Regular visitors to our blog may remember that back in February we posted on “31 (or More) Reasons to Watch ALI’s Principles of the Law of Aggregate Litigation.” For reference, here’s the link. Basically we didn’t like where this project was headed. We highlighted 31 ways in which the draft principles would have changed
Plaintiffs’ counsel in aggregate litigation frequently have one goal: To try something — anything! — on an aggregated basis. If a defendant is confronting the aggregated claims of thousands (or more) plaintiffs, then the defendant is at huge risk and is likely to be coerced into settling, no matter the merits of the individual plaintiff’s
We gotta tell you — we thought we were cheating last weekend.
Typically, we work hard — harder than it looks, we suspect — to add worthwhile content to the web with each of our posts. We root around for cases that look interesting, think about their implications, do a little bit of research, and
Courts have said over and over again that there’s no private right of action under the Food, Drug and Cosmetic Act. There’s a footnote four pages long to that effect in Bexis’ book (§4.01[1], note 14). Still people don’t seem to get it. Instead, they try to take over the FDA’s function of enforcing the
We were impressed by the number of links and other favorable attention that followed our post here about barring municipalities from hiring outside contingent fee counsel in nuisance actions brought against product manufacturers. Naturally we’re inclined to go back to the same well – even if (thankfully) municipalities have yet to get into the habit
The FDA has just released its proposed new warnings about suicidal thinking and behavior in patients who take modern antidepressant medications. For those who are interested, please click on our link to the FDA’s website in the right-hand column of this blog. On the FDA’s website, you will find further links to the proposed changes
As best as we know, here’s where the appeal of the Colacicco/McNellis matter stands. The parties in Colacicco have received a list of possible argument dates from the Third Circuit. These dates range from mid-July to the end of September. No date has been selected.
We understand the briefing to be complete in
Judge Tjoflat did it up in a big way a couple of weeks ago in Lowery v. Alabama Power Company, Nos. 06-16324 & 06-16325, slip op. (11th Cir. Apr. 11, 2007). We’re not sure if we’re providing a link to the case itself or to the “opinions” page of the Eleventh Circuit website; if we’ve
The Drug and Device Law Blog occupies its own niche on the web. We think mainly about the law, but we also care about the pharmaceutical and medical device industries generally. We thought we’d take a minute to identify other players in our two fields.
First, the legal side. Justia blawg search categorizes us as
One of the more insistent refrains that we hear from plaintiffs in prescription drug cases where implied preemption is at issue is that the FDA’s current position – foursquare in favor of preemption in six specified circumstances – should be ignored because the Agency’s pro-preemption position is “inconsistent” with the supposedly anti-preemption viewpoint that it