We’ve decided to get a couple of off-label use-related items off of our to-do-eventually list today. The first we’ve alluded to already. It’s the First Amendment litigation that Allergan recently commenced against the FDA involving the truthful “promotion” of off-label use (specifically use of Botox to treat muscle spasticity). The second is a new law [...]
Yeah, it happens. None of us are perfect. We have been given the following correction to the recent guest post on the upcoming changes to deadlines under the federal rules:
Thanks again for publishing my guest column. Unfortunately, part of it was wrong. Neville Boschert, a sharp lawyer in Jackson Mississippi, pointed out that [...]
This guest post was submitted to us by Ronni Fuchs, a partner at Bexis’ firm, Dechert LLP. She gets the credit (and the blame) for what follows.
From time to time we grapple with the question of the authority of a trial court to which an MDL court remands cases to vacate or reform rulings issued [...]
We know about Bartlett v. Mutual Pharmaceutical Co., so stop bugging us. In fact, it’s been on our drug preemption scorecard for a few days now, complete with a link to the slip opinion. If you read about it on 360, who do you think sent it to them?
We can’t do everything, and we’re not [...]
“Scratch One Flat Top” marked the sinking of an enemy aircraft carrier in the Battle of the Coral Sea.
In the battle over off-label promotion, scratch another lawsuit. Central Regional Employees Benefit Fund v. Cephalon, 2009 U.S. Dist. Lexis 93636 (D.N.J. Oct. 7, 2009), sends another would-be third party payor fraud suit to the bottom, [...]
Arthur Parker ingested Upsher-Smith Laboratories’ drug amiodarone, developed pulmonary difficulties, and died. His widow brought a product liability action against Upsher Smith.
Lawyers for Upsher-Smith wanted to interview some of Parker’s treating physicians. Plaintiff opposed those ex parte interviews, saying that Nevada law prohibits the interviews and that waivers granted under HIPAA do not [...]
Charles R. Beans, of Goodman McGuffey Lindsey & Johnson, LLP, in Atlanta, contributed the following guest post. We thank him for his contribution, and present his words:
“Just another stupid thing that I done wrong.”– Goldfinger, “Counting the Days” © 2000.
[Okay, okay. We started with lyrics froms Goldfinger. But now we give you Chuck's words:]
Unless Congress [...]
The calm of Summer has ended, and that means we’ll once again start trotting around the country to give talks. Here’s the current line-up for the next three months:
October 2: The two of us will speak to the editors of the American Bar Association’s many websites about effective blogging and drawing traffic to a site.
(Pssst: [...]
The TortsProf blog recently started inviting torts scholars to publish guest posts on Monday mornings.
This is a nice addition to the blog. No matter how prolific a thinker you are, you’ll run out of new and clever topics for your blog after you’ve written your first, say, 1000 posts. (Just ask us.) [...]
We raised an electronic eyebrow last month when we stumbled across In re NuvaRing Prods. Liab. Litig., slip op., No. 4:08MD1964 RWS (E.D. Mo. Aug. 6, 2009) (link here).
There, the MDL Panel created a coordinated proceeding to administer the 150 individual lawsuits pleading personal injuries allegedly caused by using Organon’s contraceptive NuvaRing. The MDL transferee [...]