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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.

Google Analytics tell us where in the world the visitors to our blog come from.

We’ve just now received a visitor from our 150th different country!

Kyrgyzstan put us over the top.

Honest to God — Kyrgyzstan. You’ll find it right there in central Asia, bordered by Kazakhstan to the north, Uzbekistan to the

Defense lawyers looking for useful CLE may want to consider the upcoming webinar put together by that the DRI’s Product Liability Committee and its Mass Torts & Class Actions Subcommittee.
The topic: “Defending Medical Monitoring Claims — Recent Developments and Best Practices.”
The presenters: Sean Wajert, who’s been a guest blogger here, specifically on

The Biomaterials Access Assurance Act of 1998?
Why the heck are we writing about that now?
Well, first, it’s our blog; if we entertain no one else, at least we can entertain ourselves.
And, second, one of us recently received a call from a sophisticated in-house lawyer at a sophisticated drug or device

No this post isn’t about Canadian pharmacies, Chinese counterfeits, or anything dodgy like that. Instead, we’re referring to a preemption topic we’ve never discussed before.

We can almost hear you scoffing. Surely, in over two years of “all preemption, all the time” blogging, that’s the one topic we haven’t missed. Wouldn’t that be like Court

This is a practical – some would say, impractical – post. One of the blogging duo is currently involved in one of the more headache-inducing aspects of mass tort litigation, the process of putting together motions in limine. So he’s got a few gripes.

The other half has been there and done that. In

Professor Richard Epstein, of The University of Chicago Law School, has this article about Wyeth v. Levine in this week’s issue of Forbes.
Professor Epstein favors preemption, but he thinks that Wyeth’s position does not go far enough: Wyeth seeks preemption only because of a conflict between the warnings that the FDA required and the