tag:blogger.com,1999:blog-36762711.post8475554113158322763..comments2023-11-03T06:14:58.449-04:00Comments on Drug and Device Law: Embedded Fraud On The FDARachel B. Weilhttp://www.blogger.com/profile/02251124525069607080noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-36762711.post-7551943599207286972009-09-11T14:01:03.728-04:002009-09-11T14:01:03.728-04:00We're not counting on Thomas. In fact, we'...We're not counting on Thomas. In fact, we're pretty sure that his defection is what caused the 4-4 split. We think it's (at least) Roberts, Scalia, Kennedy, Breyer, and Alito in favor of preemption in the Desiano situation.<br /><br />Nor has Sotomayor been bad for defendants in business cases, so we're not writing her off yet.Beck/Herrmannhttps://www.blogger.com/profile/17150638020283243716noreply@blogger.comtag:blogger.com,1999:blog-36762711.post-77000496144914405062009-09-03T10:14:13.210-04:002009-09-03T10:14:13.210-04:00Will someone please let Senator Orrin Hatch and Pe...Will someone please let Senator Orrin Hatch and Peter Barton Hutt know about this? At the Senate's HELP hearing on the Medical Device Safety Act last month, they both stated unequivocally that fraud on the FDA would provide a cause of action in a medical device lawsuit.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-36762711.post-13558165911081212302009-09-03T10:07:48.501-04:002009-09-03T10:07:48.501-04:00Bloggers wrote: [W]e can be pretty confident that...Bloggers wrote: [W]e can be pretty confident that there’s a majority for the strong view of Buckman on the Court.<br /><br />My response: Not so fast. I agree that it is fortuitous for plaintiffs' lawyers that CJ Roberts recused in Desiano/Kent. But Justice Thomas, who joined the majority in Buckman, appears to have evolved in his thinking on preemption, as evidenced by his surprising concurrence in Wyeth v. Levine. I wouldn't be too confident that he's still a sure vote for preemption a la Buckman in a Desiano-type situation. He might be, but then again, maybe not.Anonymousnoreply@blogger.com