Saturday, March 31, 2007

We like Sykes

Judge Stengel did some nice work on Wednesday, March 28. In 65 nicely reasoned pages, he came out in favor of both Vaccine Act and FDA prescription drug preemption. If that doesn't make your spine tingle . . . well, why are you reading this blog, anyway?

In Sykes v. Glaxo-SmithKline, et al., No. 06-1111, slip op. (E.D. Pa. Mar. 28, 2007) (sorry -- we can't find it on the web, and we can't post it on a databus from where we're blogging, so we can't provide a link), Sykes' parents brought strict liability and negligence claims against GSK, Wyeth, and Bayer for injuries allegedly suffered by Sykes due to his exposure to vaccines and a biologic containing the preservative thimerosal. Since discovery had been stayed to allow a decision on the preemption issue, Judge Stengel treated the defendants' motions for summary judgment as motions for judgment on the pleadings.

Judge Stengel started by ruling in favor of Vaccine Act preemption. The Vaccine Act preempts design defect claims because (1) "the purposes of the Vaccine Act would not be served if defective design claims could be tried before juries. A case-by-case determination of whether a vaccine was unavoidably unsafe would defeat the protection the Act was intended to provide vaccine manufacturers," id. at 21, (2) the "structure of the Vaccine Act read as a whole" suggests that allowing design defect claims "would destroy the uniformity Congress intended to establish with the Vaccine Act," id. at 22, (3) "the legislative history" of the Vaccine Act "clearly supports the conclusion that Congress intended to protect vaccine manufacturers from liability for defective design claims," id., and (4) the rationale of Comment k (to Restatement (Second) of Torts Sec. 402A) supports the notion that manufacturers should not be liable for injuries caused by "unavoidably unsafe" products that were manufactured and marketed appropriately. Id. at 23.

Design defect down, failure to warn to go. First, failure to warn patients themselves. The Vaccine Act by its terms bars "claims based on a vaccine manufacturer's failure to provide warnings to an individual who receives its vaccine." Id. at 27.

Next, failure to warn learned intermediaries. Claims that a manufacturer failed to warn health care providers about the risks of a vaccine can be overcome if a plaintiff pleads and proves that the manufacturer withheld relevant information from the FDA. Plaintiffs therefore pleaded (as night follows day) that the manufacturers had defrauded the FDA. Since Judge Stengel was ruling on motions for judgment on the pleadings, he could not consider the affidavits and documents submitted by defendants to prove that they had complied with the FDA's requirements. Id. at 27. He therefore could not hold that plaintiffs' claims were preempted. (Readers should remember that courts have held that state law fraud-on-the-FDA exceptions are preempted under Buckman. See, e.g., Garcia v. Wyeth-Ayerst Laboratories, 385 F.3d 961 (6th Cir. 2004). The issue of federal-federal, rather than state-federal, displacement of a fraud-on-the-FDA exception requires a different analysis, but defendants shouldn't give up hope here. The issue apparently wasn't raised in Sykes.)

In any event, Judge Stengel found that plaintiffs had not pleaded fraud with particularity and that, in light of recent FDA pronouncements about the safety of thimerosal, repleading would be futile. The court therefore dismissed with prejudice all failure-to-warn claims against the vaccine manufacturers. Sykes, slip op. at 30.

So much for Vaccine Act preemption. On to conflict preemption under the FDA regulations governing biologics. This issue turned in large part on the deference due to the FDA's recent "Preemption Preamble," 71 Fed. Reg. 3922-27 (Jan. 24, 2006), so Judge Stengel's analysis applies equally to all biologic and prescription drug cases. Judge Stengel reasoned, first, that the FDA had said in 1999 that it found no "evidence of harm from the use of thimerosal as a vaccine preservative." Id. at 38. That was presumably also the FDA's position in 1996, when Sykes was exposed to thimerosal. Plaintiffs could not seek to hold manufacturers liable "for disclosure failures involving unsubstantiated risk information that the FDA has considered and rejected." Id. at 42.

Plaintiffs asserted that the manufacturers could have unilaterally strengthened their products' labels. The court rejected this argument because, as a practical matter, manufacturers typically consult with the FDA before implementing labeling changes. Id. at 43. (We would add that, as a legal matter, the FDA can punish manufacturers who unilaterally implement labeling changes that the FDA believes are false, but Judge Stengel did not mention that point.)

Finally, the recurring question in drug preemption cases: What deference is due to the FDA's position in favor of preemption as set forth in the "Preemption Preamble" and recent amicus curiae briefs? (For a complete analysis of those amicus briefs, see our earlier post on that topic here.) "[T]he Supreme Court has held that the FDA's position on the preemptive scope of its regulatory authority 'is dispositive' as long as Congress does not clearly express its intent or other developments do not occur that reveal a change in the agency's position." Sykes, slip op. at 46. And "such preemptive intent may properly be communicated in amicus briefs as well as in 'regulations, preambles, interpretive statements and responses to comments.'" Id.

Plaintiffs asserted that the FDA's position on pharmaceutical preemption has not been consistent over time. Judge Stengel rejected that argument on many grounds. First, "inconsistency does not translate into dismissal of the FDA's position." Id. at 49. An agency is permitted to change its mind as it gains more experience with an issue. Second, "to the extent there was a change, the government has provided a reasoned analysis in the Preemption Preamble as to why certain state law tort claims are now preempted." Id. Third, "since 2000, the FDA has been very consistent in its preemption position." Id. at 49-50. Finally, "the 2000 statement in the Federal Register referred generally to the regulations and did not address the situation in this case -- where the plaintiffs' proposed warnings would have misbranded the biologics or were found scientifically unsubstantiated by the FDA." Id. at 50.

Here, Judge Stengel drops a footnote dismantling the usual plaintiffs' arguments that (1) the FDA failed to involve the states in the rule-making process before issuing its preemption decision and (2) applying the Preemption Preamble to existing cases somehow improperly applies that Preamble retroactively. Id. at 50-51 n.27.

Finally, Judge Stengel distinguished the few 2006 federal district court decisions decided after the Preemption Preamble that found no preemption of state law despite the FDA's position on the matter. (For a complete listing of all drug preemption cases decided during 2006, see our earlier post collecting those cases here.) "[S]ome of the [2006] cases do not even mention the Preemption Preamble, the cases that do mention the Preemption Preamble dismiss it with little or no analysis, none of the cases are binding authority, and none of the cases rely on an amicus brief produced by the FDA." Id. at 52.

At the end of the preemption discussion, a few stray state law claims against Bayer remained undecided. The plaintiffs resided in Virginia and the underlying facts giving rise to Sykes' injury occured in Virginia, which raised both choice-of-law and venue issues. Judge Stengel therefore gave guidance about Pennsylvania law in a series of footnotes and then granted Bayer's motion to transfer the case to Virginia.

Although we disagree with a few small aspects of the Sykes opinion, we are generally very, very pleased with it. Judge Stengel's decision does a magnificent job of explaining itself, and we hope that the Third Circuit panel that decides Colacicco and McNellis will give this reasoning the credit that it deserves.

Thursday, March 29, 2007

Welcome Sanity in New Jersey

We practice in New Jersey a lot – because so many of our pharmaceuticals clients are based there, and the state’s trial courts have tended to allow plaintiffs from all over the country to file there and avoid removal to federal court in diversity actions. New Jersey also just happens to have one of the most liberal consumer fraud statutes in the country – as well as a unique exception to the learned intermediary rule for drugs marketed by direct to consumer advertising.

Thus we were appalled when last year, in Rowe v. Hoffmann-La Roche Inc., 892 A.2d 694, (N.J. Super. A.D. 2006), the court held that New Jersey law would apply to any suit filed in New Jersey against a New Jersey domiciled drug manufacturer. What were those guys thinking? Did they want all the drug manufacturers in New Jersey to move to North Carolina?

Particularly absurd was the Appellate Division’s statement that there was no forum shopping problem to be concerned with, “Nor do we see any danger that applying New Jersey law in this case will lead to an influx of drug failure-to-warn cases brought by non-residents of New Jersey.” Id. at 708. That’s just a willful denial of reality. There are a dozen or so formally recognized pharmaceutical "mass torts" in New Jersey – and in every one of them 90%+ of the plaintiffs are from some other state. Those stats are all laid out in an excellent amicus brief filed in Rowe by Product Liability Advisory Council (“PLAC”) in the New Jersey Supreme Court (yeah, one of us had a hand in that, but the real credit goes to Anita Hotchkiss at Porzio). Not only that – the plaintiffs firms know that the Appellate Division was barmy as well. They’ve sent out solicitation letters to attorneys in other states touting New Jersey as the forum of choice (one of us has a copy - and so does the aforementioned PLAC brief).

Well we’re pleased to say that the New Jersey Supreme Court saw through the Appellate Division’s result-oriented choice of law smoke screen and reversed today. Rowe v. Hoffman-La Roche, Inc., ___ A.2d ___, 2007 WL 923512 (N.J. March 29, 2007). The case involved the Michigan drug immunity statute that conclusively presumes that an FDA-compliant drug is non-defective. New Jersey, by contrast, has a statute that provides a rebuttable presumption of non-defectiveness. That was enough for the court to find a true conflict of laws. Id. at whatever (no page numbers on Westlaw yet); slip op. at 10.

