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California and Idaho share some similarities, but also many differences.  Both are sprawling Western states.  Both are year-round meccas for outdoor activities of all types, whether it be hiking, skiing, rafting, mountain biking, or just gazing idly at some of the most stunning scenery you will ever hope to see.  Both California and Idaho have

Photo of Michelle Yeary

So, in case you’ve missed every national news report over the last 24 hours – it’s cold outside.  Really cold.  The media is calling it Polar Vortex 2014 – because it’s nothing without a catchy name and graphic.  Weather reporters are demonstrating how long it takes anything from a wet t-shirt to a hamburger to freeze outside.  To the reporter who was stunned that her water froze this morning, I suggest you re-acquaint yourself with what happens in your freezer every day.  Social media sites were over loaded with Canadians sending tips to their southern neighbors on how to beat the cold.    All this hype over cold weather also prompts anyone over the age of 40 (which means us too) to seem to recall whole winters where the temperature never went above 20 degrees.

The bottom line – it’s winter.  Those of us above the Mason-Dixon Line should have the necessary gear to make it through a few days of real cold.  For those of you who aren’t used to it dipping below 65 – gloves, scarves, extra socks and let your car warm up for at least 10 minutes before heading out.  That about covers it.  Cold weather in January just doesn’t seem like something that warrants this much excitement.  After all, it’s not like a blogworthy pharmaceutical case out of Idaho.  Now that’s news.

The case is Wilson v. Amneal Pharmaceuticals, L.L.C., 2013 U.S. Dist. LEXIS 181953 (D. Idaho Dec. 31, 2013).  Plaintiff alleged he developed Stevens-Johnson Syndrome (a severe skin condition) as a result of taking the generic version of the prescription antibiotic Bactrim, manufactured by the defendant.  Attached to its answer to the complaint, Defendant included the first FDA approval of Generic Bactrim, the FDA’s acknowledgement of transfer of ownership of the ANDA to the defendant, and three versions of the label for Generic Bactrim.  Id. at *4-5.  When the defendant moved to dismiss the complaint, it asked the court to take judicial notice of those documents as well as the FDA approval letter for brand name Bactrim and two FDA approvals of label changes for the brand name drug.  Id. at *6.  Plaintiff objected to the judicial notice request, arguing that defendant’s motion should be converted to a motion for summary judgment and that in turn plaintiff be afforded an opportunity to conduct discovery before the motion was ruled on.

Continue Reading Idaho Says No to Generic Liability and Yes to Judicial Notice