We’ve previously offered our collective four cents worth about tactical considerations that pharmaceutical defendants need to think about in deciding whether or not to bring preemption motions in particular cases. Given the importance of the issue, and (until 2008) the relative equipoise in the opposing positions, we strongly recommended the Hippocratic Oath – “First, do

Today we’re thinking about evidence – specifically FDA evidence. There’s a lot of different kinds. There are FDA approval letters, something we usually want to get in. There are FDA warning letters, Something that we always want to keep out. The same can be said for adverse drug and medical device reports, which we’ve already