We hear you! We hear you!
We’re slaving away at our day jobs, and you keep asking, “What does the Supreme Court’s decision in Altria v. Good mean for the pending case of Wyeth v. Levine?”
For assorted reasons, we can’t say much on this topic, but we offer these few words:
The bad
By a five-to-four vote, the Supreme Court just ruled against preemption in the “light cigarette” case of Altria v. Good.
We’ve stumbled across a few law review articles recently.
We know and bemoan (as do many scholars and most practitioners) that practicing lawyers don’t actually read the law reviews these days. We thought we’d share with you the gist of a few recent offerings, so that you could take a look if anything grabs your
We’ve been following the long migration of Farm Raised Salmon for some time now. Our prior posts on the California Supreme Court’s decision and on the Supreme Court’s request for the government’s views on the defendants’ certiorari petition are here, here, here, and here, respectively.
While Farm Raised Salmon is a
David Booth Alden, a partner at Jones Day, contributed this guest post. He’s the guru of attorney-client privilege, and we’re pleased to be able to share his thoughts on a recent Second Circuit case. As with all guest posts, the credit goes to our contributor alone; we played no role in crafting this:
Last month, a regular reader of this blog suggested that we publish a post giving drug and device companies some pre-litigation counseling. What, our reader asked, should companies do to minimize the risk that they become embroiled in a mass tort?
Ha!
There’s an old political cartoon, maybe from The New Yorker, where a man
We’ve seen plaintiffs argue in post-Riegel medical device preemption cases – and if we win Levine, we expect we’ll see it in drug cases as well – that preemption should be denied because there is legislation pending in Congress, but not enacted, that would overturn binding Supreme Court precedent.
Not only is that
There’s a new draft of the ALI’s Principles of Aggregate Litigation in circulation. And, like all the others, you’ll have to buy it from the ALI. Make sure you ask for Council Draft #2, or you’ll be wasting your money on a superseded version.
We’ve provided you with our views – and gripes –
The defendants in the combined Colacicco appeal to the Supreme Court filed their oppositions to allowance of appeal today. Here’s a copy of Pfizer’s brief, and here’s a copy of the brief filed jointly by GSK and Apotex.
To the surprise of absolutely nobody, we can report that both briefs oppose a grant
Gunvalson v. PTC involves a patient with muscular dystrophy trying to obtain access to an experimental drug outside of the context of a clinical trial. We’ve previously posted about that case here and here, among other places.
For those of you who are following this case, it has been set for argument in the