Looking at the facts of the case, the majority came to the only reasonable conclusion – that a Michigan resident who had never set foot in New Jersey – who took the drug in Michigan after it was prescribed by a Michigan doctor – should properly have his lawsuit determined under Michigan law. No other result would have maintained the comity between the states. New Jersey had no business inserting itself in a lawsuit by an out of state resident prescribed a drug in his or her home state.
[C]omity precludes closing our eyes to Michigan’s interest. . . . The question is not whether Michigan or New Jersey passed the better law; that is a normative judgment best suited for the legislative process. . . . To allow a life-long Michigan resident who received a FDA-approved drug in Michigan and alleges injuries sustained in Michigan to by-pass his own state’s law and obtain compensation for his injuries in this State’s courts completely undercuts Michigan’s interests, while overvaluing our true interest in this litigation.

Id. at whatever (emphasis added); slip op. at 19-20.

While the New Jersey presumption wasn’t conclusive like the Michigan one, it was still enacted to limit manufacturer liability. Therefore it would be a perversion of the statute’s intent to allow it to increase a manufacturer’s exposure as the Appellate Division had permitted:

The predominant object of the law is not to encourage tort recoveries by plaintiffs, whether New Jersey citizens or not, in order to deter this State's drug manufacturers. On the contrary, the law limits the liability of manufacturers of FDA-approved products by reducing the burden placed on them by product liability litigation. The Legislature carefully balanced the need to protect individuals against the need to protect an industry with a significant relationship to our economy and public health. New Jersey's interest in applying its law to [plaintiff’s] failure-to-warn issue, when properly discerned, is not antithetical to Michigan's interest but substantially congruent.
Id. at whatever; slip op. at 15.

Moreover, the Appellate Division had forgotten about the FDA. The fact of the Agency’s oversight was the key to both the New Jersey and the Michigan statute. Because of the FDA’s role in regulating drug manufacturers, New Jersey’s interest in doing the same through tort actions was correspondingly reduced:
The NJPLA impliedly accepts that the presumption of adequacy will not be rebutted in all cases. It accepts FDA regulation as sufficient, at least in part, to deter New Jersey pharmaceutical companies from manufacturing unsafe prescription drugs. . . . As this Court has stated, “absent deliberate concealment or nondisclosure of after-acquired knowledge of harmful effects, compliance with FDA standards should be virtually dispositive” of a failure-to-warn claim. Perez v. Wyeth Labs., Inc., 161 N.J. 1, 25 (1999). The Legislature also provides in the NJPLA that FDA approval of prescription drugs conclusively prohibits an award of punitive damages in products liability actions. This provision, along with the rebuttable-presumption. . .cede to FDA regulation some of this State's interest in policing local pharmaceutical manufacturers, thereby reducing New Jersey's interest in applying its law to this case.

Id. at whatever (emphasis added); slip op. at 14-15.

Why are we rejoicing? Isn’t this really an abjectly self evident result? One would hope so, but unfortunately this isn’t the only time the Appellate Division has endeavored to apply New Jersey law to this sort of claim. In fact, it had gone so far as to apply New Jersey law nationwide. In International Union of Operating Engineers Local #68 Welfare Fund v. Merck & Co., 894 A.2d 1136, 1151 (N.J. Super. A.D.), certification granted, 902 A.2d 1232 (N.J. 2006), the same court went so far as to apply the New Jersey consumer fraud statute to a nationwide class action – citing its prior decision in Rowe as precedent. The result in that case was that persons who purchased prescription drugs in states that did not even allow private enforcement of consumer fraud statutes were granted leave to seek mandatory treble damages under the New Jersey statute, even though their purchase had nothing whatever to do with New Jersey. Hello, North Carolina!

Hello, New Jersey Supreme Court! We’re of the opinion that the handwriting’s probably on the wall for that one.

We can only hope that the Court’s definitive ruling has put an end to such daft conflict of laws reasoning once and for all – at least for the FDA-regulated manufacturers we defend.

Wednesday, March 28, 2007

Index of Posts (Updated Weekly)

We've had a couple of complaints that it's hard to locate on this blog old posts that contain information of interest. (One of those complaints was Beck complaining to Herrmann; the other was Herrmann complaining to Beck.)

To make things easier, here's an index of all of our posts to date, with hyperlinks to the indexed materials:

Scorecard: Non-Manufacturer, Name-Brand Defendants in Generic Drug Cases (11/12/09)

Actimmune Suit Gutted (11/11/09)

More MDL Panel Empirics (11/10/09)

A Safe Harbor In Arkansas (11/09/09)

Conte's First Anniversary (11/09/09)

On Punitive Damages (11/05/09)

Erichson On "All-Or-Nothing" Settlements (11/05/09)

Poison Pill In Healthcare Bill (11/03/09)

Cleaning Up The Accutane MDL IBD Cases (11/03/09)

Three Things Around The Web (11/02/09)

More On Mousepads (11/02/09)

Shook Hardy's Asleep At The Wheel (11/02/09)

Friday Frivolity (10/30/09)

Two Items On The Web Worth Reading (10/30/09)

Three At Last, Three At Last! (10/30/09)

Sprint Fidelis - It's Not Just Preemption (10/29/09

Witnesses At Today's Iqbal/Twombly Hearing (10/27/09)

Accutane Plaintiff's Verdict Reversed (10/27/09)

The NuvaRing Master Complaint Vanishes (10/27/09)

Why Drug Companies Should Beware Of Doing Business In West Virginia (10/26/09)

Sprint Fidelis - Strike Two (State Court Dismissal) (10/23/09)

House Judiciary Hearing On Iqbal (10/23/09)

Discount for MDL/Mini-MDL Webinar (10/23/09)

Latest On Twombly/Iqbal (10/22/09)

Questionable Plaintiff Tactics Hammered In Florida (10/22/09)

An Appellate No-No (10/21/09)

Massachusetts Sort Of Recognizes Medical Monitoring (10/20/09)

Nibble & Kuhn, Attorneys At Law (10/20/09)

Wrighting A Wrong (10/19/09)

Alabama Supreme Court Rejects Medicaid Pricing Claims (10/16/09)

Cy Pres? No Way! (10/15/09)

Interesting U.S. Supreme Court Dictum (10/14/09)

Sorting Through The Free Speech Challenges To The FDA (10/13/09)

Vaccine Preemption Update: Grant Of Cert Likely (10/12/09)

The Twombly Of Scholarship (10/12/09)

Off-Label Promotion - Scratch One Flat Suit (10/09/09)

Off-Label Use - The Times They Are A Changin' (10/08/09)

Correction To Guest Post "Counting To Seven" (10/07/09)

Third Circuit Speaks On When An MDL Court Can Be Second-Guessed After Remand (10/07/09)

Yeah, Yeah - We Know (10/07/09)

Why Subverting Court Orders Is A Bad Idea (10/06/09)

Counting To Seven: New Federal Rules Change How Due Dates In Litigation Are Calculated (10/05/09)

Allergan's Free Speech Attack On FDA Regulations (10/03/09)

Okay - Everybody Update Your Briefs (10/02/09)

Removal Round Up (10/01/09)

Another Third-Party Payor Class Action Bites The Dust (10/01/09)

TortsProf Mondays (9/30/09)

A Detour To Pottawattamie County, Iowa (9/29/09)

Muddled Testimony Precludes Class Action (9/29/09)

More On Moving To Dismiss MDL Master Complaints (9/28/09)

Upcoming Speaking Engagements (9/25/09)

Total Recall (9/24/09)

New Article On Free Speech And FDA "Intended Use" Regulations (9/23/09)

1000 Posts! (9/22/09)

Odd Evidentiary Ruling In Philadelphia Paxil Trial (9/21/09)

Recent Scholarship Roundup (9/21/09)

Get 40% Off - Bexis' Book On Drug/Device Product Liability (9/18/09)

NYT On Accusations Of Ghostwriting (9/18/09)

Limits To Duty (9/17/09)

Better Late Than Never? (9/16/09)

Something Old, Something New: Recent Trials (9/16/09)

Maybe Baying At The Moon Helps (Part II) (9/15/09)

An Odd Device Preemption Tangent (9/15/09)

A Half Pint, After All (Kovach v. Caligor Midwest) (9/14/09)

The "Bisphenol A" Provision Of The Food Safety Enhancement Act of 2009 (9/14/09)

Bexis' In Box (2009 Edition)

Discount For ACI Drug And Medical Device Conference in NYC (9/10/09)

Guidance On MDL Choice Of Law (9/08/09)

A Rat In The House . . . (Foolish Friday II) (9/04/09)

Today's Minnesota Supreme Court Decision In Fleeger -- Minnesota Is Still The Ellis Island For Old, Tired Products Liability Suits. . . But Not Forever (9/03/09)

Embedded Fraud On The FDA (9/03/09)

Fleeger Will Be Handed Down On Thursday (9/01/09)

Empirics About MDL Panel Decision-Making (9/01/09)

Pre-Service Removal, Yet Again (8/31/09)

Hot Off The Presses - Statute Of Repose Defense Win In Fen-Phen Appeal (8/28/09)

Wordless As The Flight Of Birds (8/28/09)

A Rat In The House. . . (Foolish Friday) (8/28/09)

Bausch & Lomb MoistureLoc MDL Daubert Ruling (8/27/09)

Rule 11 Discovery Allowed In Digitek MDL (8/27/09)


From Zyprexa To Aredia - Summary Judgment And Case Selection (8/27/09)

Health Care (And Tort) Reform (8/26/09)

Reaction To "The Life Expectancy Of A Legal Blog" (8/26/09)

Treating Physicians As Experts (8/25/09)

A RECAP Recap (9/24/09)

The Life Expectancy Of A Legal Blog (8/24/09)

Viagra Causation Goes Limp (8/21/09)

Reconsidering The Master Complaint (8/20/09)

Off-Label Promotion Criminal Trial Begins (8/20/09)

