Every so often, the song nobody wanted turns out to be the one that lasts. Radiohead almost left “Creep” off their debut album because the band itself was embarrassed by it; it became their defining hit. Prince wrote “Nothing Compares 2 U” and gave it away as album filler for a side project he was
This blogger spent the weekend in Morgantown, and West Virginia did everything right except the football score. The leaves were doing their early turn, that first crisp snap was in the air, and the drive in on 68 delivered exactly the scenery you hope for — ridge after ridge of Appalachian foothills rolling out in
We reported a couple of months ago on important decisions in the Fourth Circuit that invalidated state laws in West Virginia and Maryland purporting to compel pharmaceutical manufacturers to deliver steeply discounted prescription medicines to unlimited numbers of pharmacies under the federal 340B drug discount program. Because the opinions created a circuit split on a
Can states compel prescription drug manufacturers to deliver steeply discounted medicines to unlimited numbers of pharmacies? That is the issue that has been kicking around federal courts for a few years now, and the Fourth Circuit has now weighed in by answering “no.”
We are talking here about drugs purchased under the federal government’s 340B
This post is from the non-Dechert and non-RS side of the Blog.
Depending on the time, issue, and players, the supposed epithets of “judicial activism” or “activist judge” can be thrown in just about every juridical direction. If we were to try to parse out the most common reason for the use of these terms
For design defect claims, a key issue is whether the relevant jurisdiction requires evidence that a suitable alternative design existed that would have allowed the plaintiff to dodge the alleged injury. This blog has posted at length about alternative design requirements and their nuances. These posts address everything from the existential question of “What
The 2024 Annual Meeting of the American Law Institute (“ALI”) got under way yesterday. Therefore, based on what happened last year (described in detail here), we assume we are on the brink of the ALI taking the monumentally non-restating step of recognizing no-injury medical monitoring. In a case of twisted timing, as we await
Our work on “hard goods” (automobile, appliance, fire) product liability cases is greatly outnumbered by our drug and device cases (and probably also outnumbered these days by website privacy cases). But the history of product liability has often been driven by such hard goods cases. Think of Cardozo’s famous opinion in MacPherson v. Buick.
Since before the Dobbs decision reversed decades of precedent on reproductive rights, we have been looking at the implications for drug and device manufacturers. See here and here. Our posts have, of course, followed the ins and outs of the notorious AHM (or Hippo) litigation as it makes its way up to the
Shortly after we recently posted our 50-state survey of state law concerning expert “gatekeeping,” we received a thoughtful email from friend-of-the-Blog Tom Hurney, of Jackson Kelly, informing us that there were additional gatekeeping-related issues in West Virginia that our search – limited to cases using the word “gatekeeping” – did not reflect. His