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Personal Injury Law

Drug and Device Law Drug and Device Law

Personal views of various topics that arise in the defense of pharmaceutical and medical device product liability litigation.
By James M. Beck and Mark Herrmann

Post Frequency: 2.2/day

Last Entry: November 19, 2009 at 14:51:00

Recent Entries: 590

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Posts


Doing Good By Doing Well

Posted on November 17, 2009


Rimbert - No Do-Overs

Posted on November 17, 2009


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Already Out of Date....

Posted on November 16, 2009


Another Trip Through Scholarship

Posted on November 16, 2009



Actimmune MDL gutted

Posted on November 11, 2009


More MDL Panel Empirics

Posted on November 10, 2009


Conte's First Anniversary

Posted on November 09, 2009


A Safe Harbor In Arkansas

Posted on November 09, 2009


On Punitive Damages

Posted on November 05, 2009


Erichson On "All-Or-Nothing" Settlements

Posted on November 05, 2009


Poison Pill In Healthcare Bill

Posted on November 03, 2009


Cleaning Up The Accutane MDL IBD Cases

Posted on November 03, 2009


Shook Hardy's Asleep At The Wheel

Posted on November 02, 2009


Three Things Around The Web

Posted on November 02, 2009


More on Mousepads

Posted on November 02, 2009


Friday Frivolity

Posted on October 30, 2009


Two Items On The Web Worth Reading

Posted on October 30, 2009


Three At Last, Three At Last!

Posted on October 30, 2009


Sprint Fidelis - It's Not Just Preemption

Posted on October 29, 2009


Witnesses At Today's Iqbal/Twombly Hearing

Posted on October 27, 2009


Accutane Plaintiff's Verdict Reversed

Posted on October 27, 2009


The NuvaRing Master Complaint Vanishes

Posted on October 27, 2009



House Judiciary Hearing On Iqbal

Posted on October 23, 2009


Discount For MDL/Mini-MDL Webinar

Posted on October 23, 2009



Latest On Twombly/Iqbal

Posted on October 22, 2009



An Appellate No-No

Posted on October 21, 2009



Nibble & Kuhn, Attorneys At Law

Posted on October 20, 2009


Wrighting A Wrong

Posted on October 19, 2009



Cy Pres? No Way!

Posted on October 15, 2009


Interesting U.S. Supreme Court Dictum

Posted on October 14, 2009




A Twombly Of Scholarship

Posted on October 12, 2009






Yeah, Yeah - We Know

Posted on October 07, 2009


Why Subverting Court Orders Is A Bad Idea

Posted on October 06, 2009




Okay - Everybody Update Your Briefs

Posted on October 02, 2009


Removal Round Up

Posted on October 01, 2009



TortsProf Mondays

Posted on September 30, 2009


A Detour To Pottawattamie County, Iowa

Posted on September 29, 2009


Muddled testimony precludes class action

Posted on September 29, 2009



Upcoming Speaking Engagements

Posted on September 25, 2009


Total Recall

Posted on September 24, 2009



1000 Posts!

Posted on September 22, 2009


Recent Scholarship Roundup

Posted on September 21, 2009




NYT On Accusations Of Ghostwriting

Posted on September 18, 2009


Limits to Duty

Posted on September 17, 2009


Better Late Than Never?

Posted on September 16, 2009


Something Old, Something New: Recent Trials

Posted on September 16, 2009


Maybe Baying At The Moon Helps (Part II)

Posted on September 15, 2009


An Odd Device Preemption Tangent

Posted on September 15, 2009




Bexis? In Box (2009 Edition)

Posted on September 11, 2009



Guidance On MDL Choice Of Law

Posted on September 08, 2009


A Rat In The House . . . (Foolish Friday II)

