We’ve twice previously (here and here) posted ideas for research that we just didn’t have time to pursue. And we know that someone picked up on at least one of those thoughts and completed the project.
We have another idea. (That’s three ideas in a year; we’re feeling pretty good about ourselves.)
So
We’re sure that we’ll have plenty more to say about the Wyeth v. Levine case as it makes its way toward final decision later this term. For one thing, the grant means we should know once and for all whether the FDA’s right about implied preemption in the prescription drug field by the end of
Here is a copy of the order list with the Levine cert. grant being number 2 on the list. Wyeth’s brief is due 2/25/08.
It looks like a great deal of the current FDA preemption controversy will, after all, be resolved this term.
Oh, and by the way, for those of you with broader tort/preemption
We have it on good authority that the Supreme Court has granted the cert. petition in Wyeth v. Levine. More to follow.
Last week we posted about about the Blanco PMA preemption win the 4th District of the California Court of Appeals. Now we’ve just become aware, a week later, that the 2d District has also weighed in on the pro-PMA preemption side. The case is Jessen v. Mentor Corp., ___ Cal. Rptr.3d ___, 2008 WL
Herrmann’s a day away from trial and Bexis’ firm represents the defendant, so this post will be very brief. In In re Factor VIII or IX Concentrate Blood Products Litigation, MDL 986 (N.D. Ill. Jan. 17, 2008), the court has just issued an opinion dismissing on forum non conveniens grounds the claims of some
This post is entirely Bexis’ work – for the best reason in the world. Co-blogger Herrmann is victorious counsel for the defendant in the case we’re describing.
Hot off the presses, is Dobbs v. Wyeth Pharmaceuticals, No. CIV-04-1762-D (W.D. Okla. Jan. 17 2008), copy here (now reported at 530 F. Supp.2d 1275). Briefly, the
We did that silly little post on Tuesday about the Canadian medical monitoring decision, and we fully expected it to wither on the vine. (The big news Tuesday was the proposed new CBE regulation, about which we’ll have more to say momentarily.)
But a funny thing happened on the way to the CBE reg: Canada
The other day we got a tip that the FDA had just posted something on its website that we’d want to read. Even though we were both swamped (Herrmann was preparing for yet another trial, and Bexis had two appellate briefs to finish, including one about “the largest class certified in history” – the court’s
Late last week, the FDA filed a short post-argument submission with the Third Circuit in Colacicco, which the parties recently received. Here’s a copy. It’s only a couple of pages. The submission has three purposes: (1) It provides the court with a copy of the brief that the agency recently filed with the