Can you recall what you were doing back in March of this year? To be more precise the day before St. Patty’s Day and the day after the Ides. No? Well, apparently the defendants in the Risperdal and Invega Products Liability Cases pending in California state court were celebrating but they forgot to invite us
October 2017
The Third Circuit Fosamax Preemption Error Has Got To Go, Part 2
We’ve come to expect top-flight work product from the Product Liability Advisory Council (PLAC), even when it isn’t Bexis pushing the pen or pecking at the keyboard (as he has done so many times on so many important issues). PLAC’s amicus brief in support of the petition for certiorari regarding the Third Circuit Fosamax case …
Innovator Liability, Perpetual Liability Argued in California Supreme Court
The California Supreme Court heard oral argument in T.H. v. Novartis on Monday. That is the case where the California Court of Appeal held that a prescription drug manufacturer could be held liable for injuries allegedly caused by a product that it did not make and did not sell. This situation usually presents itself when…
Fraud on the FDA? If Not Preempted, It Is Trumpery
With Bexis having originally conceived the preemption argument that became Buckman Co. v. Plaintiffs Legal Committee, 531 U.S. 341 (2001), we are always on the lookout for ways in which plaintiffs attempt to circumvent Buckman’s result and thus to pursue private litigation over fraud on the FDA.
Plaintiffs love to claim fraud on…