Posted on September 04, 2009



Embedded Fraud On The FDA

Posted on September 03, 2009


Empirics About MDL Panel Decision-Making

Posted on September 01, 2009


Fleeger Will Be Handed Down On Thursday

Posted on September 01, 2009


Pre-Service Removal, Yet Again

Posted on August 31, 2009




Wordless As The Flight Of Birds

Posted on August 28, 2009




Rule 11 Discovery Allowed In Digitek MDL

Posted on August 27, 2009



Health Care (And Tort) Reform

Posted on August 26, 2009


Treating Physicians As Experts

Posted on August 25, 2009


A RECAP Recap

Posted on August 24, 2009


The Life Expectancy Of A Legal Blog

Posted on August 24, 2009


Viagra Causation Goes Limp

Posted on August 21, 2009


Reconsidering The Master Complaint

Posted on August 20, 2009



"Litigation Hold" Blog

Posted on August 19, 2009


Another Scholarship Round-Up

Posted on August 18, 2009


Moving To Dismiss MDL Master Complaints

Posted on August 17, 2009


PACER Has Been Hacked

Posted on August 17, 2009




Jersey Barrier Still Stands

Posted on August 14, 2009




D. Utah Goes 1-1-1 (Lake-Allen v. J&J)

Posted on August 11, 2009


Epstein On Preemption In Forbes

Posted on August 11, 2009


New News On Iqbal

Posted on August 10, 2009




FJC On MDL

Posted on August 07, 2009



Preemption In The Washington Post

Posted on August 06, 2009


Read The Blog, Luke!

Posted on August 04, 2009


Iqbal Saves Some Dough

Posted on August 03, 2009


Preemption in the In Box

Posted on August 03, 2009





Beck and Herrmann: Settlement Gurus!

Posted on July 28, 2009








New York Times On Iqbal

Posted on July 21, 2009


Dr. Strangelove Redux

Posted on July 20, 2009


Seroquel Expert Non-Causation Order

Posted on July 20, 2009







Disqualifying An Opposing Expert

Posted on July 13, 2009


ADE Reports: Redaction Required

Posted on July 10, 2009


Taking Stock

Posted on July 09, 2009


Blogging About Blogging

Posted on July 08, 2009



What's up with Colacicco?

Posted on July 07, 2009


More On Big Firm Blogging

Posted on July 06, 2009


Whither The Heeding Presumption?

Posted on July 02, 2009


Device Preemption Win In Louisiana

Posted on July 02, 2009


An Avandia Removal Spat

Posted on June 30, 2009


Wham, Bam; Thank You, Kamm!

Posted on June 29, 2009



WSJ On Twombly and Iqbal

Posted on June 27, 2009



Scratch Three More Zyprexa Plaintiffs

Posted on June 26, 2009



Strike Three; You're Out!

Posted on June 25, 2009


The State Of The Big Firm Blogosphere

Posted on June 24, 2009



Daubert In A Med Mal Context

Posted on June 22, 2009





Taking A Run At Things

Posted on June 16, 2009







An Accutane Appellate Win

Posted on June 11, 2009


Sharkey On "Agency-Forcing" Measures

Posted on June 09, 2009





More Boring Stuff We Need To Know

Posted on June 05, 2009




MoistureLoc Daubert Hearing

Posted on June 03, 2009


The Reviewability of Remand Orders

Posted on June 02, 2009




Tort Reform in Oklahoma and Ysbrand

Posted on May 29, 2009


Welcome, New Readers From Academia!

Posted on May 29, 2009




On Iqbal And Twombly

Posted on May 26, 2009


Defendants Aren't Plaintiffs' Bagmen

Posted on May 22, 2009






On Ex Parte Blogging

Posted on May 18, 2009


Sprint Fidelis FOIA Spat

Posted on May 15, 2009











Strike Suit Strikes Out

Posted on May 08, 2009


Device Preemption Win In Connecticut

Posted on May 07, 2009



Sole Proximate Cause Clarity

Posted on May 05, 2009



The Personal Genome

Posted on May 04, 2009


Boring Stuff We Need To Know

Posted on April 30, 2009


REMS Preemption

Posted on April 28, 2009



Colacicco Decision On Remand!

Posted on April 28, 2009


On Lexecon Waivers

Posted on April 27, 2009


Change Coming To Pennsylvania?

Posted on April 22, 2009



From 510(k) To PMA

Posted on April 20, 2009


Off-Label Use And Medical Malpractice

Posted on April 20, 2009



Preemption 2.0 - 2.0

Posted on April 17, 2009


Preemption 2.0

Posted on April 17, 2009



On The "Custom Device" Exemption

Posted on April 14, 2009



Don't Mess With Bexis!

