Friday, July 15, 2011

Reparations

The last couple days' dialogue with our subscribers suggests that the blog's email outage was uneven.  Some subscribers may have lost email transmission of our post for more than a month.  We've already apologized, but we think we should do more.  Here's a list of what we posted about - with links - between June 1 2011 (the earliest date reported to us) and July 12, 2011 (when we finally got the problem fixed):

July 12, 2011:  Third Circuit Reaffirms Berrier - Third Restatement Applies in Pennsylvania Federal Court - New Covell opinion - Link.
July 12, 2011:  Fosamax and the Risk/Benefit Analysis - Interlocutory appeal of risk/benefit design defect theory - Link.
July 11, 2011:  ProDisc Dismissal for Want of Indispensable Parties - Unusual procedural issue - Link.
July 8, 2011:  Industry Tries Again For Clarity Concerning Off-Label Promotion - Reviewing FDA citizen petition for clearer regulation - Link.
July 7, 2011:  No Stand Up Comity In New York - Forman (new), Desiano, and Buckman with respect to preemption of NJ fraud on the FDA based punitive damages statute - Link.
July 6, 2011:  Of Treating Physicians And Manufacturing Defects - New Mast opinion on what is, and is not, lay opinion testimony from a plaintiff's treating physicians - Link.
July 5, 2011:  An Easy Case Makes Good Learned Intermediary Law - New Legard warning causation decision - Link.
July 4, 2011:  Happy Independence Day - Link.
July 1, 2011:  Another Reason To Like TwIqbal - New McFarland opinion on pleading product identification - Link.
June 30, 2011:  Applied American Exceptionalism - Exclusion of experts on foreign business behavior and foreign regulatory standards - Link.
June 29, 2011:  Give Us A T For Tennessee - New Tennessee Supreme Court (Nye) ruling reaffirming learned intermediary rule but limiting it to prescription medical products - Link.
June 28, 2011:  A Little Rain In The Desert - New Trasylol decision holding that New Mexico would recognize learned intermediary rule - Link.
June 28, 2011:  The Supreme Court Reins in “Stream of Commerce” Personal Jurisdiction - Description of new Brown and Nicastro stream of commerce decisions - Link.
June 27, 2011:  Embracing Compliance - More on what makes jurors angry and what to do about it - Link.
June 24, 2011:  What Other People Are Saying About Mensing - Since we can't say much about Mensing, what else is out there? - Link.
June 23, 2011:  Two More From The Supreme Court - Mention of Mensing, which we can't talk much about because of our litigation involvement, and full description of Sorrell pharmaceutical detailing First Amendment decision - Link.
June 22, 2011:  Medicare . . . Yep It Is Still Boring - New Humana decision that Medicare third-party providers can't recover under secondary payor statute - Link.
June 21, 2011:  What's In Them For Us? - A review of the new Dukes and AEP (global warming) Supreme Court decisions for how they might apply to drug/device product liability litigation - Link.
June 20, 2011:  Phony Choices - New Zicam decision distinguishing prescription drug and toxic tort cases with respect to need for dosage information in Daubert causation opinions - Link.
June 17, 2011:  E-Discovery Fee Shifting? - New EDPA case requiring unsuccessful plaintiff to pay as costs  part of cost of complying with its ediscovery demands - Link.
June 16, 2011:  It Should Be An Interesting Couple Of Weeks - Analysis of new Supreme Court Smith v. Bayer class action/collateral estoppel decision and review of interesting cases yet to be decided - Link.
June 15, 2011:  To Retain or Not to Retain - Discussing situation (in-house experts) in which expert correspondence may still be discoverable after latest changes to Rule 26 - Link.
June 14, 2011:  Denture Cream Myelopathy Claims Found Toothless - New Daubert win in Denture Cream - Link.
June 13, 2011:  Some Good News On SSRI Preemption - New Dobbs decision finding that SSRI facts (Effexor) satisfied Levine "clear evidence" standard and preempting suicide warning claims - Link.
June 13, 2011:  Getting Better - Discussing new Pucey decision on recalls and investigations as subsequent remedial measures - Link.
June 10, 2011:  An Oldie But Goodie - Discovering favorable MDL precedent (Aredia/Zometa) from two years ago that informal interview with treating physicians save time and are to be allowed - Link.
June 9, 2011:  When It’s The Plaintiff, Not The Doctor - Winning warning causation when there's no learned intermediary defense, and the plaintiff's conduct is at issue - Link.
June 8, 2011:  Utah Preemption Split Deepens - New case (Pierce) holding that Utah fraud on the FDA punitive damages statute is preempted - Link.
June 7, 2011:  Defendant Didn’t Buy The Love - New case (Shaw) on impact of prescriber/manufacturer financial ties on applicability of learned intermediary rule - Link.
June 6, 2011:  Anger Management - What makes jurors angry and what to do about it - Link.
June 3, 2011:  Opening Salvo In New FDA Attack On Off-Label Use? - New FDA draft guidance that would change "intended use" based upon mere knowledge of off-label use - Link.
June 2, 2011:  The Closing Of The Learned Intermediary Frontier - Updated 50-state learned intermediary rule survey occasioned by first Rhode Island precedent on rule - Link.
June 1, 2011:  While Plaintiff Slept, Learned Intermediary Got a Re-affirming Wake Up - New (Dykes) decision where lazy plaintiff lost a learned intermediary motion - Link.