Statute
FDCA
242 published works
Drug & Device Law
No Claim for Conspiracy to Violate the FDCA
By Bexis
We just spotted Placencia v. I-Flow Corp., 2011 WL 1361562 (D. Ariz. April 11, 2011), a pain pump case, in which the court threw out the plaintiff's latest attempt to…
Drug & Device Law
Yesterday’s Santa Clara Decision and Its Implications for the FDCA
By Bexis
We fingered Astra v. Santa Clara County as a potentially interesting case from the moment that the Supreme Court granted cert. Here's how we described the case on four days after…
Drug & Device Law
Will The Supreme Court Tackle a Plaintiff End-Run Around No Private Right of Action?
Okay, that's a klutzy title. The football obsession doesn't leave us until the morning after the Super Bowl. But the Iggles have been ignominiously bounced from the NFL playoffs, so…
The Appellate Strategist
Justice Kagan and the Future of Generic Drug Preemption
By Kelly Savage
US Supreme Court Will Decide Fate of Preemption Defense for Generic Companies this Term Since the decision of the Supreme Court in Wyeth v. Levine, 129 S.Ct. 1187 (2009), the…
Drug & Device Law
TwIqbal & PMA Preemption, Perfect Together
By Bexis
We’ve blogged repeatedly about preemption in PMA medical device cases. We’ve also had a lot to say about using TwIqbal (that is Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009), and…
Drug & Device Law
Preemption, Pleading & Rule 11
By Bexis
One way that some plaintiffs seem to be responding to TwIqbal is simply to make up the facts needed to plead a plausible claim. That happened in Cornwell v. Stryker…
Dangerous Drugs & Medical Devices
Solicitor General Files Brief in Pliva v. Mensing, Rejects Preemption
A little late, but better than never. Especially since the Solicitor General agrees that failure to warn lawsuits against generic manufacturers are not preempted by the FDCA: The court of…
Drug & Device Law
Food for Thought
When it comes to food, we're more often like the kids singing "Food, Glorious Food" in the beginning of the musical Oliver! than like the serious legal mavens we pretend…
Life Sciences Legal Update
Ninth Circuit Court of Appeals Holds that the FDCA Precludes Plaintiff’s Claim Under the Lanham Act
By Lisa Baird
The Ninth Circuit recently confronted an issue of first impression: whether a plaintiff could maintain an action under the false advertising prong of the Lanham Act, where a determination of…
Drug & Device Law
The Un-Dead on “Parallel Requirements,” Preemption, and Punitive Damages
By Bexis
He may be gone - dead in the blogging sense - but Herrmann continues to provide scholarly commentary about issues we care about from beyond the cyber-grave. Dave Alden, Mark's…