Publication: Drug and Device Law

First reported 4 hours ago - Updated 4 hours ago - 1 reports

Court: It's Only Unconstitutional If You, Not We, Do It

A bit of a rant today. We’ve just read Gibson v. American Cyanamid Co., ___ F.3d ___, 2014 WL 3643353 (7th Cir. July 24, 2014), and we have to say that it’s one of the most constitutionally arrogant decisions we’ve ever read.  Stripped to its essentials, ... [Published Drug and Device Law - 4 hours ago]
First reported Jul 30 2014 - Updated Jul 30 2014 - 1 reports

More Maya

The other day ESPN’s Sportscenter ran a teaser entitled “Less of Maya Moore.”  WNBA player Maya Moore had what was for her a less than stellar night, but her teammates on the Minnesota Lynx picked up the slack and they won anyway.  Maya Moore is a fantastically ... [Published Drug and Device Law - Jul 30 2014]
First reported Jul 29 2014 - Updated Jul 29 2014 - 1 reports

Lack of Specificity OK in Kentucky

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 - Jul 29 2014]
First reported Jul 28 2014 - Updated Jul 28 2014 - 1 reports

Privacy of Medical Information: Still No Harm, Still No Foul

We expanded our practice into data privacy and security out of practical necessity.  Expectations surrounding privacy of personal information are evolving, and the laws that regulate data privacy change every day, generally to expand protection for private ... [Published Drug and Device Law - Jul 28 2014]
First reported Jul 25 2014 - Updated Jul 25 2014 - 1 reports

Guest Post - Another Third Party Payor Case Is Shown The Door

Today we have this guest post from Reed Smith 's Andrew Stillufsen about a recent defense win in a third party payer (or is it"payor"?) case here in the Eastern District of Pennsyvania.  We hope you find it as interesting as we did.  As usual all credit ... [Published Drug and Device Law - Jul 25 2014]
First reported Jul 24 2014 - Updated Jul 24 2014 - 1 reports

Testing the Limits of Prescription Drug Preemption

Just how far can a state go in regulating prescription drugs?  The simple answer is that states can go nowhere and that FDA is king in this field under the FDCA and the Supremacy Clause.  But we all know that it is not that simple.  We are reminded every ... [Published Drug and Device Law - Jul 24 2014]
First reported Jul 23 2014 - Updated Jul 23 2014 - 1 reports

Court Dismisses Balderdash Solodyn Complaint

 The genius who devised the theory of evolution.  The statesman who defended Western Civilization against the Nazis.  The man who freed a subcontinent via the majesty of nonviolent resistance.  The greatest basketball player of all time.  The composer ... [Published Drug and Device Law - Jul 23 2014]
First reported Jul 22 2014 - Updated Jul 22 2014 - 1 reports

No Duty for Sales Representatives in the Operating Room

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 - Jul 22 2014]
First reported Jul 22 2014 - Updated Jul 22 2014 - 1 reports

The Next Best Thing to Removal

Okay, so you’d really like to remove that case that the other side filed in one of the notorious litigation tourist traps, but. . . .  The insignificant in-state – that is to say, nondiverse – defendant was held not to be fraudulently joined, so your ... [Published Drug and Device Law - Jul 22 2014]
First reported Jul 21 2014 - Updated Jul 21 2014 - 1 reports

Preemption Made Easy

br />!--[if gte mso 9]><![endif]-->The reason that the court’s decision in Wagner v. Pfizer, 2014 U.S. Dist. LEXIS 94281 (W. D. Wisc. July 11, 2014), is useful is not because it dismisses state-law claims against generic manufacturers on the ... [Published Drug and Device Law - Jul 21 2014]
First reported Jul 18 2014 - Updated Jul 18 2014 - 1 reports

Innovator Liability at 100

This post is only from the Reed Smith (more properly, the non-Dechert) side of the blog.One hundred what, you say?Certainly not years; the awful Conte v. Wyeth, Inc., 85 Cal. Rptr.3d 299, (Cal. App. 2008), decision just turned six – this blog is older ... [Published Drug and Device Law - Jul 18 2014]
First reported Jul 17 2014 - Updated Jul 17 2014 - 1 reports

