On Monday, December 3, the action is in New Orleans. One half of your dynamic blogging duo — Herrmann, of Jones Day — will argue Ackermann in the Fifth Circuit, where the learned intermediary doctrine is the primary ground for affirming a trial court’s grant of summary judgment in favor of a drug manufacturer, but implied conflict preemption and fraud-on-the-FDA preemption (in the context of the Texas Civil Practice and Remedies Code) are alternative grounds for affirmance.
On Tuesday, December 4, Ted Olson of Gibson, Dunn & Crutcher takes center stage in D.C., arguing Riegel v. Medtronic in the Supreme Court. That case should tell us the scope of express preemption of claims brought against manufacturers of PMA-approved medical devices.
And the following Monday, December 10, all eyes turn to Philadelphia, where Chilton Varner, of King and Spalding, and Mal Wheeler, of Wheeler, Trigg and Kennedy, will argue the Colacicco/McNellis consolidated appeal in the Third Circuit. That case can’t avoid deciding whether there’s implied preemption of claims brought against manufacturers of SSRI antidepressants.
Good luck to all!
By the time we report on all of that stuff, we’ll be out of breath.
This brave new world is way too complicated for us.