The last couple days’ dialogue with our subscribers suggests that the blog’s email outage was uneven. Some subscribers may have lost email transmission of our post for more than a month. We’ve already apologized, but we think we should do more. Here’s a list of what we posted about – with links – between June 1 2011 (the earliest date reported to us) and July 12, 2011 (when we finally got the problem fixed):
July 12, 2011: Third Circuit Reaffirms Berrier – Third Restatement Applies in Pennsylvania Federal Court – New Covell opinion – Link.
July 12, 2011: Fosamax and the Risk/Benefit Analysis – Interlocutory appeal of risk/benefit design defect theory – Link.
July 11, 2011: ProDisc Dismissal for Want of Indispensable Parties – Unusual procedural issue – Link.
July 8, 2011: Industry Tries Again For Clarity Concerning Off-Label Promotion – Reviewing FDA citizen petition for clearer regulation – Link.
July 7, 2011: No Stand Up Comity In New York – Forman (new), Desiano, and Buckman with respect to preemption of NJ fraud on the FDA based punitive damages statute – Link.
July 6, 2011: Of Treating Physicians And Manufacturing Defects – New Mast opinion on what is, and is not, lay opinion testimony from a plaintiff’s treating physicians – Link.
July 5, 2011: An Easy Case Makes Good Learned Intermediary Law – New Legard warning causation decision – Link.
July 4, 2011: Happy Independence Day – Link.
July 1, 2011: Another Reason To Like TwIqbal – New McFarland opinion on pleading product identification – Link.
June 30, 2011: Applied American Exceptionalism – Exclusion of experts on foreign business behavior and foreign regulatory standards – Link.
June 29, 2011: Give Us A T For Tennessee – New Tennessee Supreme Court (Nye) ruling reaffirming learned intermediary rule but limiting it to prescription medical products – Link.
June 28, 2011: A Little Rain In The Desert – New Trasylol decision holding that New Mexico would recognize learned intermediary rule – Link.
June 28, 2011: The Supreme Court Reins in “Stream of Commerce” Personal Jurisdiction – Description of new Brown and Nicastro stream of commerce decisions – Link.
June 27, 2011: Embracing Compliance – More on what makes jurors angry and what to do about it – Link.
June 24, 2011: What Other People Are Saying About Mensing – Since we can’t say much about Mensing, what else is out there? – Link.
June 23, 2011: Two More From The Supreme Court – Mention of Mensing, which we can’t talk much about because of our litigation involvement, and full description of Sorrell pharmaceutical detailing First Amendment decision – Link.
June 22, 2011: Medicare . . . Yep It Is Still Boring – New Humana decision that Medicare third-party providers can’t recover under secondary payor statute – Link.
June 21, 2011: What’s In Them For Us? – A review of the new Dukes and AEP (global warming) Supreme Court decisions for how they might apply to drug/device product liability litigation – Link.
June 20, 2011: Phony Choices – New Zicam decision distinguishing prescription drug and toxic tort cases with respect to need for dosage information in Daubert causation opinions – Link.
June 17, 2011: E-Discovery Fee Shifting? – New EDPA case requiring unsuccessful plaintiff to pay as costs part of cost of complying with its ediscovery demands – Link.
June 16, 2011: It Should Be An Interesting Couple Of Weeks – Analysis of new Supreme Court Smith v. Bayer class action/collateral estoppel decision and review of interesting cases yet to be decided – Link.
June 15, 2011: To Retain or Not to Retain – Discussing situation (in-house experts) in which expert correspondence may still be discoverable after latest changes to Rule 26 – Link.
June 14, 2011: Denture Cream Myelopathy Claims Found Toothless – New Daubert win in Denture Cream – Link.
June 13, 2011: Some Good News On SSRI Preemption – New Dobbs decision finding that SSRI facts (Effexor) satisfied Levine “clear evidence” standard and preempting suicide warning claims – Link.
June 13, 2011: Getting Better – Discussing new Pucey decision on recalls and investigations as subsequent remedial measures – Link.
June 10, 2011: An Oldie But Goodie – Discovering favorable MDL precedent (Aredia/Zometa) from two years ago that informal interview with treating physicians save time and are to be allowed – Link.
June 9, 2011: When It’s The Plaintiff, Not The Doctor – Winning warning causation when there’s no learned intermediary defense, and the plaintiff’s conduct is at issue – Link.
June 8, 2011: Utah Preemption Split Deepens – New case (Pierce) holding that Utah fraud on the FDA punitive damages statute is preempted – Link.
June 7, 2011: Defendant Didn’t Buy The Love – New case (Shaw) on impact of prescriber/manufacturer financial ties on applicability of learned intermediary rule – Link.
June 6, 2011: Anger Management – What makes jurors angry and what to do about it – Link.
June 3, 2011: Opening Salvo In New FDA Attack On Off-Label Use? – New FDA draft guidance that would change “intended use” based upon mere knowledge of off-label use – Link.
June 2, 2011: The Closing Of The Learned Intermediary Frontier – Updated 50-state learned intermediary rule survey occasioned by first Rhode Island precedent on rule – Link.
June 1, 2011: While Plaintiff Slept, Learned Intermediary Got a Re-affirming Wake Up – New (Dykes) decision where lazy plaintiff lost a learned intermediary motion – Link.