October 2008

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We’ve discussed the learned intermediary rule on this blog many times before – such as here, here, and here. One of the things that everybody on our side of the “v.” appreciates – and those on the other side despise – is what the rule does to warnings and warning causation. Rather

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We’ve lost our senses! We’ve forgotten about drug and device law!
But a court has just addressed another one of Herrmann’s old interests, and he can’t resist. (Beck played no role in drafting this post; don’t blame him for this one.)
Ohio has no state court analogue to Federal Rule of Appellate Procedure 35, which

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This isn’t a “drug and device law” story.
But it could be the biggest development in corporate securities law since Marty Lipton invented the “poison pill,” and it appears to have been overlooked elsewhere, so we’re spreading the word.
In the September 22, 2008, National Law Journal, Professor Adam Pritchard of Michigan Law School explained

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There’s been a controversy in both the scientific literature and the popular press recently about whether Merck’s “ADVANTAGE” trial of Vioxx was a “seeding” trial conducted for marketing purposes.
That subject has been too hot for us to touch, in part because Bexis’ firm is involved in the Vioxx litigation, so he couldn’t speak on