Photo of Bexis

We would like to invite all blog readers to a call-in Roundtable forum being hosted by the Mass Tort Committee of ABA’s Litigation Section (Bexis is the editor of the committee’s newsletter).  The subject is preemption – specifically the the United States Supreme Court’s recent ruling in Mutual Pharmaceutical Company, Inc. v. Bartlett and where the law may be headed after Bartlett.  We’ve already posted here, here, and here, about Bartlett, and during the forum, you’ll hear more of Bexis’ views on the subject – along with those of some folks who actually know what they’re talking about.

The Roundtable − Mutual Pharmaceutical Company, Inc. v. Bartlett and Preemption in Pharmaceutical Litigation − is scheduled for August 7, 2013, from 3:00-4:00 p.m. EDT.  There is no charge for the Roundtable, nor, however, is there CLE credit available.

Now some details.

On June 24, 2013, the United States Supreme Court issued its decision in Mutual Pharmaceutical Company, Inc. v. Bartlett, 133 S. Ct. 2466 (2013), holding that state-law design defect claims – claims that amounted to liability for simply marketing a generic drug – are preempted by federal law.  Learn about the significance of the Bartlett decision on product liability litigation involving prescription medical products (and maybe more) and its effect on the Court’s other preemption holdings by joining in this Section of Litigation Roundtable.  Distinguished commentators for this Roundtable are:

  • Jay Lefkowitz.  Mr. Lefkowitz is a senior litigation partner at Kirkland & Ellis, LLP.  He won both Bartlett, and the Supreme Court’s earlier generic drug preemption decision, PLIVA, Inc., v. Mensing; in both cases briefing and arguing them before the United States Supreme Court on behalf of the petitioner/defendant pharmaceutical companies.
  • Brendan Crimmins.  Mr. Crimmins is a partner at Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C.  He briefed Bartlett before the United States Supreme Court on behalf of the respondent/plaintiff, Ms. Karen Bartlett.
  • James Beck.  Mr. Beck is Counsel at Reed Smith LLP, and lead host of the Drug & Device Law Blog.   Mr. Beck became interested in the Bartlett case pre-trial in the District of New Hampshire and followed it through the Supreme Court.
  • Ronald Mann.  Mr. Mann is the Albert E. Cinelli Enterprise Professor of Law at Columbia University and a regular contributor to SCOTUSblog.  Mr. Mann covered the progress and significance of the Bartlett proceeding on SCOTUSblog.