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All The News That's Fit To Link

By James M. Beck and Mark Herrmann

Every once in a while, we feel compelled to point our massive readership in the direction of a few lesser known sources of information.

If you missed the article in today's New York Times about preemption, here's a link. Johnson & Johnson is naturally asserting the preemption defense in the 3000 pending cases involving its Ortho Evra birth control patch. The Times is naturally outraged.

Reuters, along with many other news sources, reported late last week that the European Union is working to expand the use of class actions. The current EU-wide proposal is limited to antitrust cases and is in the exploratory stage. The public has until mid-summer to comment, and the European Commission is unlikely to propose legislation until much later this year.

Here's an opinion piece from the City Journal urging the Supreme Court to side in favor of industry in Wyeth v. Levine, because preemption is the best way to overcome the problem of overwarning about the possible side effects of prescription drugs.

Here's a decision that we'll read with interest, but we haven't yet gotten around to. In Johnson v. American Standard, Inc., which came down on April 3, the California Supreme Court adopted the sophisticated user defense as a matter of California state law.

Last but not least, an article in the New York Times reveals the awful truth about "death by blogging." We know that you don't care about that one, but the two of us have a keen interest in it.

Bexis -- are you feeling okay?

Full post as published by Drug and Device Law on April 06, 2008 (boomark / email).