We just noticed this piece in Bloomberg News (via Pharmalot) about a hearing before Judge Weinstein on Thursday, April 10, in the consolidated Zyprexa cases.
Presumably keenly aware of the Second Circuit’s recent reversal of his decision to certify a consumer fraud class in the tobacco litigation (about which we posted here), Judge Weinstein
A couple of folks think we know something about drug and device law.
That’s a “couple” as in “two”: Bexis thinks Herrmann knows something, and Herrmann thinks Bexis knows something.
Good news: Someone else has fallen for it, too! The two of us will be co-hosting the American Conference Institute’s Drug and Device Preemption Conference
We promised you that we would be “mining the depths” of Third Circuit’s opinion in Colacicco v. Apotex Inc., 521 F.3d 253, 2008 WL 927848 (3d Cir. Apr. 8, 2008), affirming implied prescription drug preemption. That, of course, assumes that our doing so is a good thing. But we have to believe that most
Colacicco has been on the books for only one day, and we’ve already been asked this question several times: What’s the political breakdown of the Third Circuit?
There’s no natural political constituency for preemption, so we’re not quite sure what this tells you, but here’s the count: The active judges on the Third Circuit are
Earlier today, the Eighth Circuit reversed certification of a class in a heart valve case. Here’s a link to St. Jude Medical, Inc., Silzone Heart Valve Prods. Liab. Litig, No. 06-3860, slip op. (8th Cir. Apr. 9, 2008) (now reported at, 522 F.3d 836).
Are we quick, or what?
Here’s the court’s summary of
On some days, it’s hard to get back into the routine.
We’d rather keep mining the depths of Colacicco to see what nuggets we can unearth there.
But we owe it to you to provide a short post about the California Supreme Court’s decision in Johnson v. American Standard, Inc., 179 P.3d 905, No.
The Third Circuit has affirmed the finding of extensive preemption in the Colacicco/McNellis suicidality litigation. Here’s a copy of the opinion. Judge Sloviter wrote the opinion. There is a dissent, by Judge Ambro. This is the first federal court of appeals decision to address preemption following the FDA’s 2006 Preemption Preamble.
The
Every once in a while, we feel compelled to point our massive readership in the direction of a few lesser known sources of information.
If you missed the article in today’s New York Times about preemption, here’s a link. Johnson & Johnson is naturally asserting the preemption defense in the 3000 pending cases involving
One of your dynamic blogging duo — we won’t say which one — strolled down the street recently to watch, on behalf of an interested client, the opening statements in a product liability trial.
The trial court had consolidated the claims of more than two dozen plaintiffs to be decided in this one trial. (The
We’ve posted before, mostly in the context of our critiques of the ALI’s Aggregate Litigation Project, about the inherent problems with permitting large class actions involving the purchase of consumer products. We’ve pointed out that, in the products field at least, not a single certified litigation (as opposed to settlement) class action has survived appellate