The House Committee on Oversight and Government Reform will hold a hearing on Wednesday, May 14, 2008, titled, “Should FDA Drug and Medical Device Regulation Bar State Liability Claims?”
Congressional Hearing on Drug and Device Preemption
The Pythagorean Integrity of the Law
We don’t know what that title means; we just wanted to draw some mathematicians to our blog.
Well, no.
Actually, we just read United States v. Endotec, No. 6:06-cv-1281-Orl-18KRS, 2008 U.S. Dist. Lexis 35427 (M.D. Fla. Apr. 30, 2008), and two things about the opinion struck us as noteworthy.
This was an enforcement action
The Profs Have It!
Practitioners love to complain about the growing chasm between the academy and the practice of law.
It ain’t so, Joe!
Just this weekend, we saw three posts from different sites on the Law Professors Network that were well worth reading.
First, over at Torts Prof, we learned that Provost Umphrey hired MOST Health Services,
AEI Program On Off-Label Use
We’re fools, pure and simple.
We don’t just practice law; we blog, too.
And we don’t just blog. We also get flattered when folks ask us to write and speak about issues that concern us, so we often accept writing or speaking invitations.
The American Enterprise Institute nabbed us both this time around.
The AEI
Warning Causation – Greatest Hits
As we’ve mentioned previously, we were both involved in the briefing in Ackermann v. Wyeth Pharmaceuticals, 2008 WL 1821379 (5th Cir. Apr. 24, 2008). That case is an excellent example of how defendants can win inadequate warning cases (which is what probably 90% of our drug/device product liability cases are) under the learned
So Big And Yet So Small
When we hear about another state supreme court deciding a medical monitoring case, we start to salivate.
(That’s not a pretty picture, we know.)
Imagine our anticipation when we kicked back with a copy of Lowe v. Philip Morris USA Inc., No. CC 0111-11895, CA A123025, SC S054378, slip op. (Or. May 1, 2008).
So Little Time, So Much To Blog! (Negrete v. Allianz)
Ordinarily, a federal trial court cannot order that some other lawsuit in state court be stopped.
When federal courts preliminarily approve class action settlements, however, they often enjoin prosecution of competing cases that could interfere with the settlement. Federal courts issue those injunctions under the “in aid of jurisdiction” exception to the Anti-Injunction Act. See
What’s New On Alltop? Us!
Alltop is a new type of on-line news aggregation service.
Alltop gathers the leading sources of on-line information about different subjects (economics, politics — or, in our case, law) on a single page. Alltop gives the titles of the five most recent posts at each site. As you move your cursor over the titles, you
Rehearing Denied in Colacicco
Colacicco is finally over on the Third Circuit level. We have just been informed by defense counsel that the plaintiffs’ rehearing petition has been denied. We fully expect plaintiffs to seek certiorari in the Supreme Court as their next step.
We’ll keep you informed.
If I Could Put Fish In A Barrel
We like defense wins.
(Film at 11.)
And we like to contribute to defense wins, even when we’re not directly involved in the cases.
(That’s one reason why we fritter away our lives blogging.)
So we thought we were going to be really pleased when an automatic computer search told us that a trial court