We’ve blogged before about the importance of both sides in personal injury litigation – and especially drug/medical device product liability litigation involving the learned intermediary rule – having equal rights to talk to treating/prescribing physicians. We’ve praised courts that have gotten this issue right – most significantly the New York Court of Appeals in the
The Third Circuit just issued its opinion in Gunvalson v. PTC Therapeutics (link here), the case in which a trial court issued an injunction requiring a drug company, PTC Therapeutics, to provide an experimental drug to a patient outside of the context of a clinical trial. (One of our many earlier posts on
We posted last year about the NY Court of Appeals excellent decision in Arons v. Jutkowitz, on defense interviews with treating physicians.
We’re doing it again. Here’s a copy of the Court of Appeals (that’s the state’s highest court) recent decision in Adamo v. Brown & Williamson holding that, where a product’s only function
The Financial Accounting Standards Advisory Council held a public meeting yesterday to discuss the proposed amendment to FAS 5, which deals with the disclosures that publicly traded companies must make about litigation. (We previously posted on that topic this summer.)
We’ve heard through the grapevine that FASB is now considering an alternative to
We were pleased to see that USPharmD included us in its list of the “Top 50 Medical Ethics Blogs.” Lord knows, we’re not medical ethicists, but the list includes other topics, such as “medicine and the law” and “pharmaceuticals,” so at least we’re in the neighborhood. More importantly, you may find the other blogs on
Herrmann’s book, The Curmudgeon’s Guide to Practicing Law, has a chapter about “couth” that discusses, among other things, communicating by e-mail.
He’s now had two reactions to that chapter that he just has to share.
First, right after the book came out, an inside counsel offered this rant about lawyers communicating with clients by e-mail:
We hear you! We hear you!
We’re slaving away at our day jobs, and you keep asking, “What does the Supreme Court’s decision in Altria v. Good mean for the pending case of Wyeth v. Levine?”
For assorted reasons, we can’t say much on this topic, but we offer these few words:
The bad
By a five-to-four vote, the Supreme Court just ruled against preemption in the “light cigarette” case of Altria v. Good.
We’ve stumbled across a few law review articles recently.
We know and bemoan (as do many scholars and most practitioners) that practicing lawyers don’t actually read the law reviews these days. We thought we’d share with you the gist of a few recent offerings, so that you could take a look if anything grabs your
We’ve been following the long migration of Farm Raised Salmon for some time now. Our prior posts on the California Supreme Court’s decision and on the Supreme Court’s request for the government’s views on the defendants’ certiorari petition are here, here, here, and here, respectively.
While Farm Raised Salmon is a