"Litigation Hold" Blog (8/19/09)

Another Scholarship Round-Up (8/18/09)

PACER Has Been Hacked (8/17/09)

Moving To Dismiss MDL Master Complaints (8/17/09)

FDA's CDER Handbook - Undergoing Revision (8/14/09)

Twombly/Iqbal Requires Identifying Allegedly Violated Statute (8/14/09)

Jersey Barrier Still Stands (8/14/09)

Defense Briefs Filed In Pennsylvania Contingency Prosecution Case (8/13/09)

New Stuff Filed Under "A" (Accutane and Acetabular Hip) (8/12/09)

Epstein On Preemption In Forbes (8/11/09)

D. Utah Goes 1-1-1 (Lake-Allen v. J&J) (8/11/09)

New News On Iqbal (8/10/09)

Scientific Articles As First Amendment Protected Speech (8/07/09)

MDL Panel's "Guide for MDL Transferee Judges" (8/07/09)

FJC On MDL (8/07/09)

Twombly/Iqbal And Product Liability, How Much Progress Is There? (8/06/09)

Preemption In The Washington Post (8/06/09)

Read The Blog, Luke! (8/04/09)

Preemption in the In Box (8/03/09)

Iqbal Saves Some Dough (8/03/09)

Compounding, Repackaging, or Manufacturing? (7/31/09)

Riegel At 1 1/2: What Do We Know Now About Parallel Violation Claims? (7/30/09)

Does Neurontin Make You Scratch Your Head? (7/30/09)

Beck and Herrmann: Settlement Gurus! (7/28/09)

Removal Based On Misjoinder Of A Treating Physician (7/27/09)

Rimbert - What Goes Around, Comes Around (7/25/09)

Friday Frivolity - Are We All Excommunicated? (7/24/09)

Iqbal And Rule 8: Will Congress Turn Back The Clock? (7/23/09)

Vague Pleading Barred Under Iqbal And/Or Twombly? (7/23/09)

New York Times On Iqbal (7/21/09)

A Trot Through Some Recent Scholarship (7/21/09)

Seroquel Expert Non-Causation Order (7/20/09)

Dr. Strangelove Redux (7/20/09)

Going Our Way? Class Actions, Punitive Damages & Due Process (7/17/09)

Contact Lens Solution - Frye Exclusion (7/16/09)

Wisconsin High Court - Inherent Chemical Characteristics Can't Be Design Defects (7/15/09)

Fraudulent Joinder Of Sales Representatives (7/14/09)

Yet Another Off-Label Promotion Class Action Dismissed (7/14/09)

Disqualifying An Opposing Expert (7/13/09)

ADE Reports: Redaction Required (7/10/09)

Taking Stock (7/09/09)

Blogging About Blogging (7/08/09)

What's Up With Colacicco? (7/07/09)

Daubert Gives Plaintiffs A Pain In The Pump (7/07/09)

More On Big Firm Blogging (7/06/09)

Whither The Heeding Presumption? (7/02/09)

Device Preemption Win In Louisiana (7/02/09)

An Avandia Removal Spat (6/30/09)

Another Severance Of Med Mal Claims To Preserve Diversity As To Products Defendants (6/29/09)

Wham, Bam; Thank You, Kamm! (6/29/09)

WSJ On Twombly And Iqbal (6/27/09)

Cost Of Litigation Drives Accutane Off The Market (6/26/09)

Scratch Three More Zyprexa Plaintiffs (6/26/09)

Some Thoughts On Pleading And Proving FDA Actions (6/25/09)

Strike Three; You're Out! (6/25/09)

The State Of The Big Firm Blogosphere (6/24/09)

Going After Anyone In The Neighborhood (Adelmann-Chester v. Kent) (6/23/09)

Daubert In A Med Mal Context (6/22/09)

Addendum To Yesterday's Off-Label Use Post (6/19/09)

Our Latest Rant On Off Label Promotion (6/18/09)

Pennsylvania News Flash: Bugosh Appeal Dismissed (6/17/09)

The Volokh Conspiracy On Our Ethics Question (6/16/09)

Calling For The Views Of The Solicitor General (6/16/09)

Taking A Run At Things (6/16/09)

Blast From The Past - A Baycol Affirmance (6/15/09)

Physician Confusion: Do Physicians "Sell" Prescription Drugs? (6/15/09)

An Accutane Appellate Win (6/11/09)

The Learned Intermediary Rule And Expert Witnesses (6/11/09)

Sharkey On "Agency-Forcing" Measures (6/09/09)

Free Webcast On Comparative Effectiveness (6/09/09)

Supreme Court Tantalizes On Vaccine Preemption (6/08/09)

On Weinstein's Reflections On Administering Complex Litigation (6/08/09)

More Boring Stuff We Need To Know (6/05/09)

Liberal/Conservative Supreme Court Graphic (6/05/09)

More On Pleading In The Wake Of Twombly And Iqbal (6/04/09)

MoistureLoc Daubert Hearing (6/03/09)

Weinstein Grants Two Motions For Summary Judgment In Zyprexa (6/02/09)

The Reviewability Of Remand Orders (6/02/09)

Severing Med Mal Claims To Perfect Federal Jurisdiction (6/01/09)

Welcome, New Readers From Academia! (5/29/09)

Tort Reform In Oklahoma And Ysbrand (5/29/09)

In Praise Of "Short And Plain" Pleadings After Twombly And Iqbal (5/28/09)

A Suggestion For Medical Malpractice Insurers (5/27/09)

On Iqbal and Twombly (5/26/09)

Defendants Aren't Plaintiffs' Bagmen (5/22/09)

ALI's Principles Of The Law Of Aggregate Litigation Now Final - Sort Of (5/21/09)

Administration Takes Preemptive Action (5/21/09)

Preemption Conference in Philadelphia June 3, 2009 (5/19/09)

Off-Label Promotion And RICO (Actimmune) (5/19/09)

On Ex Parte Blogging (5/18/09)

Update On NY Learned Intermediary Bill (5/15/09)

Neurontin Class Certification Denied - Again (5/15/09)

Sprint Fidelis FOIA Spat (5/15/09)

A Device Preemption Quickie -- Heisner v. Genzyme (5/14/09)

Weinstein Grants Daubert Motion in Zyprexa MDL (5/13/09)

Hearings On The Medical Device Safety Act of 2009 (5/13/09)

Finalizing ALI's Principles Of The Law Of Aggregate Litigation (5/12/09)

Pre-Service Removals: They Keep On Coming (5/11/09)

Vioxx Class Action Goes Down to Defeat in California (5/09/09)

Product Liability-Related Medicare Secondary Payor Reporting Delayed (5/08/09)

Strike Suit Strikes Out (5/08/09)

Differential Diagnosis - Sometimes Best Isn't So Good (5/07/09)

Device Preemption Win In Connecticut (5/07/09)

Pennsylvania Employee Benefit v. Zeneca Remanded to District Court (5/05/09)

Sole Proximate Cause Clarity (5/05/09)

The Personal Genome (5/04/09)

Boring Stuff We Need To Know (4/30/09)

Colacicco Decision On Remand! (4/28/09)

Solicitor General's Letter In Colacicco On Remand (4/28/09)

REMS Preemption (4/28/09)

On Lexecon Waivers (4/27/09)

Change Coming To Pennsylvania? (4/22/09)

Suing Business Entrepreneurs For Fraudulently Inducing Medical Treatment (4/21/09)

Off-Label Use And Medical Malpractice (4/20/09)

From 510(k) To PMA (4/20/09)

Words We Never Thought We'd Write: "Must Watch YouTube" (4/18/09)

Preemption 2.0 - 2.0 (4/17/09)

Preemption 2.0 (4/17/09)

Medical Monitoring - Another 50-State Survey (4/15/09)

On The "Custom Device" Exemption (4/14/09)

Don't Mess With Bexis! (4/13/09)

NYU Preemption Symposium Available Online (4/13/09)

Non-Prescribed Plaintiffs, In Pari Delicto, And Duty (4/09/09)

The Web On Wyeth v. Levine (4/07/09)

FAS 5 Update: Report On FASB Roundtable (4/07/09)

Another Levine Client Alert (4/06/09)

Civilization Comes To Canada! (Merck v. Wuttunee) (4/06/09)

Protection Of Customer Lists in Discovery (4/02/09)

Ebel - Affirmed (3/31/09)

Another Look At Some Recent Scholarship (3/31/09)

Tuna That Tastes Good: Tri-Union Seafoods (3/30/09)

Vaccine Act Preemption Affirmed in Bruesewitz (3/27/09)

"Fun" Friday: Academic Earth (3/27/09)

New Drug/Vaccine Preemption Scorecard (3/26/09)

Colacicco Briefing Slightly Postponed (3/25/09)

Calabresi On Preemption (3/24/09)

Colacicco Update - Briefs due 4/1 (3/23/09)

Riegel Redux: Delaney v. Stryker Finds PMA Preemption (3/23/09)

Preemption Still Be-Longs After Levine (3/22/09)

The State-Of-The Art Defense In Drug/Device Cases After Levine (3/20/09)

NJ Vioxx Class Certification Denial (3/18/09)

Class Action Articles Posted To SSRN (3/18/09)

Generic Drugs Meet Levine (3/17/09)

A Riegel Wrinkle: "Adjunct Clinical Trial" Preemption (3/17/09)

Your Humble Scribes On Levine In BNA Product Safety Reporter (3/16/09)

Accutane: McCarrell Remanded For New Trial (3/13/09)

How The Chief Resolved The Recusal Issue (3/13/09)

Everyone's Talking About Levine (3/13/09)

