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We’ve had a couple of requests for a post about the Fifth Circuit argument on Monday in Ackermann v. Wyeth.
Since one of your humble scribes — Herrmann — argued the case, this is a delicate matter.
We’ll report only what any person sitting in the courtroom would have seen: The panel consisted of Judges Edith Jones (a Reagan appointee), Jacques Wiener (a Bush I appointee), and Edith Clement (a Bush II appointee).
The panel was extremely engaged, peppering counsel with questions on all three of the issues — the learned intermediary doctrine, implied conflict preemption, and fraud-on-the-FDA preemption of an exception to a Texas immunity law — throughout the entire argument.
We’re afraid that’s all we can say in public. But, as always, when we hear more about the case, you’ll hear more.