tag:blogger.com,1999:blog-36762711.post7974465188288440191..comments2023-11-03T06:14:58.449-04:00Comments on Drug and Device Law: Our Own Analysis Of The Wyeth v. Levine Oral ArgumentRachel B. Weilhttp://www.blogger.com/profile/02251124525069607080noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-36762711.post-6929991125006056082008-11-10T14:38:00.000-05:002008-11-10T14:38:00.000-05:00I understand, Soronel. Yet there are instances in...I understand, Soronel. Yet there are instances in prescription drug litigation in which defense and plaintiff counsels have agreed that a settlement was fair and just.<BR/><BR/>It is probably true that the defense side would have preferred no settlement at all. But, somewhere, what is fair and just probably should not be (to quote from this blog entry) "thrown under the bus" under all circumstances; a view that clients often enough share as well.<BR/><BR/>Agree re: Levine, btw.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-36762711.post-36673568192998140642008-11-09T16:08:00.000-05:002008-11-09T16:08:00.000-05:00HG,Of course our blog hosts would love a world wit...HG,<BR/><BR/>Of course our blog hosts would love a world without liability for their clients, they have said so more than once. Doesn't mean they ever expect to see such a world.<BR/><BR/>OTOH the cases that will lead toward pre-emption if any are going to are those cases where the drug/device maker can hardly be said to be at fault. I see that as being the case in Levine, as I did with Riegel.Soronel Haetirhttps://www.blogger.com/profile/11639906179427371695noreply@blogger.comtag:blogger.com,1999:blog-36762711.post-14127142765687848362008-11-07T00:23:00.000-05:002008-11-07T00:23:00.000-05:00Nice blog.Keep it writing.Good luck.Nice blog.Keep it writing.Good luck.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-36762711.post-47605003670225722042008-11-06T22:06:00.000-05:002008-11-06T22:06:00.000-05:00Genuinely to clarify - and going by your last coup...Genuinely to clarify - and going by your last couple of sentences - the ideal world for DDL would be one without any "failure-to-warn" state tort suits whatsoever over FDA-approved drugs, and even including cases (rare as they are) in which FDA/DOJ successfully prosecuted felony fraud in the FDA approval or compliance process (as FDA/DOJ argued in Kent)? <BR/><BR/>Is that a fair summary of the ideal? A genuine thanks for clarifying.<BR/><BR/>Re: your summary of Levine, excellent.Anonymousnoreply@blogger.com