Both of your humble scribes attended the American Conference Institute Drug and Medical Device Litigation Conference in New York last week. Here are a few stray thoughts that we picked up along the way:
1. Herrmann used his best material on this crowd. He explained that only one person in the world tells MDL jokes
Michael Imbroscio, of Covington & Burling, attended the oral argument today in the Colacicco/McNellis appeal in the Third Circuit in Philadelphia. He just sent us this report describing the argument. Your dynamic blogging duo had nothing to do with this report; it’s entirely Mike’s work, for which we thank him:
In a packed
Although neither of us could attend, we’ve now received a first report about the Colacicco/McNellis argument in the Third Circuit this morning.
The parties argued before a packed house; the argument ran for over two hours; at the conclusion, the panel ordered the preparation of a transcript, so investors would have access to the proceedings.
Bexis is now involved in the Colacicco/McNellis appeal, so he can no longer post on that subject. He thus was not involved in drafting this short post; it’s Herrmann’s work alone.
And Herrmann doesn’t really have much to say, either. (No surprises there.)
If you’re trying to read the tea leaves for the upcoming Colacicco/McNellis
The parties have now received the notice of oral argument for the consolidated appeals of Colacicco and McNellis, the first of the drug preemption cases to arrive in a federal circuit court of appeals.
The argument is scheduled for Monday, December 10, in Philadelphia.
The appellate panel consists of Third Circuit judges Ambro and
In letters sent to the parties in both Colacicco and McNellis, the Third Circuit has tentatively scheduled both cases (they aren’t technically consolidated) for “consideration” on December 10, 2007. Technically that is not a date for oral argument (yet) since the court does not decide whether there will be oral argument until about ten
We previously mentioned here that oral argument had been scheduled for Colacicco/McNellis for September 17, 2007. That statement is now inoperative. The parties have been notified by the Third Circuit that the case has been “removed from the argument list” for that date. No date for relisting has been given.
This is the SSRI case out of the Eastern District of Pennsylvania in which the court found most claims preempted both against a generic and against a pioneer drug manufacturer. The appeal was delayed to coordinate it with the McNellis case out of the District of New Jersey (an adverse preemption ruling being appealed interlocutorily).
As best as we know, here’s where the appeal of the Colacicco/McNellis matter stands. The parties in Colacicco have received a list of possible argument dates from the Third Circuit. These dates range from mid-July to the end of September. No date has been selected.
We understand the briefing to be complete in
All eyes in the drug preemption world are, of course, on Colacicco v. Apotex, now on appeal in the Third Circuit. The later appeal from McNellis v. Pfizer (out of the District of New Jersey) has now been consolidated with Colacicco. Colacicco has been stayed until briefing is completed in McNellis. The