Searching Content indexed under Food and Drugs Law by Eric Alexander ordered by Published Date Descending.
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Federal Oversight For Plaintiff Lawyer Advertising
We write mostly about decisions in cases, with those mostly coming from judges. Occasionally, we will also comment on articles, amicus briefs, and official government pronouncements.
United States
7 Oct 2019
Mixed Treatment Of Clinical Trial Liability On Summary Judgment
A little knowledge is a dangerous thing. A jack of all trades is a master of none. These cutesy little phrases throw some derision toward one who
United States
30 Aug 2019
Smoked Turkey For Barbecue Season
Our days of the week are mostly named based on Norse mythology, but our months are firmly Roman.
United States
20 Jun 2019
Double Dose Of Delaware Summary Judgment
There will come a time when there is no such thing as the local radio station.
United States
3 May 2019
The Ripples Of The Fosamax Reversal
If we were to recap briefly our reactions to the Levine decision and ten years of decisions attempting to apply it, then we might say something like this.
United States
15 Mar 2019
The First Circuit Creates Havoc By Ignoring Facts And An Elephant In The Room
We all know the phrase "the elephant in the room."
United States
13 Feb 2019
Nutty Cosmetic Class Crushed
We may not know much about skin care, but we know a thing or two about labeling claims.
United States
17 Jan 2019
The DOJ Lashes Out At Qui Tam Abuse
What follows is a guest post from Joe Metro and Andy Bernasconi of Reed Smith. Andy has some experience with the guest post gig (here and here) ...
United States
7 Jan 2019
Trying To Make A Food Labeling Claim Stick
Our last post talked about carbohydrate-rich Thanksgiving food. Today, we are talking about a putative class action on the labeling of certain diet foods, particularly in regard to "net carbs"
United States
19 Dec 2018
A Twist On The Old One-Two Punch
Not terribly long ago, we had a series of posts that recounted court decisions rejecting efforts to impose liability on a generic manufacturer for the standard design and labeling claims and/or on an NDA...
United States
8 Nov 2018
Clinical Trial Liability Revisited, Briefly
There was a time when we paid quite a bit of attention to the circumstances under which a participant in a clinical trial could impose liability on the sponsor of the clinical trial.
United States
18 Oct 2018
Discovery Sanctions Affirmed After Plaintiff Lost Summary Judgment
Just two weeks ago, we largely praised an MDL court's handling of sanctions for a plaintiff's stonewalling in response to discovery obligations, but thought the plaintiff ...
United States
21 Sep 2018
United States
6 Sep 2018
Fourth Circuit Affirms The End Of MDL For Lack Of Competent Causation Evidence
It has been said, with maybe a bit of sarcasm, that a company developing a drug hopes that its drug will become successful enough to attract frivolous lawsuits.
United States
3 Jul 2018
This Is How It Is Supposed To Work: Summary Judgment On Claims About The Adequacy Of Extensive, FDA-Approved Warnings
Prescription drug manufacturers are not insurers of injuries sustained while taking their products. Even in the most plaintiff-friendly jurisdictions, there needs to be some fault—whether framed in negligence, ...
United States
11 May 2018
Off-Label Marketing MDL Winds Down With Some Summary Judgment
We have written extensively on the travesty of the Neurontin trilogy (like here and here) and noted how the plaintiffs' efforts to fit cases based on alleged off-label promotion ...
United States
15 Feb 2018
Ending The Year With Another Good Personal Jurisdiction Decision
Having already issued our posts on the best and worst cases of 2017, we will resist the temptation to comment on the year as a whole, particularly on the powder keg that is politics.
United States
3 Jan 2018
Non-News: Warnings Claims For A Generic Drug Preempted (Still)
We can be inundated with news. Old news. New news. Fake news. Breaking news. News that makes you want to break something. News that makes you want to go back to bed.
United States
15 Nov 2017
Staying The Course In A Mississippi Drug Case
These are just a few of the labels we have applied to the authors of this Blog.
United States
26 Oct 2017
Off-Label Marketing Case Tossed
Implied Preemption. Off-label promotion. TwIqbal. They make up a core of our posts, yet we never seem to tire of them.
United States
3 Oct 2017
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