Rouviere has been a long and storied litigation. We have shared many parts of that story here (Zoom depositions during Covid), here (turncoat experts), here (reflections on Rambo litigation), and here (summary judgment on statute of limitations). After six years of litigation that ended in a summary judgment that was affirmed on appeal, we thought
An interesting issue recently arose (but was not resolved) in In re: Proton-Pump Inhibitor Products Liability Litigation, 2022 WL 2188038 (D.N.J. June 17, 2022) (“PPI”). The ability of an FDA expert witness to testify was challenged under 18 U.S.C. §207, a federal conflict of interest statute. We have never seen that statute invoked in connection with an ex-FDA witness before, and apparently neither has anyone else, since the opinion observes that “the fact pattern presented here is something of an unprecedented issue.” Id. at *4 (citation and quotation marks omitted). So we thought we’d alert our readers.
Continue Reading Regulatory Witnesses – Something Else To Watch