Back in the antediluvian days when we were in law school, the practice we learned was to include Supreme Court denials of certiori as subsequent history when citing cases in briefs. We’ve pretty much been doing it ever since.
Lately, however, we’ve seen a lot fewer “cert. denied”s in the briefs other legal stuff we’ve
JAMES M. BECK is Reed Smith's only Senior Life Sciences Policy Analyst, resident in the firm's Philadelphia office. He is the author of, among other things, Drug and Medical Device Product Liability Handbook (2004) (with Anthony Vale). He wrote the seminal law review article on off-label use cited by the Supreme Court in Buckman v. Plaintiffs Legal Committee. He has written more amicus briefs for the Product Liability Advisory Council than anyone else in the history of the organization, and in 2011 won PLAC's highest honor, the John P. Raleigh award. He has been a member of the American Law Institute (ALI) since 2005. He is the long-time editor of the newsletter of the ABA's Mass Torts Committee. He is vice chair of the Class Actions and Multi-Plaintiff Litigation SLG of DRI's Drug and Device Committee. He can be reached at jmbeck@reedsmith.com. His LinkedIn page is here.
Thoughts On The New FDA Guidance On Off-Label Information
We’re hardly the first to report it, but the FDA has followed through with the draft guidance proposal that we discussed last year and thus has thawed a bit the agency’s cold war against truthful off-label “promotion.” If you’re familiar with that post, nothing we say here will come as any great surprise.
If…
A Quick Apology
We have accidentally re-sent to subscribers to our blog a couple of old posts.
We apologize for this. We respect your time, struggle not to clutter your e-inbox, and are working to fix the technical glitch.
(We know you don’t want to hear our tale of woe, but we’re thinking of trying to upgrade to…
Welcome, . . . Blogosphere!
Want to kick up some dirt in the blogosphere?
Publish a blog post about . . . blogging!
Herrmann’s post on Monday about “blogging as a business development tool” attracted some attention around the web. We welcome our new readers from the Wall Street Journal Law Blog (nice photo, Dan), Above the Law (which sent…
Guest Post – In Defense Of Preemption & FDA Regulatory Authority
This is the first of what we hope will be many guest posts by Bert Rein, a founding partner of Wiley Rein, LLP. Among many other accomplishments, Bert represents Wyeth in the pending Wyeth v. Levine appeal in the Supreme Court.
What follows are Bert’s own thoughts, for which he gets all the…
The New Meaning of “Global Coordinating Counsel”
Once upon a time, the phrase “global coordinating counsel” was a bluff. It meant that a firm was defending hundreds of cases for a client in the United States and had recently been asked to kibbitz on one little case filed in Belgium. The guys with a marketing bent seized on this opportunity, replacing the…
S. Ct. Order List
Today’s Order List is up at the Supreme Court. Here’s a link.
The Court denied certiorari in Albertson’s v . Kanter, the “farm-raised salmon” case about which we previously posted here and here.
And the Court took no action in Colacicco v. Apotex (the SSRI preemption case about which we previously posted…
Blogging As A Business Development Tool
Herrmann alone is veering way off-topic here, for a post about using blogs to develop new legal business. Bexis prefers to stick to drug and device law, so he played no role in drafting this post.
A surprising number of folks have asked us whether blogging is a useful business development tool for lawyers. Here…
What’s Not Up With Off-Label Use Economic Loss Claims
Not too long ago – but eons ago by blogging standards – blog reader Alan Modlinger over at Lowenstein Sandler favored us with a copy of an opinion, District 1199P Health & Welfare Plan v. Janssen LLP, 2008 WL 5413105 (D.N.J. Dec. 3, 2008), in which the court blew out one of the other…
Lanier on Torts at Harvard
We’re late on the draw with this news.
On November 19, 2008, plaintiffs’ lawyer Mark Lanier spoke to a torts class at Harvard Law School. Folks who have never seen Lanier in action might be interested in watching some or all of the videotape of his talk. (Here’s a link to Harvard’s announcement of…