Can states compel prescription drug manufacturers to deliver steeply discounted medicines to unlimited numbers of pharmacies? That is the issue that has been kicking around federal courts for a few years now, and the Fourth Circuit has now weighed in by answering “no.”
We are talking here about drugs purchased under the federal government’s 340B
Nevada courts have long applied the learned intermediary rule to pharmacists filling prescriptions, and now another federal district court has ruled that the doctrine applies to drug manufacturers, too. This is not surprising, since other federal judges have similarly predicted that Nevada’s Supreme Court would apply the learned intermediary rule to drug and medical device
Cannabis is big business, so it was only a matter of time before someone filed a consumer class action claiming that his cannabis was schwag. It happened in Illinois, where a judge in the Northern District promptly shot it down—not because the plaintiff’s theory was necessarily wrong, but because his theory of deception was a
The Supreme Court recently issued a unanimous decision resolving a circuit split on an important question of federal subject matter jurisdiction: Whether a district court’s erroneous dismissal of a nondiverse party before final judgment can cure a jurisdictional defect that existed when a case was removed to federal court. You might think this is a
The Ninth Circuit has been grappling with specific personal jurisdiction ever since the Supreme Court altered the playing field ever so slightly in 2021 with Ford Motor Co. v. Montana. That grappling includes an opinion published just last week, where the Ninth Circuit found specific personal jurisdiction over out-of-state medical providers. The medical providers
Sometimes we feel as though we have gone back in time. The Super Bowl is in San Francisco this week, as it was 10 years ago, although this time around, the atrium lobby of our building has been converted into an ESPN studio. We are the temporary home of the Rich Eisen Show, with the
Simply charging a price higher than what plaintiffs want for an effective and non-defective medicine is not a consumer protection violation, and a recent order in the Northern District of Illinois demonstrates that. In Camargo v. AbbVie, Inc., No. 23-cv-02589, 2026 WL 115068 (N.D. Ill. Jan. 14, 2026), the district court dismissed a multistate
We have spilled a lot of blog ink on Federal Rule of Evidence 702 recently, so it was nice to see a case from our home state of California driving home the importance of following the rules when it comes to expert opinions. California has a reputation for allowing expert opinions into evidence more permissively
It is December 26, and all is quiet on the home front. The Drug and Device Law Family exchanged gifts, took long walks, and ate the traditional herb-encrusted rib roast. The year is nearly over, and having reached a certain age, we can say for sure that time flies when you are having fun. We
We recently attended the ACI Drug & Medical Device Seminar in New York, where we always enjoy catching up with old friends, making new acquaintances, and hearing what’s new in our drug and device sandbox. This year we spoke on the extensive and active litigation that is currently going on over the 340B drug pricing