If you’re in New Jersey next week, and you’re interested in FDCA-related preemption, our friends at the New Jersey Civil Justice Institute are hosting a panel discussion that explores this constantly evolving (and really important) area of law. The panel features Paul Clement of Bancroft PLLC, Gerald Masoudi of Covington & Burling LLP,
This post is from the non-Reed Smith side of the blog.
Most of our reports on the InFuse litigation have been positive — credits rather than debits. Last week, we had to move to the other side of the ledger and report on case that in our belief was definitely lacking. But that one case was hardly enough to unbalance the account. And just a few days later, three new decisions came down pushing the InFuse Litigation even further into the pink.
For a full accounting, you can examine our InFuse posts here. We won’t reiterate all that has come before, but overall plaintiffs have met with very limited success in their attempts to use allegations of off-label promotion and/or use to get around the dual protection afforded by PMA express preemption (Riegel) and implied preemption (Buckman). As today’s post demonstrates, the overwhelming defense wins are not going unnoticed by either federal or state court judges.
These latest InFuse wins come from the Western District of Michigan – the companion cases of Wright v. Medtronic, Inc., 2015 U.S. Dist. LEXIS 7681 (W.D. Mich. Jan. 23, 2015) and Thorn v. Medtronic, Inc., 2015 U.S. Dist. LEXIS 7687 (W.D. Mich. Jan. 23, 2015) – and Florida state court – Buccelli v. Mayer, No. 2014-CA-001667 NC, slip op. (Fla. Cir. Ct. Jan. 27, 2015).Continue Reading InFuse Litigation Still In the Pink
Today’s post comes from the non-Dechert side of the DDL blog.
This week is the anniversary of the beginning of Facebook. The question of whether Zuckerberg et al. could successfully “monetize” that platform has apparently been answered. There are almost as many ads and push notifications as there are things that we actually care about, such as pictures and updates from friends and family. Even worse than the ads are the political rants, stalker high school classmates, and suggestions to join stupid games. After a nephew invited us to play Farmville for the fifth time, we unfriended him. It was an easy call, especially since most of his entries involved home-made backyard mixed martial arts films and his f-bomb quotient would have made the makers of Scarface and Midnight Run blush. Why isn’t there a “Dislike” button we can click?
But today we will “Like” a pair of decisions out of the Southern District of Texas. The cases are Jackson v. Wyeth LLC, 2015 U.S. Dist. LEXIS 9286 (S.D. Tex. Jan. 27, 2015), and Garza v. Wyeth LLC, 2015 U.S. Dist. LEXIS 9292 (S.D. Tex. Jan. 27, 2015). The cases involve the same judge, the same defendants, and the same claim that ingestion of Reglan/metoclopramide caused tardive dyskinesia. They were issued on the same date. Both opinions are short, well-reasoned, and follow settled Fifth Circuit law.Continue Reading S.D. Texas Upholds Texas Presumption of Non-liability for FDA-approved Drugs and Rejects Failure to Update Claim