Device Preemption Bookends (3/12/09)

Updates: Sprint Fidelis and Seroquel MDLs (3/12/09)

Herrmann on Levine in Chicago Tribune (3/12/09)

Reaction to Wyeth v. Levine (3/10/09)

Colacicco and Pennsylvania Employees Benefit Trust Fund GVR'ed (3/9/09)

Should Congress Distinguish Between Drugs and Devices? (3/9/09)

Dechert Client Alert on Wyeth v. Levine (3/6/09)

Medical Device Safety Act of 2009 (3/5/09)

Wyeth v. Levine and the End of Deregulation (3/5/09)

Not Just Colacicco (3/5/09)

Press Coverage of Levine (3/5/09)

Colacicco Set For Friday, March 6, Conference (3/4/09)

Wyeth v. Levine - First Real Thoughts (3/4/09)

Wyeth v. Levine Decided - No Preemption (3/4/09)

Unrefundable (3/3/09)

Pre-Service Removal -- For The Umpteenth Time (3/3/09)

Product Liability Comes To Thailand - Drug/Device Implications (3/2/09)

Abdullah v. Pfizer and the Alien Tort Statute (3/2/09)

Subpoenaing the Enablers (2/27/09)

Class Actions and Punitive Damages - Unconstitutional Together (2/26/09)

Welcome, Lawyers Weekly Readers! (2/26/09)

Following Up On Our Conte Thought Experiment (2/25/09)

Trans-substantivism (2/24/09)

Discount For FDA Bootcamp (2/24/09)

A Thought Experiment On Conte v. Wyeth (2/23/09)

Medical Monitoring In The Air - The Guinan Parody (2/20/09)

Generic Drug Preemption - Reconsideration Denied in Morris (2/20/09)

FAS 5 Update: Roundtable Meeting On March 6 (2/19/09)

Upcoming Events Featuring . . . Us! (2/19/09)

Supplemental PMA = Preemption (2/18/09)

Appeal Allowed in De Bouse v. Bayer (2/17/09)

Good News On The Class Action Front (2/16/09)

We Finally Show Mixed Emotions: Banning DTC Ads For Two Years (2/16/09)

Recusal Follies (2/13/09)

Defeating FDCA-Based Negligence Per Se On State-Law Grounds (2/12/09)

Special Masters Reject Autism-Vaccine Link (2/12/09)

Giles, An SSRI-Suicide Defense Verdict, Affirmed (2/12/09)

Hither And Yon (2/11/09)

Waiting For Levine (2/10/09)

He Likes It -- We Think (2/10/09)

The Second Shoe Drops In Seroquel (2/09/09)

Bert Rein On The Politics Of Preemption (2/09/09)

Wyeth Letter To Supreme Court Re Pfizer Acquisition (2/06/09)

The New Voice In The Blogosphere (2/06/09)

No Injury Consumer Fraud Claims (2/05/09)

One Two Medical Device Punch (2/04/09)

Seroquel MDL Summary Judgment Order (2/03/09)

Seroquel MDL: Motions In Limine Granted (2/03/09)

Refunds And Ascertainable Loss (2/03/09)

The Procedural Effect of MDL Master Complaints (2/02/09)

Government By Contingent Fee In Pennsylvania (1/29/09)

Defense Wins Summary Judgment In First Seroquel Test Cases (1/29/09)

A Grace Note To Beisner And Miller (1/28/09)

The Ethics Of Genetic Research (1/27/09)

Ideas For Voir Dire (1/26/09)

Closing The Arguments On Conte (1/22/09)

Conte v. Wyeth: Review Denied (1/21/09)

Using The Internet To Improve Class Actions (1/21/09)

Welcome to the Blogosphere, Russell Jackson! (1/21/09)

How Much Should Judges Make? (1/20/09)

Wait! Blogging Works! (1/20/09)

The Role Of Inside Counsel In Deposition Preparation (1/19/09)

Second Circuit Agrees To Review Weinstein's Zyprexa Class Certification (1/16/09)

A Push Away From 510(k)? (1/16/09)

To Cert. Or Not To Cert. (1/16/09)

Thoughts On The New FDA Guidance On Off-Label Information (1/15/09)

A Quick Apology (1/15/09)

Welcome, . . . Blogosphere! (1/14/09)

Guest Post - In Defense Of Preemption & FDA Regulatory Authority (1/13/09)

The New Meaning of "Global Coordinating Counsel" (1/13/09)

S. Ct. Order List (1/12/09)

Blogging As A Business Development Tool (1/12/09)

What's Not Up With Off-Label Use Economic Loss Claims (1/08/09)

Lanier on Torts at Harvard (1/07/09)

Pseudophedrine Nuisance Claims Rejected (1/06/09)

Judicial Wisdom (1/06/09)

Sprint Fidelis Preemption Decision - Yessssss (1/06/09)

Oy, Canada! (1/05/09)

Happy New Year on the Class Action Front (12/31/08)

Top Ten Best And Worst Prescription Drug/Medical Device Decisions of 2008 - The Best (12/30/08)

Regulatory Preemption - Class II Devices and Special Controls (12/29/08)

Polar Bears Nudge The MDL Panel In A Helpful Direction (12/29/08)

Supreme Court Conference 1/9/09 (12/23/08)

Off-Label Promotion MDL Dismissed Under FDCA (12/23/08)

Top Ten Best And Worst Prescription Drug/Medical Device Decisions of 2008 - The Worst (12/23/08)

A Gripe With A Piece of Scientific Literature (12/22/08)

Preemption and Investigational Devices After Riegel (12/19/08)

Bong Water Blues (12/19/08)

Informal Physician Interviews - Where It's Kosher; Where It's Not (12/18/08)

Gunvalson v. PTC Thereapeutics: Injunction Reversed (12/16/08)

New York, New York (Reprise) (12/16/08)

Amending FAS 5 -- An Update (12/16/08)

Blog Honors (12/16/08)

On Communicating By E-Mail (12/16/08)

What Does Good Say For Levine? (12/15/08)

Altria v. Good Decided (12/15/08)

A Look At Some Recent Scholarship (12/15/08)

DoJ/FDA Take Positions On Section 337(a), "Parallel" Requirements Litigation (12/11/08)

Implied Attorney-Client Privilege Waivers: Hearn Gets Burned (12/09/08)

Avoiding Mass Torts: Pre-Litigation Counseling (12/08/08)


Irrelevance of Pending Legislation (12/05/08)

Umm . . . What He Said (12/04/08)

Defendants Oppose Certiorari in Colacicco (12/03/08)

Gunvalson v. PTC Argument Date (12/03/08)

Another Milestone: 150 Countries! (12/03/08)

DRI Drug/Device Webinar (12/02/08)

The Biomaterials Access Assurance Act of 1998 (12/02/08)

We're In The ABA Journal Blawg 100! (12/01/08)

Not Quite Buckman Preemption (Devore v. Pfizer) (12/01/08)

Happy Preemption Thanksgiving (11/27/08)

Preemption Without A Prescription (11/25/08)

Tennessee Rejects Consumer Fraud Class Actions (Walker v. Sunrise Pontiac) (11/24/08)

How To Prepare Motions In Limine (11/20/08)

Richard Epstein In Forbes On Wyeth v. Levine (11/18/08)

Using Biomarkers To Foment, Or Resolve, Litigation (11/18/08)

Another Buckman Preemption Case (Grange v. Mylan) (11/17/08)

More On E-Discovery For Defendants (11/14/08)

Pardon Our Appearance. . . . (11/14/08)

More Thoughts On Conte v. Wyeth (11/13/08)

Hats Off To "Above The Law" (11/13/08)

Three News Items For Our Friends (11/12/08)

We're On Twitter! (11/12/08)

Michael Hausfeld "Expelled" From Cohen Milstein (11/11/08)

A Class Action Settlement Rant (TJX Security Breach Litigation) (11/11/08)

If Not Reliance, Then Remoteness (11/10/08)

He Who Fights And Runs Away . . . (11/10/08)

Generic Drug - Pioneer Liability (11/07/08)

It's Better To Be Lucky Than Good (11/07/08)

Our Own Analysis Of The Wyeth v. Levine Oral Argument (11/06/08)

Reading Tea Leaves: Obama's Appointments At FDA (11/06/08)

Addendum To Report From The Field On Levine Argument (11/05/08)

Welcome, California Lawyer Readers! (11/05/08)

Press Coverage Of The Levine Argument (11/04/08)

A Curmudgeonly Interview (11/04/08)

Transcript Of Levine Argument (11/03/08)

Other Reports On The Levine Argument (11/03/08)

Wyeth v. Levine: Our Reporter From The Field (11/03/08)

The Levine Argument: More Early Returns (11/03/08)

Wyeth v. Levine Argument - Early Returns (11/03/08)

Welcome To The Blogosphere, DRI! (11/03/08)

Carve Your On-Line Pumpkin (10/31/08)

A Humble Scribe On CNBC (10/31/08)

Wyeth Letter To Supreme Court re Waxman Report (10/31/08)

Our Kingdom For A Post (On The Levine Argument) (10/31/08)

Interlocutory Appeal Granted In Knipe (10/31/08)

A Halloween Special: Bodysnatchers! And Jujyfruits! (10/31/08)

Cong. Waxman Positions For The Levine Argument (10/30/08)

Our Terrible Twos! (10/30/08)

Everything You Need To Know About Wyeth v. Levine, From A Defense Perspective (10/29/08)

Welcome, ABA Journal Readers! (10/28/08)

Learned Intermediary Doctrine In Puerto Rico (10/28/08)

