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Oklahoma Supreme Court OKs federal takeover of state tort law

Dechert LLP
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USA
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March 21 2013

We were planning to write about the Bartlett oral argument today (we still might) when we learned about Howard v. Zimmer, Inc., ___ P.3d ___, 2013 WL

More thoughts on Bartlett

Dechert LLP
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USA
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May 7 2012

Our initial post about Bartlett v. Mutual Pharmaceutical Co., ___ F.3d ___, 2012 WL 1522004 (1st Cir. May 2, 2012), was more or less a crie de coeur over what we saw as an essentially absurd result: that while a simple warning claim involving a generic drug is indisputably preempted under PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011), a claim much more fundamentally in conflict with FDA approval of generic drugs that state tort law can impose liability for not removing an FDA-approved product off the market entirely supposedly is not

Bartlett - take it up

Dechert LLP
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USA
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May 2 2012

The First Circuit decided Bartlett v. v. Mutual Pharmaceutical Co., No. 10-2277, slip op. (1st Cir. May 2, 2012) today - suggesting that it is the worst court of appeals in the country for defendants in prescription pharmaceutical product cases

Who needs Twiqbal?

Dechert LLP
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USA
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April 27 2012

Don’t misunderstand us

If at first you don't succeed....

Dechert LLP
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USA
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April 23 2012

Sometimes good ideas don’t prevail the first time or even the first few times they make their appearance

Uninjured docs' suit tossed

Dechert LLP
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USA
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April 19 2012

Sometimes it all depends on the docs

On getting jobbed

Dechert LLP
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USA
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April 13 2012

Paradise this one isn’t

Pain pump plaintiff’s promotion-based punitives precluded

Dechert LLP
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USA
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April 12 2012

It’s déjà vu all over again

FDA doesn’t have the discretion it thought it had

Dechert LLP
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USA
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April 4 2012

Of all the areas in which we’d have expected to see the FDA’s discretionary wings clipped, drugs used in lethal injection executions didn’t come to mind