Topic
Drug Preemption
30 published works
Drug & Device Law
Taxotere Time Warp Heads to Fifth Circuit
When we last checked in on the Taxotere MDL back in January, we described the court’s brand and generic preemption rulings as chronological, not contradictory. At the time, that seemed…
Drug & Device Law
Has Albrecht Been Undone?
We do not mean the German Renaissance painter and thinker Albrecht Dürer. His work, while a poor cousin to that of some famous contemporaries to the south, remains as is. …
Drug & Device Law
Some Welcome Clarity on Preemption
Every once in a while in this space we summarize law review articles. In the course of doing so, we typically pat ourselves on the back by announcing that we…
Drug & Device Law
Another Favorable Post-Albrecht MDL Preemption Decision
By Bexis
We recently received a copy of Pfaff v. Merck & Co., No. 12-md-02331 (BMC), slip op. (E.D.N.Y. Sept. 9, 2022), and the decision has a number of useful – for…
Drug & Device Law
For Preemption, “Newly Acquired” Does Not Mean “By Plaintiff”
They say the smartest people are the ones who are always learning something new. Those who are open to new ideas and concepts. People who are eager to acquire new…
Drug & Device Law
C.D. Cal. Dismisses Beovu Failure to Warn Claims
The SCOTUS decision in the Wyeth v. Levine case created much mischief in the field of preemption. The Court’s sloppy overstatement of the significance and availability of the Changes Being…
Drug & Device Law
Breaking News – Albrecht Prescription Drug Preemption Case Decided − Worst Decision of 2017 Reversed
By Bexis
Just in. United States Supreme Court rules unanimously in Merck Sharp & Dohme Corp. v. Albrecht, No. 17-290, slip op. (U.S. May 20, 2019) (“Albrecht”), that the Third Circuit got it…
Litigation & Trial
The Solicitor General’s Brief In Fosamax – An End To Levine Preemption?
Updated June 28, 2018 in light of the Supreme Court's grant of certiorari. See more at the bottom of this post. I’ve written many times before about the Supreme Court’s…
Drug & Device Law
The New One-Two Is Back
By Bexis
A couple of years ago the one-two punch was all the rage in prescription drug cases. “One-two punch” has been our moniker for decisions where plaintiffs ingested only generic drugs,…
Drug & Device Law
Mensing Oral Argument In Stream Of Consciousness
By Bexis
Everybody knows we’re interested in prescription drug preemption. That means we’re interested in the Mensing/Demahy appeal in the Supreme Court that was orally argued yesterday. First of all, here’s a…