Does Tort Litigation Improve Drug Safety? (10/27/08)

Federal Circuit Upholds "Reverse Payment" Patent Settlements (10/24/08)

An ER Doc's Take On Preemption (10/24/08)


Interesting New PMA Device Preemption Case (10/24/08)

Partial SJ In One Of The "Bodysnatcher" Cases (10/23/08)

Sleeper Case, Sleeper Issue (10/23/08)

Kotler's Alternative To Standard Preemption Analysis (10/23/08)

National Politics And Product Liability Settlements (10/22/08)

Obama Wins! (10/21/08)

Preemption In The Context Of Off-Label Uses (10/20/08)

Nailing Jell-O To A Wall (10/17/08)

Baron Receives Tysabri (10/17/08)

Bextra and Celebrex Cases Settled (10/17/08)

Fred Baron and Compassionate Use (10/16/08)

Off-Label Use - Yet Again (10/15/08)

The End Of Securities Fraud Class Actions, Part II (10/15/08)

A Final MDL Timing Issue (10/15/08)

Friend Of The Court Briefs in Gunvalson v. PTC (10/14/08)

Cert. Granted in McDarby (10/13/08)

The Brokers With Hands On Their Faces Blog (10/13/08)

Troy and Wood on Preemption (10/13/08)

Preemption Smackdown in DC - 10/29/08 (10/10/08)

Principles Of Aggravated. . . Er. . .Aggregated Litigation (10/09/08)

Updates (10/08/08)

Sebok & Zipursky on Preemption, Part II (10/08/08)

Colacicco Cert Petition Filed (10/08/08)

Welcome, ReachMD Listeners (10/08/08)

Salmon Swim To The Solicitor General (10/07/08)

Genetic Damage As Compensable Injury (10/07/08)

In The Deserts Of New Mexico (10/06/08)

Why You Need To Bookmark Point of Law (10/03/08)

Learned Intermediary Rule 201 (10/02/08)

Another Off-Topic Post: En Banc Permitted in Ohio (10/02/08)

The End Of Securities Fraud Class Actions? (10/02/08)

The Vioxx ADVANTAGE Trial (10/01/08)

A Note On Ackermann v. Wyeth, Learned Intermediaries, and the Heeding Presumption (9/30/08)


Interesting Stuff On The Web (9/29/08)

Living On The Point Of The Spear (9/25/08)

More On New FRE 502 (9/25/08)

Gunvalson v. PTC Update (9/24/08)

Sebok on Wyeth v. Levine (9/24/08)

We're Depressed: Johnson v. GlaxoSmithKline (9/24/08)

New Federal Rule of Evidence 502 - A Modest Improvement? (9/23/08)

A Multidistrict Litigation Compendium (9/22/08)

Defense Amici - One Stop Shopping (9/18/08)

Defense Reply Brief in Levine (9/16/08)

We're Duty-Bound To Post (Pre-Service Removal) (9/16/08)

We're Not Heartless, Jeremy! (9/15/08)

Is The FDA Really So Weak? (9/15/08)

Holding The Line On The Duty To Warn (9/11/08)

To Arms! (9/11/08)

Okay, We'll Play: 5 Blogs and 5 Blawgers. (9/10/08)

More Upcoming Talks (9/10/08)

How Long Does the MDL Process Take? (9/09/08)

Exciting Drug and Device TV (9/08/08)

Potential Uses of Genetic Evidence to Prove Causation and Exposure in Toxic Tort Litigation (9/08/08)

Zyprexa Third Party Payor Class Certified (9/05/08)

Preemption And Guerilla Warfare (9/04/08)

We Never Get Bored: More On Pre-Service Removals (9/03/08)

The Multidistrict Litigation Process (9/02/08)

Friday Fun (8/29/08)

Manufacturer Ordered To Provide Experimental Drug (8/28/08)

Accutane Affirmed (8/27/08)

Issue Preclusion in Mass Torts (8/27/08)

Brickman on "Litigation Screenings in Mass Torts" (8/27/08)

Exploring The New CBE Rule (8/25/08)

The New CBE Rule Is Final (8/22/08)

"The Case For Field Preemption of State Laws in Drug Cases" (8/22/08)

(New) Medical Device Preemption Scorecard (8/21/08)

Chicken Of The Sea is Sunk (8/20/08)

Random Thoughts on Randomness (8/20/08)

The MDL Panel Plays It By The Book In Denying Plaintiffs' Motion To Centralize The Shoulder Pain Pump Litigation (8/19/08)

Accutane Appeal (8/19/08

Medtronic Defibrillator Preemption Win (8/18/08)

Yet More on Pre-Service Removals (8/18/08)

Consenting to Removal (8/18/08)

Tulane Law Review MDL Symposium Issue (8/16/08)

Even More Flattered! (8/16/08)

We're So Flattered! (But We Flatter Easily) (8/15/08)

Our Other Recreational Writing (8/15/08)

Riegel At (Almost) Six Months (8/14/08)

Today's WSJ on Wyeth v. Levine (8/13/08)

After Twenty Years (8/13/08)

Thoughts About The Massachusetts Marketing Law (8/13/08)

The Other Shoe Drops (8/12/08)

Pining For Lone Pine (8/11/08)

The Effect of the Proposed Amendment to FAS 5 on Mass Torts (8/08/08)

Cross-Jurisdictional Class Action Tolling Scorecard (8/07/08)

A News Roundup (8/07/08)

Put Our Service To The Test (8/07/08)

Will Congress Overrule Riegel? (8/06/08)


Why You Should Always Plead And Prove Preemption (8/6/08)

Medical Monitoring Limited in Missouri (8/05/08)

Lone Pine Order in Celebrex MDL (8/05/08)

Welcome To The Blogosphere, Reed Smith! (8/05/08)

Stop Us If You've Heard This Story Before (More On Pre-Service Removals) (8/04/08)

PMA Preemption Reaches Negligent Training Claims (8/01/08)

Tuckered Out (7/31/08)

Is That A Half Pint Or A Half Gallon? (7/30/08)

A Public Service Announcement (7/29/08)

A Texas 82.007 Preemption Win (7/29/08)

Colacicco Update (7/29/08)

Levine Oral Argument (7/28/08)

Mirapex Bellwether Trials Begin (7/28/08)

Do Bad Things Come In Threes? (Masquat v. DaimlerChrysler) (7/28/08)

New PhRMA Voluntary Guidelines - Will No Good Deed Go Unpunished? (7/24/08)

Review Granted in County of Santa Clara v. Superior Court (Atlantic Richfield Co.) (7/24/08)

Nice Daubert Ruling Out Of The E.D. Pa. (7/23/08)

Levine Briefing Schedule (7/22/08)

Sharkey's "Colloquy" On Riegel Online At Northwestern (7/21/08)

Riegel Toothpaste (Adkins v. Cytyc) (7/21/08)

Ideas, Random Thoughts and Musings from ACI Preemption Conference (7/17/08)

Reverse Parlay (7/17/08)

Extra! Extra! Read all about it! (7/16/08)

What Are The Drug And Device Mass Torts? (7/16/08)

Are You "Less Protected" When Using An Overseas Litigation Vendor? (7/15/08)

The First of Many: A "Parallel Requirements" Case (7/14/08)


We Can't Resist: McCain Can't Be President? (7/11/08)

Welcome Good News On The HRT Front (7/11/08)

An Update On Epilepsy And Suicidality (7/11/08)

We're Off To Philadelphia (7/11/08)

Headcount II: The Learned Intermediary Rule And Medical Devices (7/10/08)

HRT Punitive Damages Reversed - S. Parisian Testimony Inadmissible (7/09/08)

No, Bu shi, Non, lie, Nada, Nyet. . . . (7/09/08)

A Bridge To Zyprexa (7/09/08)

Schocking Ruling From The Seventh Circuit: "Less" Doesn't Mean "More" (7/08/08)

We're The Pennsylvania Star! (7/07/08)

FDA Proposes Black Box Suicidality Warning On Epilepsy Drugs (7/07/08)

Affirmative Defenses In Pharmaceutical Product Liability Cases (7/07/08)

No Injury Scorecard (7/03/08)

NEJM Editorial on Preemption (7/03/08)

Strike Two? (7/02/08)

4th OF JULY FIREWORKS - Big Defense Win in RI Lead Paint Nuisance Case (7/01/08)

Rhode Island Lead Paint Decision (7/01/08)

An Arkansan Atrocity (General Motors v. Bryant) (7/01/08)

Expert Opinions on Legal Issues Excluded (6/30/08)

Guest Post - Using Twombly To Fight Fraudulent Joinder (6/27/08)

More Thoughts About "Parallel" Requirements Claims and Preemption (6/26/08)

Exxon Valdez Punitive Damages Award Vacated by Supreme Court (6/25/08)

More On Taxation of Confidentiality Agreements (6/25/08)

What Do You Know? Many 9/11 Workers Not Sick (6/25/08)

Taxation of Confidentiality Provisions (6/25/08)

Dog Bites Man in Connecticut (Breen v Synthes) (6/24/08)

From The Mouth of Plaintiffs' Counsel. . .(6/23/08)

Redish on qui tam (6/20/08)

Why Can't We Be Friends? (Gaeta v. Perrigo Pharma) (6/15/08)

Of Pre-Service Removals, Yet Again (6/16/08)

Upcoming Panel on Legal Blogging (6/16/08)

Seen on. . . (6/16/08)

Will Technology Increasingly Favor Plaintiffs? (6/17/08)

Can We Type These Words? Generics Are On A Roll! (6/17/08)

A Helpful Decision on Protective Orders (6/18/08)

