Publication: Drug and Device Law

First reported 20 hours ago - Updated 20 hours ago - 1 reports

A Cause for Celebration

Happy birthday to Al Roker, who makes even a rainy day forecast seem jolly.  Happy birthday to Amy Adams, who enchanted audiences in movies as diverse as Drop Dead Gorgeous , The Fighter , and American Hustle .  Happy birthday to the late Jacqueline ... [Published Drug and Device Law - 20 hours ago]
First reported Aug 19 2014 - Updated Aug 19 2014 - 1 reports

Plaintiffs’ Causation Case in The Zoloft MDL: Is Anything Left After A Second Daubert Opinion?

            The week after Weeks II , we are not in position to tout our prognosticating on that decision.  We had certainly hoped that a rehearing would have signaled a smarter approach to considering innovator liability given that the vast majority ... [Published Drug and Device Law - Aug 19 2014]
First reported Aug 18 2014 - Updated Aug 18 2014 - 1 reports

POM Doesn’t Seem to Have Changed Much

Although the Supreme Court’s recent decision in POM Wonderful, which we blogged about here , didn’t involve preemption, we were worried that, at least in Lanham Act cases, it might erode the protection afforded prescription medical products (POMwas a ... [Published Drug and Device Law - Aug 18 2014]
First reported Aug 18 2014 - Updated Aug 18 2014 - 1 reports

Interesting Cases Sent By Users (Part II) Off-Label Promotion

Here's the second case that was sent to us by our readers.  It is a favorable decision on one of our many pet peeves, off-label promotion, In re Celexa & Lexapro Marketing & Sales Practices Litigation, 2014 WL 3908126 (D. Mass. Aug. 8, 2014).  On this ... [Published Drug and Device Law - Aug 18 2014]
First reported Aug 15 2014 - Updated Aug 15 2014 - 1 reports

Breaking News: Weeks II – Lipstick (and Not All That Much) on a Pig

The Alabama Supreme Court redecided Weeks v. Wyeth, Inc., No. 1101397, slip op.  (Ala. Aug. 15, 2014), today.  It’s not all that much different than the original “Weeks Reasoning” decision that we excoriated here .  In fact, the first 54 pages of Weeks ... [Published Drug and Device Law - Aug 15 2014]
First reported Aug 15 2014 - Updated Aug 15 2014 - 1 reports

Allowing An End Run on Proximate Cause for Failure to Warn

            August signals different things to different people.  When it comes to football, two August events come to mind:  1) NFL preseason games and 2) high school “two-a-day” practices.  The former are not like real NFL games, but they are better ... [Published Drug and Device Law - Aug 15 2014]
First reported Aug 14 2014 - Updated Aug 14 2014 - 1 reports

Interesting Cases Sent By Users (Part 1) Personal Jurisdiction

Over the past week, we received two new decisions from our readers.  This post is about the first of them (there's an internal hang-up with the other, that we hope will clear up shortly). The first case sent to us is In re Plavix Related Cases, 2014 ... [Published Drug and Device Law - Aug 14 2014]
First reported Aug 13 2014 - Updated Aug 14 2014 - 1 reports

EDNY Tosses Non-manufacturing Claims from Hip Replacement Case

Of the three main theories of product liability (design defect, manufacturing defect, and failure to warn), we find ourselves blogging way more on the first and third, and not as much on the second.  The case law is more varied, more interesting, and ... [Published Drug and Device Law - Aug 13 2014]
First reported Aug 12 2014 - Updated Aug 12 2014 - 1 reports

Hey Jude! Reprise – Still a Sad Song for Plaintiffs

br />!--[if gte mso 10]> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; ... [Published Drug and Device Law - Aug 12 2014]
First reported Aug 11 2014 - Updated Aug 11 2014 - 1 reports

Court Holds that Claim Against a Doctor Who Served as a Designer (or Possibly Just a Consultant) Can Defeat Diversity

br />!--[if gte mso 9]><![endif]-->The court in Turner v. DePuy Orthopaedics, Inc., 2014 U.S. Dist. LEXIS (C.D. Calif. July 29, 2014), ordered the remand of a removed case after rejecting the defense’s argument that Mensing preemption (or ... [Published Drug and Device Law - Aug 11 2014]
First reported Aug 08 2014 - Updated Aug 08 2014 - 1 reports

Hotel California: You Can Check Out Anytime You Like, But . . .