Posted on April 13, 2009



FAS 5 Update: Report On FASB Roundtable

Posted on April 07, 2009


The Web On Wyeth v. Levine

Posted on April 07, 2009


Another Levine Client Alert

Posted on April 06, 2009





Another Look At Some Recent Scholarship

Posted on March 31, 2009


Ebel - Affirmed

Posted on March 31, 2009




"Fun" Friday: Academic Earth

Posted on March 27, 2009


New Drug/Vaccine Preemption Scorecard

Posted on March 26, 2009


Colacicco Briefing Slightly Postponed

Posted on March 25, 2009


Calabresi On Preemption

Posted on March 24, 2009


Colacicco Update - briefs due 4/1

Posted on March 23, 2009



Preemption Still Be-Longs After Levine

Posted on March 22, 2009



Class Action Articles Posted To SSRN

Posted on March 18, 2009


NJ Vioxx Class Certification Denial

Posted on March 18, 2009



Generic Drugs Meet Levine

Posted on March 17, 2009





Everyone's Talking About Levine

Posted on March 13, 2009



Herrmann on Levine in Chicago Tribune

Posted on March 12, 2009


Device Preemption Bookends

Posted on March 12, 2009


Reaction To Wyeth v. Levine

Posted on March 10, 2009




Dechert Client Alert on Wyeth v. Levine

Posted on March 06, 2009


Press Coverage of Levine

Posted on March 05, 2009


Not Just Colacicco

Posted on March 05, 2009


Medical Device Safety Act of 2009

Posted on March 05, 2009




Wyeth v. Levine - First Real Thoughts

Posted on March 04, 2009


Wyeth v. Levine Decided - No Preemption

Posted on March 04, 2009



Unrefundable

Posted on March 03, 2009




Subpoenaing the Enablers

Posted on February 27, 2009



Welcome, Lawyers Weekly Readers!

Posted on February 26, 2009



Discount For FDA Boot Camp

Posted on February 24, 2009


Trans-substantivism

Posted on February 24, 2009


A Thought Experiment On Conte v. Wyeth

Posted on February 23, 2009




Upcoming Events Featuring . . . Us!

Posted on February 19, 2009


FAS 5 Update: Roundtable Meeting On March 6

Posted on February 19, 2009


Supplemental PMA = Preemption

Posted on February 18, 2009


Appeal Allowed In De Bouse v. Bayer

Posted on February 17, 2009



Good News on the Class Action Front

Posted on February 16, 2009


Recusal Follies

Posted on February 13, 2009



Special Masters Reject Autism-Vaccine Link

Posted on February 12, 2009



Hither and Yon

Posted on February 11, 2009


He Likes It! -- We Think

Posted on February 10, 2009


Waiting For Levine

Posted on February 10, 2009


Bert Rein On The Politics Of Preemption

Posted on February 09, 2009


The Second Shoe Drops In Seroquel

Posted on February 09, 2009


The New Voice In The Blogosphere

Posted on February 06, 2009



No Injury Consumer Fraud Claims

Posted on February 05, 2009


One Two Medical Device Punch

Posted on February 04, 2009


Seroquel MDL: Motions In Limine Granted

Posted on February 03, 2009


Refunds and Ascertainable Loss

Posted on February 03, 2009


Seroquel MDL Summary Judgment Order

Posted on February 03, 2009





A Grace Note To Beisner And Miller

Posted on January 28, 2009


The Ethics Of Genetic Research

Posted on January 27, 2009


Ideas For Voir Dire

Posted on January 26, 2009


Closing The Arguments On Conte

Posted on January 22, 2009


Conte v. Wyeth: Review Denied

Posted on January 21, 2009




How Much Should Judges Make?

Posted on January 20, 2009


Wait! Blogging Works!

Posted on January 20, 2009



A Push Away From 510(k)?

Posted on January 16, 2009


To Cert. Or Not To Cert.

Posted on January 16, 2009




A Quick Apology

Posted on January 15, 2009


Welcome, . . . Blogosphere!

