Moments ago, the Fifth Circuit handed down its decision in Ackermann v. Wyeth, No. 06-41774, slip op. (5th Cir. Apr. 24, 2008).
This was an appeal from a grant of summary judgment (based on the learned intermediary doctrine) in an antidepressant-suicide case.
Wyeth sought affirmance on the ground of the learned intermediary doctrine, but also
We just saw this post at the Product Liability Profs Blog, telling us that the Texas Supreme Court, in Bic Pen v. Carter, last week reversed a verdict for plaintiff based on Consumer Product Safety Act preemption. The case involved a disposable lighter, which the CPSC specifically regulates.
The profs tell us that
Many moons ago, one of us clerked in the Ninth Circuit.
We learned two lessons from that experience.
Actually, we learned many, many lessons from that experience, but we’re sharing only two today.
First, during the first week of the clerkship, one of our predecessor-clerks asked, “Do you think the standard of review on appeal
We posted yesterday that Public Citizen had volunteered to represent Kathleen Seidel in her attempt to quash a subpoena seeking all of the records relating to her blog, which offends plaintiffs’ lawyers in the vaccine litigation.
Seidel reported last night at her neurodiversity blog that the subpoena has been quashed (and sanctions threatened), although apparently
We don’t often type the words that comprise the title of today’s post.
Given the opportunity, we just couldn’t resist.
Kathleen Seidel hosts the neurodiversity.com blog, in which she critiques the evidence supporting, and litigation over, whether vaccines cause autism. Seidel sees no link, which naturally infuriates the plaintiffs’ bar.
Earlier this month, Clifford Shoemaker,
We suspect most readers of this blog are living the same lives we are: We’ve now submitted either the Supreme Court’s decision in Riegel or the Third Circuit’s decision in Colacicco as supplemental authority in our pending cases, and we’re seeing the plaintiffs’ responses. Those responses may give us a clear view of our future
We’ve previously offered our collective four cents worth about tactical considerations that pharmaceutical defendants need to think about in deciding whether or not to bring preemption motions in particular cases. Given the importance of the issue, and (until 2008) the relative equipoise in the opposing positions, we strongly recommended the Hippocratic Oath – “First, do
The Supreme Court’s decision about lethal injections was the big news this week for society.
But mass tort lawyers should keep an eye on Taylor v. Sturgell.
That case involves the Freedom of Information Act and so may not naturally be on your radar screen.
But it raises the question whether the government must
We noticed two things in the recent “book review” issue of the Michigan Law Review.
First, Anthony Sebok’s review of Richard Nagareda’s book, Mass Torts in a World of Settlement, is worthwhile for those who toil in the same field that we do, but haven’t yet found time to read the whole book.
This guest post was written by Sean Costello. Mr. Costello is an associate resident in the Atlanta office of Jones Day. This post is entirely his work. It, of course, represents only his views, and not the views of his clients or firm:
The Federal Judicial Center released its Fourth Interim Report on