User's Guide To Defense Amicus Briefs - Wyeth v. Levine, Part II (6/19/08)

Epilepsy drugs and suicidality (6/13/08)

Taylor v. Sturgell (on virtual representation) decided (6/13/08)

The ebb and flow of the law - New Jersey edition (6/13/08)

Scratching our heads about Ledbetter v. Merck (6/12/08)

Ledbetter v. Merck: Appeal dismissed (6/11/08)

Teamsters vs. plaintiffs' lawyers re Vioxx (6/11/08)

Why Congress has left Lexecon alone (6/10/08)

Supreme Court news (6/9/08)

On the MDL Panel and transparency (6/9/08)

Users' guide to defense amicus briefs - Wyeth v. Levine (6/5/08)

Government retention of contingent fee lawyers (6/5/08)

First thoughts on Sinclair v. Merck (6/4/08)

Vioxx - the hits keep on coming (6/4/08)

The Texas twins (Garza and Ernst) (6/3/08)

A reaction to McDarby (6/2/08)

A bad idea whose time has passed (5/30/08)

FDA proposed pregnancy/lactation rule discusses preemption (5/30/08)

First impressions of the defense position - Wyeth v. Levine (5/29/08)

More breaking Vioxx news - Ernst Vioxx verdict reversed (5/29/08)

Cona/McDarby - split Vioxx appellate decision (5/29/08)

Curmudgeon to Lawyer2Lawyer (5/28/08)

Small, but nice (5/28/08)

Wyeth's Principal Brief in Levine filed (5/28/08)

A race in which we have no horse (5/27/08)

Reasonable degree of certainty - Pennsylvania stands firm (5/23/08)

Twombly comes to our neighborhood (5/22/08)

CAFA intrigue (Pew v. Cardarelli) (5/21/08)

The limits of MDL common benefit funds (5/19/08)

500 posts! (5/16/08)

Oh, to be known by the company you keep! (5/16/08)

Off-label use - is the FDA missing an opportunity? (5/15/08)

Coverage of yesterday's preemption hearing (5/15/08)

Huge Texas Vioxx verdict reversed (5/14/08)

Video of today's preemption hearing in Congress (5/14/08)

Congressional hearing on drug and device preemption (5/13/08)

The Pythagorean integrity of the law (5/13/08)

The profs have it! (5/12/08)

AEI program on off-label use (5/9/08)

Warning causation - greatest hits (5/8/08)

So big and yet so small (5/7/08)

So little time, so much to blog! (Negrete v. Allianz) (5/6/08)

What's new on Alltop? Us! (5/6/08)

Rehearing denied in Colacicco (5/5/08)

If I could put fish in a barrel (5/5/08)

Welcome Law.com readers! (5/2/08)

New decisions raise old issues (5/1/08)

Welcome American Lawyer readers! (5/1/08)

Common ground with the plaintiffs' bar! (5/1/08)

He's no Grippando, but . . . (4/30/08)

Learned intermediary bill in California (4/30/08)

MDL transfer after Section 1404 denial? (4/30/08)

A far cry from drugs and devices (4/29/08)

Slow boats from Europe (4/28/08)

Colacicco rehearing petition filed (4/24/08)

Ackermann: Affirmed on learned intermediary grounds (4/24/08)

CPSC preemption (Bic Pen v. Carter) (4/24/08)

A thought on standard of review (4/23/08)

Seidel subpoena (vaccine-autism blog) quashed (4/22/08)

Hear, hear, Public Citizen! (4/21/08)

The future is now (4/21/08)

Colacicco and judicial notice (4/17/08)

Taylor v. Sturgell and virtual representation (4/17/08)

Michigan Law Review book review issue (4/16/08)

The FJC's latest report on CAFA - The trends continue (4/16/08)

Overseas class actions come of age (4/15/08)

We're actually worth something to you! (4/15/08)

Rehearing granted in Despain (4/14/08)

St. Jude is heavenly (4/14/08)

Schwab affects pharma (4/12/08)

They write, but can they speak? (4/11/08)

Delving into Colacicco (4/10/08)

The composition of the Third Circuit (4/9/08)

Class cert reversed again in St. Jude Medical (4/9/08)

Easy cases make good law (4/9/08)

Preemption affirmed in Colacicco (4/8/08)

All the news that's fit to link (4/6/08)

The unfairness of consolidated trials (4/4/08)

McLaughlin (Schwab) class action snuffed out (4/3/08)

The learned intermediary rule and warning causation (4/3/08)

A tactical thought about Clark (4/2/08)

"Anticipated Life" and the statute of repose (3/31/08)

Welcome . . . World! (3/30/08)

We like Sykes again (3/28/08)

Preemption wins again (3/27/08)

Adverse event reporting - by the numbers (3/27/08)

Alaska Zyprexa consumer litigation settles (3/26/08)

A few of our favorite posts (3/26/08)

Today's news (3/25/08)

Damned if you do . . . (3/24/08)

North to the future? (3/21/08)

Preemption in Philadelphia (3/20/08)

Taxation by litigation - A dubious proposal to expand False Claims Act liability (3/19/08)

Unequal minds think alike (Sharkey's model to understand preemption jurisprudence) (3/19/08)

A tea leaf for Levine (3/19/08)

Off-label promotion - an indictment (3/18/08)

Dukakis and Riegel (3/17/08)

Scruggs pleads guilty (3/14/08)

More on legal questions and FDA experts (3/14/08)

That didn't take long (3/14/08)

Riegel and "parallel" state law duties (3/12/08)

A simple twist of fate (Despain v. Bradburn) (3/11/08)

Loopholes in Riegel (3/9/08)

We grow too soon old and too late schmart (3/7/08)

California scheming (3/6/08)

There oughta be a law (an odd implication of Kent) (3/5/08)

Back to the trial courts (Ebel v. Eli Lilly) (3/4/08)

Sometimes "big law" values blogs (3/3/08)

First thoughts about Kent (3/3/08)

Kent affirmed by 4-4 tie (3/3/08)

A securities law aside (Guidant and Pfizer 10b-5 dismissals) (3/3/08)

Counting noses (predicting Kent) (3/2/08)

The value of blogging: We figured it out! (3/2/08)

Why are blogs undervalued? (2/29/08)

Pennsylvania product liability developments (2/28/08)

More on excluding FDA experts (2/28/08)

Developments in off-label promotion and the First Amendment (2/28/08)

Finding us on the web (2/28/08)

FDA e-mail alerts (2/27/08)

New Levine briefing schedule (2/27/08)

Nuisance litigation (2/26/08)

Henry Kissinger and Riegel (2/26/08)

Warner-Lambert v. Kent - transcript of oral argument (2/25/08)

Oral argument in Warner-Lambert v. Kent (2/25/08)

More from N'awlins (event jurisdiction) (2/24/08)

Welcome New York Times readers (2/22/08)

Random thoughts on comments we've received about Riegel (2/22/08)

Intrepid correspondent wanted (2/28/08)

Now who's quoting Reagan? (2/21/08)

Welcome, Bloomberg News readers! (2/21/08)

Much is given, much is expected (2/21/08)

Ginsberg's Riegel dissent: A hidden win for drug preemption? (2/20/08)

Welcome, Wall Street Journal Health Blog readers! (2/20/08)

More on Riegel (2/20/08)

Riegel decided -- a win for MDA preemption (2/20/08)

More from Tulane: Judge Jack on silicosis (2/19/08)

Federal jurisdiction over Attorney General cases (Zyprexa) (2/18/08)

A report from the Tulane MDL symposium (2/17/08)

Comment on e-discovery for defendants (2/15/08)

E-discovery for defendants (2/14/08)

The proposed ALI aggregate settlement rule (2/13/08)

In California, a four-letter word beginning with "F" (2/12/08)

More on aggregate litigation in the U.K. (2/12/08)

Neither drugs nor devices, happily (farm raised salmon) (2/11/08)

The Berenson Bears (2/11/08)

Class actions in Denmark (2/10/08)

The great suicide debate (suicidality in epilepsy trials) (2/10/08)

FDA takes strong stand against regulatory expert testimony (2/9/08)

Department of corrections (2/8/08)

Welcome, Philadelphia Inquirer readers! (2/7/08)

What happens if we win? - Violation claims (2/7/08)

It wasn't Pepper's fault! Berenson confirms (2/6/08)

Ouch! So that's how the NYT found out! (2/5/08)

SSRI medication guides (2/4/08)

CAFA's revolving door? (2/4/08)

Law firm blogging (2/4/08)

Contingent fee research (2/4/08)

YOUR FIRM LOGO HERE (2/1/08)

Levine to next term? (1/31/08)

Breaking news, just in (1/31/08)

Preemption, mass torts and representing our clients (1/31/08)

Fosamax as a mass tort (1/31/08)

Congratulations! You're our 100,000th customer! (1/30/08)

The more things change, the more they remain the same (1/30/08)

A thought on jury questionnaires (1/29/08)

First U.K. class action recovery (1/29/08)

The same old story, part II (1/28/08)

Written juror questionnaires in civil cases (1/28/08)

We should go into fortune telling (1/26/08)

More Zyprexa settlements (1/25/08)

Stop us if you've heard this one before (1/25/08)

Political backlash to the new CBE regulation (1/25/08)

Levine - assessing the playing field (1/25/08)

Antitrust objection to Vioxx settlement (1/23/08)

"Comments" are now unrestricted and unmoderated (1/23/08)

Tulane Law Review MDL symposium (1/22/08)

Minnesota - still on the road to recovery (1/22/08)

Upcoming Curmudgeon book talks (1/22/08)