Posted on January 14, 2009




S. Ct. Order List

Posted on January 12, 2009


Blogging As A Business Development Tool

Posted on January 12, 2009



Lanier on Torts at Harvard

Posted on January 07, 2009


Pseudoephedrine Nuisance Claims Rejected

Posted on January 06, 2009


Judicial Wisdom

Posted on January 06, 2009



Oy, Canada!

Posted on January 05, 2009


Happy New Year on the Class Action Front

Posted on December 31, 2008






Supreme Court Conference 1/9/09

Posted on December 23, 2008





Bong Water Blues

Posted on December 19, 2008



New York, New York (reprise)

Posted on December 16, 2008


Amending FAS 5 -- An Update

Posted on December 16, 2008


Blog Honors

Posted on December 16, 2008


On Communicating By E-Mail

Posted on December 16, 2008



A Look At Some Recent Scholarship

Posted on December 15, 2008


What Does Good Say For Levine?

Posted on December 15, 2008


Altria v. Good Decided

Posted on December 15, 2008





Irrelevance of Pending Legislation

Posted on December 05, 2008


Umm ... What He Said

Posted on December 04, 2008


Another Milestone: 150 Countries!

Posted on December 03, 2008


Defendants Oppose Certiorari in Colacicco

Posted on December 03, 2008


Gunvalson v. PTC Argument Date

Posted on December 03, 2008



DRI Drug/Device Webinar

Posted on December 02, 2008



We're In The ABA Journal Blawg 100!

Posted on December 01, 2008


Happy Preemption Thanksgiving

Posted on November 27, 2008


Preemption Without A Prescription

Posted on November 25, 2008



How To Draft Motions In Limine

Posted on November 20, 2008





Pardon Our Appearance....

Posted on November 14, 2008


More on E-Discovery for Defendants

Posted on November 14, 2008


More Thoughts On Conte v. Wyeth

Posted on November 13, 2008


Hats Off To "Above The Law"

Posted on November 13, 2008


We're On Twitter!

Posted on November 12, 2008


Three News Items For Our Friends

Posted on November 12, 2008




He Who Fights And Runs Away . . .

Posted on November 10, 2008


If Not Reliance, Then Remoteness

Posted on November 10, 2008


Generic Drug - Pioneer Liabilty

Posted on November 07, 2008


It's Better To Be Lucky Than Good.

Posted on November 07, 2008




Welcome, California Lawyer Readers!

Posted on November 05, 2008



A Curmudgeonly Interview

Posted on November 04, 2008


Press Coverage Of The Levine Argument

Posted on November 04, 2008


Welcome to the Blogosphere, DRI!

Posted on November 03, 2008


Transcript of Levine Argument

Posted on November 03, 2008


Other Reports on the Levine Argument

Posted on November 03, 2008



The Levine Argument: More Early Returns

Posted on November 03, 2008


Wyeth v. Levine Argument - Early Returns

Posted on November 03, 2008


Interlocutory Appeal Granted in Knipe

Posted on October 31, 2008



Carve Your On-Line Pumpkin

Posted on October 31, 2008


A Humble Scribe On CNBC

Posted on October 31, 2008




Our Terrible Twos!

Posted on October 30, 2008





Welcome, ABA Journal Readers!

Posted on October 28, 2008


Does Tort Litigation Improve Drug Safety?

Posted on October 27, 2008


An ER Doc's Take On Preemption

Posted on October 24, 2008


Interesting New PMA Device Preemption Case

Posted on October 24, 2008




Sleeper Case, Sleeper Issue

Posted on October 23, 2008




Obama Wins!

