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We know about Bartlett v. Mutual Pharmaceutical Co., so stop bugging us. In fact, it’s been on our drug preemption scorecard for a few days now, complete with a link to the slip opinion. If you read about it on 360, who do you think sent it to them?
We can’t do everything, and we’re not doing a substantive post on Bartlett for several reasons: (1) it’s adverse to a defense preemption argument, and the only times we’ve had any issues with the other side trying to use our words against us has been when we’ve discussed that kind of precedent; (2) it’s generic drugs, and those guys compete with our clients; (3) we’re somewhat conflicted because, in generic drug cases, a defense that lets generic manufacturers out increases pressure on courts to expand the law elsewhere and leave our non-manufacturer brand-name clients holding the bag; (4) we’re lazy; and (5) we don’t need to because there’s quite a good post on Bartlett over at the FDA law blog (poachers).