For those of you who have been sleeping for the last couple of years (or are over the age of 50), “Above the Law” is a blog that covers law, law firms, associate salaries and bonuses, and salacious legal gossip.
Needless to say, that site draws a lot of traffic.
But yesterday, Above
November 2008
Three News Items For Our Friends
We’re On Twitter!
Michael Hausfeld “Expelled” From Cohen Milstein
All we know is what we’ve seen at the American Lawyer.
A Class Action Settlement Rant (TJX Security Breach Litigation)
On January 17, 2007, TJX Companies announced that hackers had broken into its computer systems. The intruders stole data relating to over 45 million credit and debit cards.
Predictably, the class action complaints arrived. The MDL Panel dutifully coordinated the cases. And just eight months later, in September 2007, the parties proposed a settlement agreement.…
If Not Reliance, Then Remoteness
A tip of the cap to the FDA Law Blog, which beat us to this story because the decision involves Seroquel, we had to find out if Bexis (whose firm is involved in that litigation) could blog about the case. It turns out he can, as long as he sticks to the legal principles…
He Who Fights And Runs Away . . .
While we were watching the run-up to the Supreme Court argument in Wyeth v. Levine, Judge Michael Davis issued a little ditty in the Baycol MDL. In re Baycol Prods. Liab. Litig., MDL No. 1431, Case No. 02-0160 (MJD/SRN), slip op. (D. Minn. Oct. 31, 2008).
Plaintiff, Joseph Landrieu, is an 80-year-old Louisiana resident. His…
Generic Drug – Pioneer Liability
We’ve just been informed of a California appellate decision, Conte v. Wyeth, that effectively stands product liability law on its head. It involves a suit over a generic drug, but the plaintiffs sued the pioneer manufacturer of the original product as well.
The prescribing doctor denied reading any of the generic manufacturer’s warnings but…
It’s Better To Be Lucky Than Good.
We’re learning as we go from our blogging experiment.
We see the “key word” searches that bring visitors to our site, and we anticipated that folks would be searching on-line this week for (1) predictions about the effect of Obama’s election on appointments at the FDA, and (2) analyses of the likely effect of Obama’s…
Our Own Analysis Of The Wyeth v. Levine Oral Argument
We’ve had a chance now to read – no, make that “study” – the Wyeth v. Levine oral argument transcript for ourselves now. Our best guess, which as before could be way off the mark, is that implied preemption will be recognized as viable in the prescription drug context in Levine, but that the…