Posted on October 21, 2008



Nailing Jell-O To A Wall

Posted on October 17, 2008


Baron Receives Tysabri

Posted on October 17, 2008


Bextra and Celebrex Cases Settled

Posted on October 17, 2008


Off-Label Use ? Yet Again

Posted on October 16, 2008


Fred Baron and Compassionate Use

Posted on October 16, 2008



A Final MDL Timing Issue

Posted on October 15, 2008



Troy and Wood On Preemption

Posted on October 13, 2008


Cert. Granted In McDarby

Posted on October 13, 2008


The Brokers With Hands On Their Faces Blog

Posted on October 13, 2008


Preemption Smackdown in DC - 10/29/08

Posted on October 10, 2008



Colacicco Cert Petition Filed

Posted on October 08, 2008


Welcome, ReachMD Listeners

Posted on October 08, 2008


Updates

Posted on October 08, 2008


Sebok & Zipursky on Preemption, Part II

Posted on October 08, 2008


Salmon Swim to the Solicitor General

Posted on October 07, 2008


Genetic Damage As Compensable Injury

Posted on October 07, 2008


In The Deserts Of New Mexico

Posted on October 06, 2008


Why You Need To Bookmark Point Of Law

Posted on October 03, 2008


Learned Intermediary Rule 201

Posted on October 02, 2008



The End of Securities Fraud Class Actions?

Posted on October 02, 2008


The Vioxx ADVANTAGE Trial

Posted on October 01, 2008



Interesting Stuff On The Web

Posted on September 29, 2008


More On New FRE 502

Posted on September 25, 2008


Living On The Point Of The Spear

Posted on September 25, 2008


Gunvalson v. PTC Update

Posted on September 24, 2008


Sebok on Wyeth v. Levine

Posted on September 24, 2008


We're Depressed: Johnson v. GlaxoSmithKline

Posted on September 24, 2008



A Multidistrict Litigation Compendium

Posted on September 22, 2008


Defense Amici ? One Stop Shopping

Posted on September 18, 2008


Defense Reply Brief in Levine

Posted on September 16, 2008



We're Not Heartless, Jeremy!

Posted on September 15, 2008


Is The FDA Really So Weak?

Posted on September 15, 2008


Holding The Line On The Duty To Warn

Posted on September 11, 2008


To Arms!

Posted on September 11, 2008


Okay, We'll Play: 5 Blogs and 5 Blawgers.

Posted on September 10, 2008


More Upcoming Talks

Posted on September 10, 2008


How Long Does The MDL Process Take?

Posted on September 09, 2008


Exciting Drug and Device TV

Posted on September 08, 2008



Zyprexa Third Party Payor Class Certified

Posted on September 05, 2008


Preemption And Guerilla Warfare

Posted on September 04, 2008



The Multidistrict Litigation Process

Posted on September 02, 2008


Friday Fun

Posted on August 29, 2008



Accutane Affirmed

Posted on August 27, 2008


Issue Preclusion in Mass Torts

Posted on August 27, 2008



Exploring The New CBE Rule

Posted on August 25, 2008


The New CBE Rule Is Final

Posted on August 22, 2008




Ledbetter v. Merck: Appeal Dismissed

Posted on June 11, 2008



Why Congress Has Left Lexecon Alone

Posted on June 10, 2008


Supreme Court News

Posted on June 09, 2008


On The MDL Panel and Transparency

Posted on June 09, 2008




First Thoughts on Sinclair v. Merck

Posted on June 04, 2008


Vioxx - The Hits Keep On Coming

Posted on June 04, 2008


The Texas Twins (Garza and Ernst)

Posted on June 03, 2008


A Reaction to McDarby

Posted on June 02, 2008


A Bad Idea Whose Time Has Passed

Posted on May 30, 2008






Small, But Nice

Posted on May 28, 2008



Curmudgeon to Lawyer2Lawyer

Posted on May 28, 2008


A Race in Which We Have No Horse

Posted on May 27, 2008



Twombly Comes To Our Neighborhood

Posted on May 22, 2008


CAFA Intrigue (Pew v. Cardarelli)

Posted on May 21, 2008



500 Posts!

Posted on May 16, 2008





Huge Texas Vioxx Verdict Reversed

Posted on May 14, 2008




The Pythagorean Integrity of the Law

Posted on May 13, 2008


The Profs Have It!

Posted on May 12, 2008


AEI Program On Off-Label Use

Posted on May 09, 2008


Warning Causation ? Greatest Hits

Posted on May 08, 2008


So Big And Yet So Small

Posted on May 07, 2008



What's New On Alltop? Us!

Posted on May 06, 2008


Rehearing Denied in Colacicco

Posted on May 05, 2008


If I Could Put Fish In A Barrel

Posted on May 05, 2008


Welcome, Law.com Readers!

