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Those of us who took Con Law as first year law students may recall Marbury v. Madison as an early test of the Supreme Court’s place in our nascent republic.  Alliteration being a mnemonic device, some may recall that Madison was Secretary of State James Madison and the decision was written by Chief Justice John

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Way back in September 2012, we—in its Blog-specific veiled singular usage—did our first post.  We introduced ourselves with some rare first personal singular statements before proceeding to trash a Louisiana intermediate appellate court’s affirmance of a large verdict under Louisiana’s Medical Assistance Programs Integrity Law.  Among our criticisms was the lack of detail on

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There’s more than one way to cook an egg.  And, there’s more than one way to dismiss a case. In Bennett v. Teva, the district court decision was based on preemption.  The Third Circuit took a different route basing their dismissal on TwIqbal.  While we would have preferred an appellate win on preemption

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Today’s case is a straight warnings case.  So, there should be little surprise that if it involves a generic drug preemption shuts it down.  But that does not mean that plaintiffs did not try several avenues of attack to try to find a warning claim that would stick.  None did.

The case is Roncal v.

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Federal law regulates medical devices differently from pharmaceuticals, and branded drugs differently from generic drugs. Whether a particular state-law tort claim is preempted often depends on whether the claim involves a medical device, a branded drug, or a generic drug. Often but not always. As today’s case illustrates, there is one implied-preemption principle that applies

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A short and sweet report today on Lowe v. Walgreens Boots All., Inc., 2021 WL 4772293 (N.D. Cal. 2021), a recent decision dismissing a putative class action that sought to assert a variety of California state-law claims against the sellers of a generic drug based on the drug’s labeling. The court dismissed three of

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We’ll get to the recent Second Circuit decision, Ignacuinos v. Boehringer Ingelheim Pharms., Inc., — F.4th —-, 2021 WL 3438355 (2d Cir. 2021), in due course, but first some background.

One of our top ten decisions in 2018 was Gustavsen v. Alcon Labs., Inc., 903 F.3d 1 (1st Cir. 2018), an important implied-preemption