A long time ago – blogwise, anyway – we put together a post that described and linked to all the FDA’s amicus curiae briefs that the Agency had filed in favor of preemption in prescription drug and medical device product liability litigation. Several things have happened since then. One of those things was that we
The Solicitor General has just weighed in today with his amicus curiae curiae brief in Riegel v. Medtronic, Inc., No. 06-179 (U.S. filed May 2007). You can read the brief here. (hit the “download” button to get the PDF)
The Solicitor General recommends against the Court accepting the appeal (“certiorari” is the technical
One of the more insistent refrains that we hear from plaintiffs in prescription drug cases where implied preemption is at issue is that the FDA’s current position – foursquare in favor of preemption in six specified circumstances – should be ignored because the Agency’s pro-preemption position is “inconsistent” with the supposedly anti-preemption viewpoint that it
This is another “better here than in a heap on my floor” posts. This post provides links to all court decisions (of which we’re aware) on the issue of drug preemption that have been handed down since the FDA published the so-called “Preemption Preamble” in January 2006.
As readers of this blog surely know, in
As everyone who litigates drug and medical device cases knows, the FDA has filed a number of briefs as amicus curiae over the past few years. It strikes us that it would be a good idea to collect them all in one place. Not only is this collection a resource in its own right, but