Materials have been distributed for the United States Supreme Court’s January 9, 2009, conference. Among the certiorari petitions that the Court will consider whether to accept are Colacicco (our posts here and here) and Farm Raised Salmon (our posts here, here, and here). Expect orders, up or down, within a business

Last week, plaintiff filed a motion to postpone the deadline for filing his petition for a writ of certiorari in Colacicco v. Apotex from August 3, 2008, to October 2, 2008.

On Thursday, July 24, Justice Souter granted that motion.

For those who must see proof with their own eyes, here’s a link to the

Colacicco is finally over on the Third Circuit level. We have just been informed by defense counsel that the plaintiffs’ rehearing petition has been denied. We fully expect plaintiffs to seek certiorari in the Supreme Court as their next step.

We’ll keep you informed.

To the surprise of absolutely nobody, the Plaintiffs filed their petition seeking rehearing en banc in Colacicco/McNellis late on Tuesday. We obtained a copy late yesterday (thanks Chilton!). The plaintiffs could have decided not to seek rehearing and could have proceeded with a certiorari petition to the Supreme Court. Instead, they’ve decided to slow the

We’ve previously offered our collective four cents worth about tactical considerations that pharmaceutical defendants need to think about in deciding whether or not to bring preemption motions in particular cases. Given the importance of the issue, and (until 2008) the relative equipoise in the opposing positions, we strongly recommended the Hippocratic Oath – “First, do

We promised you that we would be “mining the depths” of Third Circuit’s opinion in Colacicco v. Apotex Inc., 521 F.3d 253, 2008 WL 927848 (3d Cir. Apr. 8, 2008), affirming implied prescription drug preemption. That, of course, assumes that our doing so is a good thing. But we have to believe that most

The Third Circuit has affirmed the finding of extensive preemption in the Colacicco/McNellis suicidality litigation. Here’s a copy of the opinion. Judge Sloviter wrote the opinion. There is a dissent, by Judge Ambro. This is the first federal court of appeals decision to address preemption following the FDA’s 2006 Preemption Preamble.


Late last week, the FDA filed a short post-argument submission with the Third Circuit in Colacicco, which the parties recently received. Here’s a copy. It’s only a couple of pages. The submission has three purposes: (1) It provides the court with a copy of the brief that the agency recently filed with the