We like the U.S. Supreme Court’s opinion in Daimler AG v. Bauman , 134 S. Ct. 746 (2014), because reining in general personal jurisdiction is a sound and welcome development.  General jurisdiction means jurisdiction over any and all disputes, and such ... [Published Drug and Device Law - Aug 08 2014]
First reported Aug 07 2014 - Updated Aug 07 2014 - 1 reports

A Silver Lining To Lance?

We made no secret that we were appalled by the result in Lance v. Wyeth, 85 A.3d 434 (Pa. 2014), as soon as it came down.  We’re still appalled.  Lance remains our current front-runner for worst decision of the 2014.  But a couple of recent cases have ... [Published Drug and Device Law - Aug 07 2014]

Quotes

...in the Qui Tam Action, Eisai allegedly committed the causing of false or fraudulent claims to be submitted in connection with certain acts such as "failure to adopt adequate workplace or employment policies and procedures" and "negligent evaluation of employees."
...plaintiff contended defendant should have to prove that the use before the January 2011 labeling change did not proximately cause her injury. "This position is baffling, because if the Gaynor Plaintiffs are basing their failure to warn claim on [defendant’s] conduct between 1996 and 2010, or the fact that [defendant] should have updated its label by the mid 2000’s at the latest, then this Court has already held – twice – that such failure to warn claim fails as a matter of law on preemption grounds."
...D Cal. 2008) (off-label promotion violates the FDCA but the FDCA provides for no private right of action; nor can plaintiffs use "state unfair competitioncompetition laws as a vehicle to bring a private cause of action that is based on violations of the FDCA." ). Id. at *5-6
...But the Court need not feign naïveté: plaintiffs' counsel candidly admitted that they followed "the road map that Congress gave us when they enacted CAFA. Basically, they said if you [want] to deal with the hassle of filing multiple complaints, as long as there are fewer than 100 claimants, then you can avoid federal jurisdiction under CAFA. So we did that."

