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Antitrust Law Blog
Beginning to Close the POM Circle? – <i>POM Wonderful</i> and Drug Advertising: <i>JHP Pharmaceuticals</i>
Earlier this year, in POM Wonderful LLC v. Coca-Cola Co.,[1] the Supreme Court examined the interaction between the Lanham Act’s prohibition against false advertising and the FDCA’s prohibition against food,…
Drug & Device Law
The Scylla and Charybdis of PMA Preemption
This post is from the non-Reed Smith side of the blog only. It’s been a while since we’ve seen a legal reference to Scylla and Charybdis, the sea monsters of Greek myth…
Drug & Device Law
Buckman Preempts Adverse Event Fishing Expedition
By Bexis
We’ve always been of the opinion that the rationale for preemption in Buckman Co. v. Plaintiffs Legal Committee, 531 U.S. 341 (2001), concerning: (1) the FDA’s exclusive enforcement power, and (2) the adverse…
Drug & Device Law
Negligence Per Se and Fraud Claims Dismissed in Risperdal Litigation
The Middle District of Florida in Gallant v. Ortho-McNeil-Jannsen Pharmaceuticals, Inc., 2014 U.S. Dist. LEXIS 131769 (M.D. Fla. Sept. 29, 2014), recently addressed a plaintiff’s negligence per se and fraud…
Defense Litigation Insider
What’s in a name? That which we call a rose by any other name would smell as sweet;
By Jonathan F. Tabasky, Anna Baitchenko
Plaintiffs, when faced with a legal bar to traditional negligence claims, frequently try to cloak them in new theories of liability. This tactic is reminiscent of dialogue in William Shakespeare's…
Drug & Device Law
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…
Drug & Device Law
Preemption Made Easy
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…
Drug & Device Law
Hey, Jude! Making It Good on Preemption
By Bexis
Taking a sad song and making it better, St. Jude Medical recently scored double-barreled preemption victories in implantable cardioverter defibrillator (“ICD”) lead litigation. On consecutive days, federal courts in Minnesota, Pinsonneault v. St.…
Drug & Device Law
Interesting Case On A Couple Of Issues
By Bexis
While most of the buzz late last week concerned the Darvocet affirmance, we also recommend that defense counsel check out this case: Amos v. Biogen Idec, Inc., 2014 WL 2882104 (W.D.N.Y. June…
IP Intelligence
Lanham Act Claims for Misleading Product Description Can Coexist with FDCA Labeling Regulations, Court Finds
A unanimous Supreme Court (8-0, Justice Breyer recusing) ruled on June 12, 2014 in POM Wonderful v. Coca-Cola that one competitor may sue another for unfair competition under the Lanham…