Guest Post - Oklahoma's Latest Tort Reform

Here's another guest post, this time by Vani Singhal of McAfee Taft .  It's about tort reform, Sooner style.  As always, our guest correspondent gets all the credit (or blame, as the case may be).************** Oklahoma has enacted a new law relating ... [Published Drug and Device Law - Jul 17 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."
After "tactfully re-characteriz[ing] their failure to warn claims through the procession of this MDL" plaintiff (and plaintiffs) finally had to put up evidence to maintain a warnings claim under New York law, which is fairly standard in terms of learned...
...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."

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sort by: Date | Relevance
Court: It's Only Unconstitutional If You, Not W... [Published Drug and Device Law - 4 hours ago]
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]
Federal Court Finds a Duty With Regard to Conse... [Published Drug and Device Law - Jul 14 2014]
Breaking News: First State Supreme Court To Rej... [Published Drug and Device Law - Jul 11 2014]
Hey, Jude! Making It Good on Preemption [Published Drug and Device Law - Jul 11 2014]
Daubert and Summary Judgment: Together Again [Published Drug and Device Law - Jul 10 2014]
Knowledge of Injury is Enough to Start the Stat... [Published Drug and Device Law - Jul 09 2014]
And Now for Something a Little Different – Insu... [Published Drug and Device Law - Jul 08 2014]
Pharmacies Can Be Sued in Utah for Bad Advice o... [Published Drug and Device Law - Jul 07 2014]
Pharmacy Monographs and an Illusory Duty of Care [Published Drug and Device Law - Jul 03 2014]
Massachusetts Federal Court Applies Comment K; ... [Published Drug and Device Law - Jul 02 2014]
Latest InFuse Win – Good on Negligence Per Se [Published Drug and Device Law - Jul 01 2014]
Interesting Case On A Couple Of Issues [Published Drug and Device Law - Jun 30 2014]
Fosamax Plaintiffs Between A Rock And A Hard Place [Published Drug and Device Law - Jun 27 2014]
Breaking News: Big Darvocet Appellate Win – Mul... [Published Drug and Device Law - Jun 27 2014]
Ninth Circuit Applies One-Two Punch to Prevent ... [Published Drug and Device Law - Jun 25 2014]
Actos -- Another Motion for Sanctions [Published Drug and Device Law - Jun 24 2014]
Supreme Court Dents, But Keeps, “Fraud on the M... [Published Drug and Device Law - Jun 23 2014]
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sort by: Date | Relevance
Court: It's Only Unconstitutional If You, Not W... [Published Drug and Device Law - 4 hours ago]
A bit of a rant today. We’ve just read Gibson v. American Cyanamid Co., ___ F.3d ___, 2014 WL 3643353 (7th Cir. July 24, 2014), and we have to say that it’s one of the most constitutionally arrogant decisions we’ve ever read.  Stripped to its essentials, ...
More Maya [Published Drug and Device Law - Jul 30 2014]
The other day ESPN’s Sportscenter ran a teaser entitled “Less of Maya Moore.”  WNBA player Maya Moore had what was for her a less than stellar night, but her teammates on the Minnesota Lynx picked up the slack and they won anyway.  Maya Moore is a fantastically ...
Lack of Specificity OK in Kentucky [Published Drug and Device Law - Jul 29 2014]
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:""; ...
Privacy of Medical Information: Still No Harm, ... [Published Drug and Device Law - Jul 28 2014]
We expanded our practice into data privacy and security out of practical necessity.  Expectations surrounding privacy of personal information are evolving, and the laws that regulate data privacy change every day, generally to expand protection for private ...
Guest Post - Another Third Party Payor Case Is ... [Published Drug and Device Law - Jul 25 2014]
Today we have this guest post from Reed Smith 's Andrew Stillufsen about a recent defense win in a third party payer (or is it"payor"?) case here in the Eastern District of Pennsyvania.  We hope you find it as interesting as we did.  As usual all credit ...
1 2 3 4 5 6 7 8 9 10 ...
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