Take our third thesis -- please! (1/21/08)

Collecting our thoughts on Wyeth v. Levine (1/18/08)

Levine cert. grant order (1/18/08)

FDA cubed it is (1/18/08)

One, two punch in California (1/18/08)

Forum non conveniens ruling in blood products (1/17/08)

Drug preemption victory in Dobbs (1/17/08)

Hello, Canada! (1/17/08)

Why fixing the FDA's CBE ("Changes Being Effected") regulation is a big deal (1/17/08)

FDA post-argument submission in Colacicco (1/15/08)

New FDA regulatory initiative would assist preemption (1/15/08)

Canadian medical monitoring (Peter v. Medtronic) (1/15/08)

Date for cert decision in Wyeth v. Levine (1/12/08)

Proving your own thesis ("blogging lessons learned") (1/12/08)

Medical device PMA preemption affirmed in California (1/11/08)

From Bexis' in box - Fosamax class action denial (1/11/08)

From Bexis' in box - medical monitoring (1/10/08)

From Bexis' in box - punitive damages (1/10/08)

First class action threatened in Italy (1/10/08)

Webcast of Vioxx settlement panel (1/9/08)

HRT JNOV explained (Simon v. Wyeth) (1/7/08)

A plague on you, New York Times! (1/6/08)

Welcome, National Law Journal Readers! (1/5/08)

Panel discussion of Vioxx settlement (1/5/08)

The big three defenses in drug product liability cases (1/4/08)

An idiot's guide to litigation (1/4/08)

Three docs oppose preemption: New England Journal of Medicine (1/3/08)

Welcome, Legal Marketing readers (1/3/08)

New Year’s resolutions for basic legal marketing (1/2/08)

Experts excluded in vaccine case (Blackwell v. Sigma Aldrich) (1/1/08)

Pharma stories of the year (12/31/07)

Arbino v. Johnson & Johnson: Ohio tort reform upheld (12/30/07)

TWO-OH (2.0) OR NOT TWO-OH: The proper role of statistical thresholds in toxic tort litigation (12/28/07)

Ohio Supreme Court upholds tort reform (12/27/07)

The best and worst of 2007: The best (12/27/07)

The best and worst of 2007: The worst (12/26/07)

Merry Xmas to pharma! SG's brief in Wyeth v. Levine (12/22/07)

Warner-Lambert v. Kent set for argument (12/21/07)

Proposed changes to Vioxx settlement (12/21/07)

The "rule of construction" -- clarifying or confounding the preemption debate about prescription drug warnings? (12/20/07)

ATRA's 2007 judicial hellholes (12/18/07)

Attorney to client communications (Nationwide v. Fleming) (12/18/07)

More on removing NJ cases before the NJ defendant is served (12/17/07)

Gottlieb on prosections for off-label promotion; Kessler woes (12/17/07)

Stray thoughts from the ACI conference (12/16/07)

Law And More: A keen eye for talent (12/14/07)

Guided tour of defense briefs in Warner-Lambert v. Kent (12/12/07)

An MDL surprise: The Engle Progeny order (12/12/07)

Minnesota -- not yet healed, and the implications for Vioxx (12/12/07)

Hormone replacement therapy news (12/11/07)

A new medical device blog (12/11/07)

Upcoming talks (12/10/07)

Colacicco: A report from the courtroom (12/10/07)

More on funding litigation in the U.K. (12/10/07)

Colacicco/McNellis argument: First report (12/10/07)

Gaming the "related case" rules (12/8/07)

The Supreme Court's preemption trilogy (12/8/07)

Preemption cross fertilization (12/6/07)

Ackermann appellate argument (12/5/07)

Riegel - our intrepid correspondent reports (12/5/07)

Riegel oral argument - draw your own conclusion (12/4/07)

Welcome, Bloomberg readers! (12/4/07)

New York, New York! (Arons allows ex parte interviews of treaters) (12/4/07)

Alcohol, Tobacco, and Firearms (assignments to Weinstein) (12/4/07)

Thomson v. Novartis fallout: Judge Higbee reacts (11/30/07)

More storm clouds from across the pond (11/30/07)

Sweet surrender, what a week! (11/30/07)

Recent FDA/Solicitor General preemption amicus filing - Riegel (11/29/07)

Latest FDA/Solicitor General preemption amicus filing - Kent (11/29/07)

We agree with a plaintiff's lawyer! (11/29/07)

Riegel SG/FDA amicus brief (11/28/07)

Thomson v. Novartis: More news to come (11/28/07)

SG briefs: Riegel and Kent (11/28/07)

An MDL argument cheat sheet (11/27/07)

How'd the world miss this? Thomson v. Novartis (11/25/07)

Gaming the Colacicco/McNellis panel (11/25/07)

So what happens if we lose? (11/21/07)

Colacicco/McNellis appellate panel (11/20/07)

Celebrex summarized (11/20/07)

Celebrate for Celebrex! (MDL Daubert ruling) (11/20/07)

Another MDL oddity (arguing without a client) (11/20/07)

Duh! Another Vioxx settlement thought (11/17/07)

Posting "comments" on this blog (11/16/07)

Stop calling! The ethics of the Vioxx settlement (11/16/07)

More on cross-jurisdictional class action tolling (11/15/07)

Daubert and class certification (11/13/07)

Thoughts on the Vioxx settlement (11/11/07)

Vioxx settlement (11/9/07)

Ruminations on Executive Orders and the Federal Register (11/8/07)

Product liability MDLs in 2007 (11/6/07)

Zandi -- or we might reconsider removal in Minnesota (11/5/07)

Probing Statprobe (11/4/07)

Guided tour of defense briefs in Riegel v. Medtronic (11/1/07)

Welcome, Pharmaceutical Executive readers! (11/1/07)

Scary issues for this Halloween (10/31/07)

Thanks for the memories! (10/30/07)

Happy birthday to us! (10/30/07)

A med mal tangent (Harris v. Mt. Sinai) (10/28/07)

Why mediation shows the future of litigation (10/26/07)

Fail to warn about anything -- liability for everything? (10/26/07)

Our first reader poll: Herrmann on tv (10/24/07)

Current issues in pharmaceutical litigation and policy (10/24/07)

Curmudgeon, meet Benjamin Franklin (10/24/07)

Another thought on Warner-Lambert v. Kent (10/23/07)

When litigation and science collide (Childs article) (10/20/07)

But it's our nights and weekends . . . (10/19/07)

The FDA's amicus curiae briefs on preemption - redux (10/18/07)

The 2007 FDCA amendments and preemption (10/18/07)

Litigation hold memos (10/16/07)

Warner-Lambert v. Kent and corporate headquarters (10/14/07)

Promoting diversity (10/12/07)

Curmudgeon book talks (10/12/07)

Scholarly work on bellwether trials (10/9/07)

"Coordinated" versus "consolidated" proceedings (10/9/07)

Thank you, blogosphere! (10/7/07)

In praise of ALI (10/7/07)

A reader's request for help (10/7/07)

Kaye Scholer ego-surfs (10/7/07)

Tort reform works in Texas (10/5/07)

Notes from the scientific underground (10/4/07)

Preemption scorecards (10/3/07)

The vanishing trial (10/2/07)

Preemption roundup (10/2/07)

Riegel survives (10/1/07)

Warner-Lambert v. Kent around the web (9/30/07)

Entertaining ourselves: An experiment in ego-surfing (9/30/07)

Warner-Lambert v. Kent: What's at stake (9/27/07)

Welcome, Fortune readers! (9/27/07)

Welcome, Crain's Chicago Business readers! (9/27/07)

Device preemption scorecard (9/26/07)

Warner-Lambert v. Kent: Broader implications (9/25/07)

Desiano: Cert granted (9/25/07)

How did this headline show up on this blog? Reforming legal education (9/25/07)

Drug versus device preemption (9/25/07)

Drug preemption scorecard (9/23/07)

Riegel motions (9/21/07)

Whither Riegel? (9/21/07)

Getting the judge to notice the FDA (9/20/07)

Flipping through the Times (popular press and litigation) (9/18/07)

A plaintiff-side thought (liability for costs) (9/16/07)

Consumer class actions hit New Jersey barrier (9/13/07)

Colacicco oral argument scheduled (9/11/07)

Man bites dog (Depo-Provera MDL ruling) (9/10/07)

Yet another disappointment (legal scholorship) (9/9/07)

Mass joinder rejected in Vioxx MDL (9/7/07)

Upcoming speaking engagements (9/7/07)

Joining issue in Vaccine Act preemption - Ferrari gets a red flag (9/6/07)

Wither the privilege for in-house counsel? (9/5/07)

Herrmann makes a move (9/4/07)

An MDL irrelevancy (8/30/07)

Abigail Alliance: Tempest in a teapot? (8/28/07)

An MDL conundrum (8/27/07)

Wyoming does it right (8/24/07)

Dealing with plaintiffs who use prescription drugs illegally (8/23/07)

Third Circuit finds preemption of consumer fraud claims challenging FDA-approved labeling (8/20/07)

C.B. Fleet's Turn (8/17/07)

Another Accutane "causality" win (8/17/07)

Informal interviews -- docs for the goose, docs for the gander (8/16/07)

Untitled (as in "untitled letters") (8/14/07)

(b)(2) Becomes (b)(3) Buynie v. Airco (8/12/07)

Abigail Alliance and the Volokh Conspiracy (8/10/07)

More on Milberg (8/10/07)

No constitutional right to compassionate use of unapproved drugs (8/9/07)

Excluding foreign regulatory activities (8/7/07)

Solving the inequality of scientific articles offered to show "notice" (8/5/07)

