Search results for: nuisance

A recent opinion crossed our desk: Independence County v. Pfizer, Inc., ___ F. Supp.2d ___, 2008 WL 398980 (E.D. Ark. Feb. 11, 2008). The opinion has generated a bit of interest because of the unusual nature of the claim – which is, we suppose, to be expected where, as here, a local government has…

Federal officer jurisdiction is having a moment.  In November 2024, we called federal officer jurisdiction the quiet middle child of the federal jurisdiction family, but then earlier this year the Supreme Court decided Chevron USA Inc. v. Plaquemines Parish.  That opinion held that federal officer jurisdiction was broader than many previously thought, which we…

If preemption were an independent basis for federal subject matter jurisdiction, almost all of our drug, device, and vaccine product liability litigation would be in federal court.  We’ve long been resigned that preemption is a defense, not grounds for jurisdiction.   E.g., Merrell Dow Pharmaceuticals, Inc. v. Thompson, 478 U.S. 804, 811 (1986).  A…

Not quite three years ago, we co-authored a chapter in a Digital Health guide put out by International Comparative Legal Guides.  It bore the pithy title “Predicting Risk and Examining the Intersection of Traditional Principles of Product Liability Laws with Digital Health.”  We continue to tinker with the principles of product liability law…

It feels like 20 years ago when we were doing almost monthly fen-phen diet drug trials in the Philadelphia Court of Common Pleas. The old timey-air-conditioning units in City Hall, along with subways rumbling underfoot, occasionally drowned out the testimony of plaintiff experts taking both scientific studies and internal company documents out of context. That…

Drug & Device Resources

Bexis’ Book

FDA-regulated products now account for an estimated one-fifth of overall economic activity in the U.S. They have also been the focus of a litigation explosion. This timely guide covers all aspects of litigation involving drugs, medical devices, vaccines and other FDA-regulated prescription products.
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