Making its presence felt as an early contender for a 2019 Top Ten DDL case, it’s In re: Genentech, Inc., Herceptin (Trastuzumab) Marketing and Sales Practices Litigation, 2019 WL 1284176 (N.D. Okla. Mar. 20, 2019). The challengers came in swinging, but they were no match for federal preemption. Down go plaintiffs! (We hear that
We’ve blogged before about the substantive (preemption) and procedural (removal) aspects of the Eliquis MDL – both of which the defense seemed to be winning. However, we cautioned in our 2018 “Best Of” post that these favorable decisions “still face[d] an appeal.”
No longer. The appeal has been decided, and the plaintiff’s losing streak continues.
When the blog receives a case that is a bit off-center, involving odd facts or a different area of law, we grab it as our weekly writing assignment. If it’s a criminal matter, our claim is premised on our stint as a prosecutor. Today’s case is a securities class action, permitting us to relive our
Today’s guest post by Reed Smith associate Tim Carwinski addresses the broader possible ramifications of a recent Supreme Court decision, Nutraceutical Corp. v. Lambert, 139 S. Ct. 710 (2019). This is one of those many cases that we saw something about, but it didn’t seem that pertinent to what we do, so we let
Can you have federal question jurisdiction in a case where no federal claim is alleged? The question has a certain self-defining quality to it, sort of like asking if something done under the table can be above board. Or asking whether the Holy Roman Empire was holy, Roman, or an empire.
We stole that last
Forget the Reptile Theory; today’s topic is even more atavistic than that – what defendants can rely on when xenophobia and racism invade the courtroom. That kind of sub-reptilian gambit unfortunately still exists, and can play out in a number of ways.
Sometimes an appeal to prejudice is made via raw, frontal assault – often
We just returned from our annual “girl trip” to a lovely spa in the mountains of Pennsylvania. And we stared our decrepitude full in the face. For the first time, we set off enthusiastically on a bike ride (cool “fat tire” bikes we’d never seen before) and found ourselves falling behind on hills and struggling
On March 5, FDA Commissioner Dr. Scott Gottlieb abruptly announced his resignation, effective in a month. Since then, it has been announced that Dr. Ned Sharpless, currently head of the National Cancer Institute, will replace Dr. Gottlieb on an “acting” basis. This is disturbing generally, as Dr. Gottlieb has stood out as a demonstrably
Skin in the game. Horse in the race. Dog in the hunt. Whatever “it” is – we don’t have “it” in today’s case. Ansley v. Banner Health Care is a suit brought by plaintiffs who had received damages awards for injuries that required treatment at various hospitals seeking to enjoin those hospitals from enforcing liens
Every time we think about addressing ghostwriting as a recurrent plaintiff-side jury distraction in drug/device product liability litigation, we get earwormed by “Ghost Riders in the Sky.” Whether one prefers the Johnny Cash or Outlaws version of the song – or one of who knows how many other covers of the song (originally