Civil Procedure – May 23, 2012

by Morrison & Foerster LLP on 5/22/2012

Last week, the Ninth Circuit issued a broad FDA preemption ruling that elbows aside federal deceptive-labeling claims in the latest slugfest between Pom Wonderful and Coca-Cola that has been going on for almost five years....more

by McDermott Will & Emery on 5/15/2012

The U.S. Court of Appeals for the Fifth Circuit recently held that a paragraph in an asset purchase agreement qualified as an amendment to an employee benefit plan, highlighting a split between circuits of the U.S. Courts of...more

by Dechert LLP on 5/9/2012

We can't say much about it because of Dechert's involvement in the Reglan/metoclopramide litigation, but Judge Higbee has ruled on on generic preemption under Mensing. There are two opinions. The first, In re Reglan...more

by Dechert LLP on 5/7/2012

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...more

by Dechert LLP on 5/3/2012

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...more

by Field Law on 4/30/2012

It is a fact of life in the modern world that manufacturers and distributors of products often do business in multiple jurisdictions, across multiple borders. A product manufactured in one country, can be distributed and sold...more

by Dechert LLP on 4/25/2012

We’ve posted before about MDLs – and the Darvocet MDL in particular – being the new “heavyweight” division for the one-two punch of product identification (can’t sue non-manufacturers) and generic preemption (can't sue...more

by Dechert LLP on 4/24/2012

Sometimes good ideas don’t prevail the first time – or even the first few times – they make their appearance. With that in mind we bring to your attention Windle v. Synthes USA Products, Inc., 2012 U.S. Dist. Lexis 52397...more