Last weekend, the Drug and Device Law Rock Climber passed through to drop off her two dogs – a four-pound Chihuahua and a chubby Pomeranian, now hirsute, who was nearly bald from a skin infection when he was rescued a year ago. These are very cute dogs who mostly get along with the Drug and
Search results for: federal question
Report From the Front – The Federal Government’s Battle To Reassert Control of FCA Filings Ostensibly in its Name
By Bexis on
We’ve long believed that False Claims Act (“FCA”) cases – particularly in the health sciences area – are out of control. Twenty-first century lawyers, and their solicitation techniques, have turned Abraham Lincoln’s Nineteenth Century law aimed at corrupt government contractors into its own form of corruption. Today’s FCA racket is complete with professional relators, deceit…
Is It Time To Reconsider Federal Officer Removal?
By Bexis on
One way to remove a case to federal court that we haven’t discussed much is where the defendant is either a “federal officer” (not terribly relevant to our line of work), or else is a “person acting under that officer . . . for or relating to any act under color of such office.” 28…
Removed to Federal Court? Not So Fast, Unless You’re Faster!
By Steven Boranian on
They are often called “snap removals” or “wrinkle removals.” They refer to cases removed to federal court before a forum defendant is served, which is one way to comply with the forum defendant rule in 28 U.S.C. § 1441(b)(2). That statute says that a civil action otherwise removable on diversity jurisdiction may not be removed…
Federal Oversight For Plaintiff Lawyer Advertising
By Eric Alexander on
We write mostly about decisions in cases, with those mostly coming from judges. Occasionally, we will also comment on articles, amicus briefs, and official government pronouncements. We cannot remember the last time we explored a press release. In today’s political environment, speculation about what is contained in documents that purportedly exist but we cannot see…
LCJ Federal Rules of Evidence Survey
By Bexis on
The Lawyers For Civil Justice is conducting a non-scientific poll on social media concerning challenges that litigators face that involve expert evidence. LCJ’s poll asks the following question:
The Federal Rules of Evidence and Daubert require judges to determine whether the testimony offered by an expert witness is sufficiently reliable to be admitted. To your
…
How To Get an Answer to a Legal Question – Certify It
By Michelle Yeary on
Did you ever wish there was a way to get a definitive answer to those age-old issues that have been plaguing humans since the beginning of time? Like — is it worse to fail at something or never attempt it in the first place? Or — does nature shape our personalities more than nurture? What…
Reflections on Albrecht – What Preemption Being a “Legal Question” Might Mean
By Bexis on
As we discussed in our “breaking news” post, the Supreme Court’s decision in Merck Sharp & Dohme Corp. v. Albrecht, ___ S. Ct. ___, 2019 WL 2166393 (U.S. May 20, 2019) (“Albrecht”), delivered a defense win on the main issue before the Court – that preemption is a question “a…
Guest Post: When Is A Deadline Really The Deadline? – Class Certification, Motions to Reconsider, and Appeals Under Federal Rule 23(f)
By Bexis on
Today’s guest post by Reed Smith associate Tim Carwinski addresses the broader possible ramifications of a recent Supreme Court decision, Nutraceutical Corp. v. Lambert, 139 S. Ct. 710 (2019). This is one of those many cases that we saw something about, but it didn’t seem that pertinent to what we do, so we let…
Ninth Circuit Affirms Federal Preemption Over Dietary Supplement Claims
By Steven Boranian on
We have taken a daily multivitamin ever since our doctor told us that we were chronically deficient in a particular vitamin, the one you can get from being out in the sun. Given our chosen line of work, we should not be surprised that we don’t get enough sunlight. We should also not be surprised…