We’ve said before (in commenting on the ALI’s aggregate litigation principles) that we don’t like the “cy pres” concept. For one thing, it makes us look dumb. We’re not even sure how the blasted term’s supposed to be pronounced. If you ask three lawyers, you’re likely to get four possible pronunciations, from “sigh pray” to
Interesting U.S. Supreme Court Dictum
It’s only in a statement concurring in a denial of certiorari, but three justices of the Supreme Court – including Justice Kennedy (the prime swing justice on the Court), who wrote it, and new Justice Sotomayor, expressed some interesting thoughts on Due Process the other day. See DTD Enterprises, Inc. v. Wells, ___ S.
Sorting Through The Free Speech Challenges To The FDA
We noted a week ago Saturday, and analyzed on Thursday, the lawsuit that Allergan recently filed challenging the FDA’s regulations that forbid drug manufacturers from providing truthful information about off-label uses of drugs.
We also mentioned that we were disappointed to learn about the Allergan case by reading about it in The New
Vaccine Preemption Update: Grant Of Cert Likely
We’re heard through the grapevine that vaccine preemption is taking a tortuous path in the U.S. Supreme Court — but a path that makes a grant of cert likely.
In the first of the two cases in which a party recently petitioned for cert in a vaccine preemption case, American Home Products Corp, dba Wyeth
A Twombly Of Scholarship
A flock of birds. A dazzle of zebra. A pod of hippos. (As one of our daughters said, many years ago, “A psycho of Moms.”)
Why not a Twombly of scholarship?
(Well, okay, it’s not quite as good as blogolater — but the hour is late, and we’re tired.)
Here are some recent
Off-Label Promotion – Scratch One Flat Suit
“Scratch One Flat Top” marked the sinking of an enemy aircraft carrier in the Battle of the Coral Sea.
In the battle over off-label promotion, scratch another lawsuit. Central Regional Employees Benefit Fund v. Cephalon, 2009 U.S. Dist. Lexis 93636 (D.N.J. Oct. 7, 2009), sends another would-be third party payor fraud suit to
Off-Label Use – The Times They Are A Changin’
We’ve decided to get a couple of off-label use-related items off of our to-do-eventually list today. The first we’ve alluded to already. It’s the First Amendment litigation that Allergan recently commenced against the FDA involving the truthful “promotion” of off-label use (specifically use of Botox to treat muscle spasticity). The second is a new
Correction To Guest Post “Counting To Seven”
Yeah, it happens. None of us are perfect. We have been given the following correction to the recent guest post on the upcoming changes to deadlines under the federal rules:
Thanks again for publishing my guest column. Unfortunately, part of it was wrong. Neville Boschert, a sharp lawyer in Jackson Mississippi, pointed out
Third Circuit Speaks On When An MDL Court Can Be Second-Guessed After Remand
This guest post was submitted to us by Ronni Fuchs, a partner at Bexis’ firm, Dechert LLP. She gets the credit (and the blame) for what follows.
From time to time we grapple with the question of the authority of a trial court to which an MDL court remands cases to vacate or
Yeah, Yeah – We Know
We know about Bartlett v. Mutual Pharmaceutical Co., so stop bugging us. In fact, it’s been on our drug preemption scorecard for a few days now, complete with a link to the slip opinion. If you read about it on 360, who do you think sent it to them?
We can’t do everything,