Posted on May 02, 2008


New Decisions Raise Old Issues

Posted on May 01, 2008


Welcome, American Lawyer Readers!

Posted on May 01, 2008



He's No Grippando, But . . .

Posted on April 30, 2008


Learned Intermediary Bill In California

Posted on April 30, 2008


MDL Transfer After Section 1404 Denial?

Posted on April 30, 2008


A Far Cry From Drugs And Devices

Posted on April 29, 2008


Slow Boats From Europe

Posted on April 28, 2008


Colacicco Rehearing Petition Filed

Posted on April 24, 2008



CPSC Preemption (Bic Pen v. Carter)

Posted on April 24, 2008


A Thought On Standard of Review

Posted on April 23, 2008



Hear, hear, Public Citizen!

Posted on April 21, 2008


The Future is Now

Posted on April 21, 2008


Colacicco and Judicial Notice

Posted on April 17, 2008



Michigan Law Review book review issue

Posted on April 16, 2008



Overseas Class Actions Come Of Age

Posted on April 15, 2008


We're Actually Worth Something To You!

Posted on April 15, 2008


Rehearing Granted In Despain

Posted on April 14, 2008


St. Jude is Heavenly

Posted on April 14, 2008


Schwab Affects Pharma

Posted on April 12, 2008


They Write, But Can They Speak?

Posted on April 11, 2008


Delving into Colacicco

Posted on April 10, 2008


The Composition of the Third Circuit

Posted on April 09, 2008



Easy Cases Make Good Law

Posted on April 09, 2008


Preemption Affirmed in Colacicco

Posted on April 08, 2008


All The News That's Fit To Link

Posted on April 06, 2008


The Unfairness Of Consolidated Trials

Posted on April 04, 2008




A Tactical Thought About Clark

Posted on April 02, 2008


Welcome . . . World!

Posted on March 31, 2008



We Like Sykes Again

Posted on March 28, 2008


Preemption Wins Again

Posted on March 27, 2008




A Few Of Our Favorite Posts

Posted on March 26, 2008


Today's News

Posted on March 25, 2008


Damned If You Do . . .

Posted on March 24, 2008


North To The Future?

Posted on March 21, 2008


Preemption In Philadelphia

Posted on March 20, 2008




A Tea Leaf For Levine

Posted on March 19, 2008


Off-Label Promotion - An Indictment

Posted on March 18, 2008


Dukakis and Riegel

Posted on March 17, 2008


That Didn't Take Long

Posted on March 14, 2008


Scruggs Pleads Guilty

Posted on March 14, 2008


More On Legal Questions And FDA Experts

Posted on March 14, 2008


Riegel and "Parallel" State Law Duties

Posted on March 12, 2008



Loopholes in Riegel

Posted on March 09, 2008



California Scheming

Posted on March 06, 2008




Sometimes "Big Law" Values Blogs

Posted on March 03, 2008


First Thoughts About Kent

Posted on March 03, 2008


Kent Affirmed by 4-4 Tie

Posted on March 03, 2008



Counting Noses (Predicting Kent)

Posted on March 02, 2008



Why Are Blogs Undervalued?

Posted on February 29, 2008


Pennsylvania Product Liabilty Developments

Posted on February 28, 2008


More On Excluding FDA Experts

Posted on February 28, 2008



Finding Us On The Web

Posted on February 28, 2008


FDA E-Mail Alerts

Posted on February 27, 2008


New Levine Briefing Schedule

Posted on February 27, 2008


Nuisance Litigation

Posted on February 26, 2008


Henry Kissinger and Riegel

Posted on February 26, 2008



Oral Argument in Warner-Lambert v. Kent

Posted on February 25, 2008


More From N'awlins (Event Jurisdiction)

Posted on February 24, 2008


Welcome New York Times Readers

Posted on February 22, 2008



Intrepid Correspondent Wanted

Posted on February 22, 2008


Now Who's Quoting Reagan?

Posted on February 21, 2008


Welcome, Bloomberg News Readers!

Posted on February 21, 2008


Much Is Given, Much Is Expected

Posted on February 21, 2008



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