Constitutional Law › Products Liability › Communications & Media Law

More Inspiration from the Courts on Commercial Speech

When most of us think of the First Amendment, commercial speech is probably not what springs to mind. A business talking about its products doesn’t fit our classic perception of free speech. It will never equal the “I Have...more

FDA Takes It On The Chin Again In First Amendment Case

This opinion involves cigarette warnings, so we have to be careful, since Dechert represents tobacco companies. We recommend that our readers interested in First Amendment issues take a look at R.J. Reynolds Tobacco Co. v....more

You Heard It Here First

Yesterday's Wall Street Journal has an interesting article about the FDA's off-label promotion ban being "in some jeopardy" after the Supreme Court's Sorrell decision, and pointing to the Caronia case, to be decided "within...more

Interesting First Amendment Law Review Note

A recent law review note, Kristie Lasalle, "A Prescription for Change: Citizens United's Implications for Regulation of Off-Label Promotion of Prescription Pharmaceuticals, 19 J. L. & Pol’y 867 (2011), copy here (Please see...more

Industry Tries Again For Clarity Concerning Off-Label Promotion

With the ink barely dry on the Supreme Court’s recent decision that pharmaceutical detailing is First Amendment protected commercial speech, see Sorrell v. IMS Health Inc., ___ U.S. ___, 2011 WL 2472796, at *8 (U.S. June 23,...more

Two More From The Supreme Court

Generic Manufacturers Win Preemption In Mensing The Court decided 5-4 in favor of generic preemption today in Pliva, Inc. v. Mensing, No. 09–993, slip op. (U.S. June 23, 2011). We’d like to talk about Mensing, but it’s a...more

Zyprexa Litigation, et al; In Re: Injunction

Memorandum, Final Judgment, Order & Injunction

EFF is defending the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. EFF's...more

In Re: Zyprexa Products Liability Litigation

Eli Lilly & Company's Reply Memorandum in Support of its Motion to Modify & Extend the Court's 01-03-07 Temporary...

EFF is defending the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. EFF's...more

In Re: Zyprexa Products Liability Litigation

Nonparties Mindfreedom International et al's Joint Memorandum of Points & Authorities in Opposition to Eli Lilly's Request to...

EFF is defending the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. EFF's...more

In Re: Zyprexa Products Liability Litigation

(Proposed) Order for Mandatory Injunction

EFF is defending the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. EFF's...more

In Re: Zyprexa Products Liability Litigation

Eli Lilly & Company's Amended Proposed Findings of Fact Concerning the Temporary Mandatory Injunction

EFF is defending the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. EFF's...more

In Re: Zyprexa Products Liability Litigation

Eli Lilly & Company's Memorandum of Points & Authorities Concerning Its Request To Modify & Extend the Court's...

EFF is defending the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. EFF's...more

In Re: Zyprexa Products Liability Litigation

Invitation & Order by the court to New York Times reporter Alex Berenson to voluntarily appear

EFF is defending the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. EFF's...more

In Re: Zyprexa Products Liability Litigation

Response of James B. Gottstein to Order to Show Cause Issued at Behest of Defendant Eli Lilly & Company & Joinder in...

EFF is defending the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. EFF's...more

In Re: Zyprexa Products Liability Litigation

Eli Lilly & Company's Memorandum in Response to Motions Filed by John Doe, Vera Sharav, David Cohen & The Alliance for...

EFF is defending the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. EFF's...more

In Re: Zyprexa Products Liability Litigation

Supplemental Brief For Clarification of Injunction

EFF is defending the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. EFF's...more

In Re: Zyprexa Products Liability Litigation

Notice of Motion & Motion for Reconsideration or in the Alternative for Stay Pending Appeal

EFF is defending the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. EFF's...more

In Re: Zyprexa Products Liability Litigation

Notice of Motion & Memo of Law in support of the motion of Vera Sharav, Alliance for HRP, & David Cohen for an order...

EFF is defending the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. EFF's...more

In Re: Zyprexa Products Liability Litigation

Eli Lilly's Memorandum of Points & Authorities on Motion for Re-Argument of the Court's Order Extending the 12-29-06 Temporary...

EFF is defending the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. EFF's...more

In Re: Zyprexa Products Liability Litigation

Order For Temporary Mandatory Injunction

EFF is defending the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. EFF's...more

In Re: Zyprexa Products Liability Litigation

Order for Temporary Mandatory Injunction

EFF is defending the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. EFF's...more

In Re: Zyprexa Products Liability Litigation

Signed Certification of Complaince by James Gottstein

EFF is defending the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. EFF's...more

Eli Lilly& Company, Proposed Intervenors, In the Matter of Guardianship of B.B. respondent.

Eli Lilly & Company's Motion to Intervene & Quash Subpoena Duces Tecum Issued By Respondent

EFF is defending the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. EFF's...more