Everyone keeps asking us when the Supreme Court will decide the big preemption case of Wyeth v. Levine. The parties argued the case on November 3; when will the Court rule?
We don’t have a clue.
The Supreme Court decides all cases argued during a Term before the Court adjourns for the Summer in the
Scott Greenfield blogs at Simple Justice, and he prides himself on being a curmudgeon. He even has a “curmudgeons’ club,” and he knows who the members are. Herrmann ain’t one.
Greenfield thus wasn’t amused to hear about Herrmann’s book, The Curmudgeon’s Guide to Practicing Law. Greenfield was The Curmudgeon; Herrmann wasn’t
On January 30, Judge Anne Conway granted summary judgment in favor of AstraZeneca in the first of two Seroquel test cases in the federal MDL.
At the end of last week — on Friday, February 6 — Judge Conway entered the order granting summary judgment in the second test case, Haller v. AstraZeneca Pharmaceuticals
Bert Rein, of Wiley LLP, prepared the following guest post. We thank him for the contribution, and the credit for what follows naturally goes to Bert alone:
As we anticipate decision in Wyeth v. Levine when the Supreme Court reconvenes on February 23, we continue to see how contentious an issue preemption has
The blogosphere has raised an issue about the possible effect of Pfizer’s acquisition of Wyeth on the pending Supreme Court case of Wyeth v. Levine.
To keep our readers abreast of the situation, we post here a link to Seth Waxman’s letter to the Supreme Court (on behalf of Wyeth) explaining that Pfizer and Wyeth
It’s a pleasure to have an intelligent, articulate, defense-minded voice join us in the blogosphere.
(Lord knows, we can use all the help we can get.)
So we welcome aboard our new visitors who came through from Russell Jackson’s Consumer Class Actions and Mass Torts blog.
We’re also delighted to be spared the effort of
As readers who use our No Injury Scorecard know, we’re very interested in identifying situations where plaintiffs – and especially consumer fraud plaintiffs – get dismissed because they don’t have (or don’t choose to allege) a legally sufficient injury.
Why?
Class actions, mostly. As we’ve pointed out before, the plaintiff-side class action aggregators have
A tip of the cyberhat to Tom Stayton at Baker & Daniels for passing along this little gem. In Feusting v. Zimmer, No. 02-2251, 2009 WL 174163 (C.D. Ill. Jan. 26, 2009), a case involving a prosthetic knee joint, the court granted summary judgment, after concluding under a Daubert analysis that the plaintiff’s
Shoot!
We reported last week that Judge Anne Conway had orally granted summary judgment in the first two test cases in the Seroquel MDL, and that a written order would be forthcoming.
We checked the MDL docket last night and didn’t see an order, so we told you this morning that the promised written order
We reported last week that Judge Anne Conway, who’s overseeing the Seroquel MDL, had granted summary judgment in favor of AstraZeneca in the bellwether cases involving the first two plaintiffs. She had not yet issued her written decision at that time.
She still hasn’t entered that written decision. (We just couldn’t leave you hanging there.)