A little more than a year ago, back in February 2008, a majority of the Supreme Court stated, in Riegel v. Medtronic, Inc.:
Indeed, one would think that tort law, applied by juries under a negligence or strict-liability standard, is less deserving of preservation. A state statute, or a regulation adopted by a state
First, a minor correction. We lost by 6-3, not 6-2 (when you’re typing fast you’re all thumbs). We lost Kennedy, Thomas, and Breyer. We needed to win at least two of them.
The court relied on two facts established by the trial: (1) that a stronger warning would have made a factual difference (eliminating consideration
The Legal Intelligencer has a story today about the preemption loss in Knipe v. SmithKline Beecham. Since that adverse decision has made its way into the legal version of “mainstream media,” that means, under our self-imposed guideline of “first, do no harm” to the defense position in such matters, we’re now free to blog
As most of our regular readers no doubt already know, not quite two weeks ago, we had to flip one of the cases in our Drug Preemption Scorecard. Specifically, the pro-preemption decision Tucker v. SmithKline Beecham Corp., 2007 WL 2726259 (S.D. Ind. Sept. 19, 2007) (“Tucker I”), became the anti-preemption decision,
A confession: There wasn’t supposed to be a Part II to this post.
When we posted our earlier users guide to the Levine defense amicus briefs, we thought we had included everything – we really did.
Shows what we know.
It seems our “good ol’ boys” approach to collecting the defense amicus briefs had a
It’s been said that the third time’s the charm. Maybe that means that we’ll get it right this time.
Anyway, as regular readers of this blog know, Wyeth filed its principal merits brief in Wyeth v. Levine early last week. As night follows day, that means that all defense amicus briefs are due a
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.
The
Now we’ve read it, and before we go off to celebrate (and maybe to look for new jobs as IP lawyers – that’s a joke, folks), we thought we’d tell our readers why that’s exactly what we’re doing.
The 7-1 Riegel decision definitively demolishes a lot of the arguments we’ve been seeing for years (if
We’re sure that we’ll have plenty more to say about the Wyeth v. Levine case as it makes its way toward final decision later this term. For one thing, the grant means we should know once and for all whether the FDA’s right about implied preemption in the prescription drug field by the end of