Searching Content indexed under Food and Drugs Law by Reed Smith ordered by Published Date Descending.
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Utah Decision Yields Decidedly Mixed Results
We had been waiting for the Utah Supreme Court's decision in Burningham v. Wright Medical for some time. As we pointed out in a blogpost when Burningham was first certified by the district court
United States
12 Sep 2019
Recent Traction In FDA's Development Of The 503A And 503B Bulks Lists
Just as the U.S. Food & Drug Administration ("FDA") promised in its 2019 compounding priorities statement, FDA published a notice and proposed rule in the Federal Register
United States
11 Sep 2019
Shameless Plug: Discount Code For Our Readers To 2019 ACI Drug & Device Conference
As your bloggers – at least those without school-aged children – begin to mourn the dawning end of summer, we do at least see one bright spot in the ever-shortening days
United States
10 Sep 2019
A Second Lipitor Cert Petition, This Time Raising Personal Jurisdiction
California courts continue to find ways to exercise personal jurisdiction over out-of-state defendants, even when there is little or no dispute that the Constitutio
United States
9 Sep 2019
Telemedicine And The Learned Intermediary Rule
Somebody asked Bexis the other day whether he thought that the increasing reliance on "telemedicine" – physician consultations taking place online,
United States
4 Sep 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
Prescription Medical Product Causation – Expert Required − Part Three
Because we didn't want to split Pennsylvania, this part is a little longer, and part two a little shorter, than average.
United States
27 Aug 2019
Hip Hip Hurray For D.Utah Rulings In Hip Implant Case
Today's post looks at a case where a defendant was in the wrong place. You might say the same thing about us. As you read this, we are on summer holiday.
United States
23 Aug 2019
Prescription Medical Product Causation – Expert Required – Part Two
What follows is the second part of our extensive 50-state of cases precluding plaintiffs from proceeding with claims in the absence of admissible expert support. Part One was last week.
United States
22 Aug 2019
Tenth Circuit Finally Shuts The Door Completely On Cerevny
We've been posting about this case since 2016 when the district court first dismissed plaintiff's failure to warn claim as preempted on the grounds that there was clear evidence the FDA would have rejected the warning...
United States
21 Aug 2019
CMS Proposes 2020 Medicare OPPS And ASC Update, Floats Plan For Hospital Disclosure Of Payer-Specific Prices
The Centers for Medicare & Medicaid Services (CMS) has published its proposed Medicare Hospital Outpatient Prospective Payment System (OPPS) and Ambulatory Surgical Center (ASC)
United States
16 Aug 2019
Prescription Medical Product Causation – Expert Required – Part One
We recently blogged about the final chapter (at the district court level, anyway) of the big defense win in the Mirena MDL.
United States
14 Aug 2019
Silicone Implant Defendants Prevail On Fraudulent Joinder And Preemption
Offhand, we cannot think of opinions we have blogged on that pleased us more than today's cases, Jacob v. Mentor Worldwide, LLC, et al., 2019 WL 3500325 (C.D. Cal. Aug. 1, 2019) and Vieira v. Mentor Worldwide, LLC,...
United States
8 Aug 2019
Preemption Highlights
Bexis attended the recent Rolling Stones concert in Philadelphia – the first time he'd seen them live since 1975. The highlights: while they're really old
United States
8 Aug 2019
Pennsylvania Now Permits Medical Marijuana Use For Anxiety And Tourette Syndrome
On July 20, 2019, Pennsylvania expanded its list of 17 "serious medical conditions" that qualify for medical marijuana usage under the Pennsylvania Medical Marijuana Act (MMA) to now include anxiety and Tourette Syndrome.
United States
8 Aug 2019
FDCA-Based California Case Preempted As Private Enforcement
In a significant preemption decision clipping the wings of California consumer protection plaintiffs, two identical decisions:
United States
1 Aug 2019
Vaccine Act Dismissal Affirmed—An Intended Component Cannot Be A "Contaminant"
We received positive feedback on our recent post on the Vaccine Act, so a recent Sixth Circuit opinion affirming a dismissal under the Act caught our eye
United States
31 Jul 2019
Vaping Companies Take A Hit From The FTC And FDA Over Social Media Endorsements
Earlier this month, the Federal Trade Commission ("FTC") and the U.S. Food and Drug Administration ("FDA") issued joint warning letters to four companies that market flavored e-liquid (vaping) products.
United States
31 Jul 2019
Wrong Court
On practically no issue has this Blog been more insistent than on the principle of Erie conservatism when federal courts sitting in diversity undertake to "predict" state tort law.
United States
31 Jul 2019
Review State Cannabis Regulations For Insurance Requirements
Insurance requirements for cannabis-related businesses vary from state to state.
United States
29 Jul 2019
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