to become a bigger one.
As readers of this blog know, the preemption defense is percolating through the courts. Colacicco is first
Travel back with us, if you will, for forty years.
Before 1965, “[t]he entire field of product liability law was largely quiescent.” Richard A. Epstein, Journal of Tort Law, Vol. 1, Iss. 1, Art. 5, at page 5 (2006). The drafting of the Restatement (Second) of Torts in 1965 changed that. The late 1960s
Bexis spotted this one – because he’s compulsive and checks the Pennsylvania Supreme Court website every morning to see if any of his half-dozen pending matters have been decided. For the next however long you read this post, we want you to think of adverse drug or device experience reports (“ADEs”) as no different than
This guest post was written by David B. Alden. Mr. Alden is a partner resident in the Cleveland office of Jones Day. This post is entirely his work:
Suppose you mistakenly produce privileged or protected documents to a litigation opponent – an unfortunately common occurrence in large scale litigation. Proposed Fed. R. Evid.