September 2009

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The TortsProf blog recently started inviting torts scholars to publish guest posts on Monday mornings.

This is a nice addition to the blog. No matter how prolific a thinker you are, you’ll run out of new and clever topics for your blog after you’ve written your first, say, 1000 posts. (Just ask us.) Inviting

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Anyone who reads this blog knows that we do drugs.
But we do civil rights, too (at least in certain contexts, where the representations don’t create positional conflicts for our firms).
Herrmann recently filed an amicus curiae brief (link here) on behalf of Black Cops Against Police Brutality in the U.S. Supreme Court

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Although past history demonstrates the increasing futility of class action certification in pharmaceutical/medical device product liability litigation, the other side still plugs away, most likely for reasons we’ve discussed here.
The latest denial of class certification came in Solo v. Bausch & Lomb, Inc., slip op., where the plaintiffs sought recovery of

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The calm of Summer has ended, and that means we’ll once again start trotting around the country to give talks. Here’s the current line-up for the next three months:
October 2: The two of us will speak to the editors of the American Bar Association’s many websites about effective blogging and drawing traffic to a

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We received a copy of Ford Motor Co. v. Reese, ___ S.E.2d ___, 2009 WL 2951299 (Ga. App. Sept 16, 2009) (slip opinion), from Charles Beans over at Goodman McGuffey the other day.
But that’s not a drug or device case.
No it isn’t. But the issue raised in Reese, whether

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Today’s post marks a milestone for us: This is our 1000th post at the Drug and Device Law Blog!
That’s 1000 posts in not quite three years, or better than 5 posts in an average week.

We’re cookin’!

But enough about us; let’s talk about you.

We see you! If you subscribe to our blog

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There’s a Paxil birth defect trial going on in Philadelphia right now. Neither of our firms are involved in it – but that doesn’t mean we’re not interested. According to a Bloomberg report from last Friday, a plaintiff witness who once worked for the defendant was permitted to testify that some unknown person had made

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Here’s more news from the academy that you might find to be useful:

First, Professors Kevin Clermont (Cornell) and Stephen Yeazell (UCLA) level both barrels at two of our favorite cases, Bell Atlantic v. Twombly and Iqbal v. Ashcroft. The “point of th[eir] Article is that wherever you stand on pleading — even if