More Content

All (161) | News (0) | Reports (0) | Blogs (161) | Audio/Video (0) | Fact Sheets (0) | Press Releases (0)
sort by: Date | Relevance
A Cause for Celebration [Published Drug and Device Law - 20 hours ago]
Plaintiffs’ Causation Case in The Zoloft MDL: I... [Published Drug and Device Law - Aug 19 2014]
POM Doesn’t Seem to Have Changed Much [Published Drug and Device Law - Aug 18 2014]
Interesting Cases Sent By Users (Part II) Off-L... [Published Drug and Device Law - Aug 18 2014]
Breaking News: Weeks II – Lipstick (and Not All... [Published Drug and Device Law - Aug 15 2014]
Allowing An End Run on Proximate Cause for Fail... [Published Drug and Device Law - Aug 15 2014]
Interesting Cases Sent By Users (Part 1) Person... [Published Drug and Device Law - Aug 14 2014]
EDNY Tosses Non-manufacturing Claims from Hip R... [Published Drug and Device Law - Aug 13 2014]
Hey Jude! Reprise – Still a Sad Song for Plaint... [Published Drug and Device Law - Aug 12 2014]
Court Holds that Claim Against a Doctor Who Ser... [Published Drug and Device Law - Aug 11 2014]
Hotel California: You Can Check Out Anytime You... [Published Drug and Device Law - Aug 08 2014]
A Silver Lining To Lance? [Published Drug and Device Law - Aug 07 2014]
Not Exactly the Pinnacle of Legal Reasoning [Published Drug and Device Law - Aug 06 2014]
Two More InFuse Victories [Published Drug and Device Law - Aug 05 2014]
Accutane Triple Win in Jersey [Published Drug and Device Law - Aug 04 2014]
Assuming What You Are Trying to Prove in A Thir... [Published Drug and Device Law - Aug 01 2014]
Court: It's Only Unconstitutional If You, Not W... [Published Drug and Device Law - Jul 31 2014]
More Maya [Published Drug and Device Law - Jul 30 2014]
Lack of Specificity OK in Kentucky [Published Drug and Device Law - Jul 29 2014]
Privacy of Medical Information: Still No Harm, ... [Published Drug and Device Law - Jul 28 2014]
Guest Post - Another Third Party Payor Case Is ... [Published Drug and Device Law - Jul 25 2014]
Testing the Limits of Prescription Drug Preemption [Published Drug and Device Law - Jul 24 2014]
Court Dismisses Balderdash Solodyn Complaint [Published Drug and Device Law - Jul 23 2014]
No Duty for Sales Representatives in the Operat... [Published Drug and Device Law - Jul 22 2014]
The Next Best Thing to Removal [Published Drug and Device Law - Jul 22 2014]
Preemption Made Easy [Published Drug and Device Law - Jul 21 2014]
Innovator Liability at 100 [Published Drug and Device Law - Jul 18 2014]
Guest Post - Oklahoma's Latest Tort Reform [Published Drug and Device Law - Jul 17 2014]
Court Takes A Red Pen to InFuse Complaint [Published Drug and Device Law - Jul 16 2014]
Hoisted By Her Own Petard: A Qualified Epidemio... [Published Drug and Device Law - Jul 15 2014]
1 2 3 4 5 6
In Focus
  •  
  •  
  •  
  •  
  •  
  •  
  •  
  •  
Content Volume
Document Volume
Network
Network

Blogs

sort by: Date | Relevance
A Cause for Celebration [Published Drug and Device Law - 20 hours ago]
Happy birthday to Al Roker, who makes even a rainy day forecast seem jolly.  Happy birthday to Amy Adams, who enchanted audiences in movies as diverse as Drop Dead Gorgeous , The Fighter , and American Hustle .  Happy birthday to the late Jacqueline ...
Plaintiffs’ Causation Case in The Zoloft MDL: I... [Published Drug and Device Law - Aug 19 2014]
            The week after Weeks II , we are not in position to tout our prognosticating on that decision.  We had certainly hoped that a rehearing would have signaled a smarter approach to considering innovator liability given that the vast majority ...
POM Doesn’t Seem to Have Changed Much [Published Drug and Device Law - Aug 18 2014]
Although the Supreme Court’s recent decision in POM Wonderful, which we blogged about here , didn’t involve preemption, we were worried that, at least in Lanham Act cases, it might erode the protection afforded prescription medical products (POMwas a ...
Interesting Cases Sent By Users (Part II) Off-L... [Published Drug and Device Law - Aug 18 2014]
Here's the second case that was sent to us by our readers.  It is a favorable decision on one of our many pet peeves, off-label promotion, In re Celexa & Lexapro Marketing & Sales Practices Litigation, 2014 WL 3908126 (D. Mass. Aug. 8, 2014).  On this ...
Breaking News: Weeks II – Lipstick (and Not All... [Published Drug and Device Law - Aug 15 2014]
The Alabama Supreme Court redecided Weeks v. Wyeth, Inc., No. 1101397, slip op.  (Ala. Aug. 15, 2014), today.  It’s not all that much different than the original “Weeks Reasoning” decision that we excoriated here .  In fact, the first 54 pages of Weeks ...
1 2 3 4 5 6 7 8 9 10 ...
Contact Us
Sales
Support


Freebase CC-BY Some image thumbnails are sourced from Freebase, licensed under CC-BY

Copyright (C) 2014 Silobreaker Ltd. All rights reserved.
The selection and placement of stories and images on any Silobreaker page are determined automatically by a computer program.
The time or date displayed reflects when an article was added to or updated in Silobreaker.