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)

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