Pro Te: Solutio returns for its second edition of 2019. As the year grinds on, our attorneys at Butler Snow are taking proactive and creative steps to confront and solve the issues that affect our areas of practice.

The first article is A New Look at The Doctor Deposition. In this article, we address the need to change our deposition styles to conform to changes in the medical field. This article offers examples of more effective lines of questioning, and challenges practitioners to step outside of comfort zones in order to elicit better and more informative testimony.

No Way Around It addresses “special assistance and permission” preemption and its applicability beyond generic drug cases. This article includes the untapped potential of such preemption in defending against plaintiffs’ claims.

Our final article, Express Preemption of Consumer Protection Actions, delves into express preemption in the context of state consumer protection actions. Specifically, it addresses how express preemption provisions of the FDCA provide a potent defense against state law causes of action by emphasizing against patchwork State drug and device requirements.