Seen on a t-shirt (8/4/07)

Former class members sue Milberg Weiss (8/3/07)

Preemption and pre-market approved medical devices - the hits keep on coming (8/2/07)

Why we're proud to support off-label use (8/2/07)

A Daubert victory (Ervin v. J&J) (7/31/07)

Crediting preemption: Credit Suisse IPO case strengthens the FDA's argument for the preemption of state law failure-to-warn claims (7/30/07)

Daubert versus Parklane Hosiery (7/29/07)

Vaccine preemption - A murder at the Bates Motel? (7/26/07)

Antidepressant-suicide trial (7/26/07)

Does the rise of the consumer fraud class action mean the decline of the learned intermediary doctrine? Nah! (7/23/07)

Daubert decision in Baycol raises interesting legal points (7/19/07)

Why the changing face of the MDL Panel won't change the outcome of your transfer motion (7/17/07)

Reasonable degree of medical certainty redux (7/12/07)

News flash: CAFA is working (7/9/07)

In defense of the learned intermediary rule (7/6/07)

Headcount: Who's adopted the learned intermediary rule? (7/5/07)

And then there were seven (7/3/07)

Take me home, country roads (W. Va. rejects learned intermediary doctrine) (7/1/07)

Thank you! (7/1/07)

Striking back at strike suits (6/28/07)

News from NJ HRT litigation (6/28/07)

Danger from another corner: Third party claims against pharmaceutical and medical device companies (6/26/07)

Cert granted in Riegel (6/25/07)

$3.7 million in fees for a $4000 recovery (Vioxx fee award) (6/23/07)

Congressional preemption watch - good news (6/22/07)

Informed consent and FDA regulatory status - oil and water still don't mix (6/21/07)

The FDA bill - more on what Congress might do with preemption (6/19/07)

Minnesota -- on the road to recovery (6/19/07)

The week that was -- to Z (Zyprexa preemption decision) (6/16/07)

The week that was, from A -- (Accutane Daubert decision) (6/16/07)

How lawyers' ads hurt patients (6/16/07)

Preemption finally surfaces in FDA-related legislation (6/14/07)

Watson - sifting through the rubble (6/14/07)

Preemption news (Colacicco v. Apotex) - revised (6/13/07)

California dreaming - inadequate class representation (6/13/07)

Compliance with FDA regulations as a defense (6/12/07)

Of inconsistent standards and conflicting requirements (6/10/07)

Statistics and similar occurrences (6/7/07)

Clash of privilege waiver and expert disclosure rules (6/5/07)

Anatomy of a mass tort (6/2/07)

Welcome, Continental fliers! (6/1/07)

Long overdue retirement for anything goes pleading (Twombly) (5/31/07)

Proposed Fed. R. Evid. 502 - an update (5/30/07)

"Relatedness" assessments (In re Accutane) (5/28/07)

Preemption lite (5/24/07)

Riegel v. Medtronic - The Solicitor General weighs in on medical device preemption (5/23/07)

A preemption tangent (Watters v. Wachovia Bank) (5/22/07)

Preemption news (Colacicco v. Apotex) (5/21/07)

Preemption news (Levine v. Wyeth) (5/21/07)

Contingent fees and government lawyers (5/19/07)

Picking spots in preemption cases (5/17/07)

An empirical study of the value of impeaching with prior inconsistent statements (5/15/07)

Agency deference prevents "evisceration" of the FDCA regulatory scheme (5/15/07)

Welcome, DRI (and Cali drug cartel) (5/12/07)

The privilege and public relations firms (5/11/07)

Latest draft of ALI principles of aggegate litigation: Three steps forward, two steps back (5/9/07)

Million-dollar wise, and billion-dollar foolish (Kelly v. Ford) (5/8/07)

More of our space on the web (5/5/07)

Finger lickin' good (5/4/07)

Municipal cost recovery rule restricts government tort suits (5/3/07)

FDA proposes new antidepressant suicide warnings (5/2/07)

Colacicco appellate status (5/2/07)

CAFA's mass torts provisions: Lowery (4/30/07)

Our space on the web (4/28/07)

Preemption and FDA archaelogy (4/26/07)

Reader response to "shouting credibility" (4/24/07)

Why the Texas Vioxx decision matters (4/22/07)

"If only my expert had treated me": "Reasonable" physicians don't prove warning causation (4/19/07)

Shouting "credibility" and praying for trial (4/17/07)

Why does preemption matter? (4/15/07)

ALI draft would abolish "reasonable degree of professional certainty" requirement (4/12/07)

A very brief add-on (4/11/07)

Filing fees due after severance for misjoinder (4/10/07)

MDL choice of law: Direct filing stipulations (4/7/07)

Restricting government by contingent fee -- a welcome development (4/6/07)

"Changes being effected" labeling and novelty (4/5/07)

Have you ever sent an opinion to your client? (4/4/07)

Okay, we missed one (4/3/07)

A medical monitoring compendium (4/3/07)

We like Sykes (3/31/07)

Welcome sanity in New Jersey (3/29/07)

The jurisdictional amount under CAFA (3/27/07)

If not preemption, then regulatory compliance (3/25/07)

Cross-jurisdictional class action tolling – a bridge too far (3/22/07)

Stays pending Rule 23(f) appeals (3/20/07)

Storm clouds nearing (overseas class actions) (3/18/07)

How able is Grable to support removal? (3/15/07)

A securities case worth reading (Citizens Insurance) (3/13/07)

Should Lexecon be overruled? (3/11/07)

It's our blog; we're allowed! (3/11/07)

Regulatory compliance and punitive damages (3/8/07)

"Lexecon waivers": Another prohibited MDL practice? (3/6/07)

Epstein on FDA drug preemption (3/4/07)

Implied warranty – Pennsylvania has a better idea (3/1/07)

Williams v. PM and the passing of punitive damages class actions (2/27/07)

Nagareda (implicitly) on preemption case selection (2/26/07)

The bridges from Madison county (2/25/07)

The Illinois Jensen case – a class action cautionary tale (2/22/07)

Another stray thought on Williams v. PM (2/22/07)

Proposed Fed. R. Evid. 502 (2/21/07)

Send them a message (2/20/07)

Philip Morris v. Williams decided (2/20/07)

Punitive damages make the news (2/20/07)

A note on FDA politics (2/19/07)

HIPAA does not preempt state litigation practice (2/15/07)

Chaining the muse (2/14/07)

Keeping the label out of the case (2/13/07)

Approaches to coding documents (2/11/07)

Making book on the MDL Panel (2/9/07)

31 (or more) reasons to watch ALI's principles of the law of aggregate litigation (2/8/07)

Pediatric suicide rates (2/6/07)

(b)(1)(A) begone! (2/5/07)

Bone screws and informed consent (2/4/07)

Deconstructing the duty to test (2/1/07)

Silly MDL tricks (1/30/07)

Litigation preparedness and IT upgrades (1/29/07)

CAFA and choice of law (1/27/07)

More thoughts on pharmaceutical class actions (1/26/07)

Defenses to FDCA-based negligence per se (1/25/07)

2003 amendment to Rule 23 (1/24/07)

Plaintiffs' counsel "hijacking" the news cycle (1/22/07)

Rule 706 experts on e-discovery (1/22/07)

Zyprexa First Amendment hearing (1/20/07)

Hearings on Hatch-Waxman settlements (1/19/07)

Ruminations on bellwether trials (1/19/07)

Guest Post – Medical monitoring, prescription products and ALI (1/19/07)

The First Amendment and off-label use (1/17/07)

Another off-topic post: Overtime wage litigation (1/17/07)

More on multiple misjoinders (1/16/07)

An off-topic post: Judicial pay (1/15/07)

Zyprexa and the First Amendment (1/15/07)

An MDL bibliography (1/12/07)

Class actions – merits review is "in" in the Second Circuit (1/12/07)

Mass torts and multiple misjoinders (1/11/07)

Law and science (1/10/07)

The apocalypse is upon us (overwarnings) (1/9/07)

Advice for the MDL Panel (1/6/07)

Mass torts in state courts (1/5/07)

Colacicco delayed (1/5/07)

Medical device preemption and forms of FDA approval (1/5/07)

Dog bites man (MDL transferee court power) (1/4/07)

.05 versus 51% (1/2/07)

Territoriality and punitive damages (12/29/06)

Amending California's "mini MDL" statute (12/27/06)

Preemption of "Black Box" warning claims (12/20/06)

Zyprexa protective order update (12/20/06)

Reprocessing single-use medical devices (12/19/06)

Take our second thesis – please! (Protective orders) (12/18/06)

Drug preemption cases (12/15/06)

The FDA's amicus briefs on preemption (12/14/06)

Nagareda on preemption (12/14/06)

Just to show off (a Curmudgeonly podcast) (12/14/06)

Consumer reaction to off-label use (12/12/06)

Judge Weinstein proposes amending CAFA (12/11/06)

Take our thesis – please! (Class action notice) (12/9/06)

Colacicco appellate briefs (12/8/06)

MDL Panel statistics on mass torts (12/8/06)

Heedless use of heeding preemptions (12/8/06)

Interlocutory appeals in MDLs (12/7/06)

Choice of law in class actions (St. Jude Medical) (12/2/06)

Buckman scorned (implantable defibrillators) (11/30/06)

Medical device preemption (11/30/06)

Federal courts should remember federalism (11/28/06)

A Vioxx aside: Master MDL complaints (11/25/06)

The presumption against preemption (11/15/06)

MDLs in 2006 (11/15/06)

DISCLAIMER AND TERMS OF USE (10/28/06)