• Product Liability

    Georgia Court of Appeals: Failure to warn, misbranding claims brought against generic metoclopramide makers not preempted

    State law claims for failure to warn and misbranding brought by two consumers of metoclopramide against the manufacturers of the generic drugs they used were not preempted, the Georgia Court of Appeals said in reversing in part a trial court’s decision to dismiss the claims. However, dismissal of the patients’ claims for the generic maker’s […]

    0 Comments / / Nov 30, 2015 at 12:27 PM
  • Product Liability

    California Southern District Court: Manufacturers overcome state failure-to-warn claims in diabetes drug MDL

    State law failure to warn claims against the manufacturers of four anti-diabetic medications alleged to cause pancreatic cancer were preempted by federal law, a federal district court in California held. These state law claims were preempted because they conflicted with federal law labeling requirements and that the manufacturers had successfully established by clear evidence that […]

    0 Comments / / Nov 17, 2015 at 5:43 PM
  • Screen Shot 2015-11-09 at 3.44.01 PM


    Perrigo resists acquisition despite Mylan, FTC settlement

    Global generic and specialty pharmaceuticals company Mylan N.V. has agreed to divest seven generic drugs, settling FTC claims that Mylan’s proposed $27 billion acquisition of generic drug maker Perrigo Company plc would be anticompetitive, in violation of Section 7 of the Clayton Act and Section 5 of the FTC Act. While Mylan remains optimistic in […]

    0 Comments / / Nov 9, 2015 at 4:59 PM
  • syringe lethal injection death penalty Above the Law legal tabloid

    Supreme Court

    Justice Alito Looks Facts In The Face, Says, ‘Whatever.’

    Justice Alito’s opinion in today’s death penalty case may not have been a surprise, but his unwitting undermining of conservative values was a surprise twist.

    55 Comments / / Jun 29, 2015 at 2:02 PM
  • OMAHA -- June 4, 2014.


    Non-Sequiturs: 05.28.15

    * Nebraska banned the death penalty. Does this signal a new conservative opposition to the practice? Well, is there a way this can make private prison lobbyists more money? Because then, yes. [FiveThirtyEight]

    * The best way to sway a Supreme Court justice? Represent clients that the justices have financial stakes in. [Fix the Court]

    * Pharmaceutical companies are peeved that lawyers are using Facebook to identify class action plaintiffs. Why aren’t people content to suffer grievous injury for the sake of profits anymore? [Bloomberg Business]

    * Now you can know for sure if your job will be replaced by a robot. Good news, lawyers! Unfortunately, I don’t think this thing’s taking into account document reviewers. [Postgrad Problems]

    * Jawbone is accusing Fitbit of poaching workers to steal its technology. Ten points to the tipster for the line: “Think this will all work out?” [Slate]

    * Two Biglaw partners from rival firms have joined forces on a new challenge Native American adoption rules. It helps that they’re married to each other. [National Law Journal]

    * An interesting perspective: “innovation” is more than technology, and it starts with debt relief. [Rawr]

    * A former state senate candidate charged with witness tampering. At least he’s got experience with the system — his dad’s political career ended in a hail of guilty pleas too. [Nashoba Publishing]

    * Brace yourselves for a shocker, but Biglaw is failing women. [The American Lawyer]

    * David Gans on the upcoming “one person, one vote” claim. The proposition at issue, that representation is based on “voters” not “persons,” is so laughably unconstitutional the Court is clearly just trolling us at this point. I mean, putting aside the horrible racism, isn’t the 3/5ths compromise pretty compelling evidence that the Founders meant to count people who didn’t vote? [Constitutional Accountability Center]

    15 Comments / / May 28, 2015 at 5:31 PM
  • 800px-Flag_of_Canada.svg

    Affirmative Action, Amy Schulman, California, Canada, Football, Gay, Gay Marriage, Law Schools, Non-Sequiturs, Patents, Prostitution, Women's Issues

    Non-Sequiturs: 12.20.13

    * A federal judge just struck down Utah’s ban on same-sex marriage. [Salt Lake Tribune]

    * After striking down Canada’s anti-prostitution laws, our neighbors to the North went ahead and approved a law school that functionally bans gays. What’s going on up there? Play keep away with the Stanley Cup for 20 years and they just lose their damn minds. [TaxProf Blog]

    * Chief Judge Alex Kozinski objects, but nobody wants to hear it. [Josh Blackman’s Blog]

    * Professor Richard Sander won the right to examine law school race, attendance and grade information, in a bid to prove his central theory that affirmative action somehow hurts black folks. I guess the California Supreme Court is on Team Sander. [San Jose Mercury News]

    * Amy Schulman, the powerful general counsel at Pfizer, is out — and now there’s some interesting speculation as to why. [Law and More]

    * So now everyone’s writing legal opinions over Fantasy Football trades. [BigLaw Rebel]

    * Jim Harbaugh gets all his legal acumen from Judge Judy. Next thing you know he’ll be objecting to “What’s your deal?” for lack of foundation. [ESPN]

    * Speaking of Jennifer Lawrence, she can probably help with your International Law final. [The Onion]

    * There’s a rundown of the top patent law stories of 2013 on the web next month. And there’s CLE to be had! [Patently-O]

    1 Comment / / Dec 20, 2013 at 5:03 PM
  • iStock_000013970496XSmall-RF

    Patents, Technology

    Using Patents To Needlessly Drive Up Healthcare Costs: The Economic Impact Of Evergreening Drugs

    That “New and Improved” drug coming off patent might just be a cheap trick to get another patent.

    15 Comments / / Jul 19, 2013 at 3:08 PM
  • Supreme Court SCOTUS photo by David Lat

    11th Circuit, Antitrust, Drugs, Intellectual Property, Patents, SCOTUS, Supreme Court

    When Buying Off A Litigant Is Also Buying Off A Competitor

    According to the Supreme Court, sometimes settling a lawsuit can create an antitrust problem. How?

    8 Comments / / Jun 18, 2013 at 10:15 AM
  • Accounting / Accountants, Drugs, In-House Counsel, Litigators, Music, Plaintiffs Firms

    Inside Straight: Learning Who To Hate

    Cops learn to hate people. Basically everyone they encounter is a criminal, so cops soon come to believe that everyone is a criminal. Litigators — or perhaps litigators who are repeat players in a particular field — learn to hate people. Personal injury insurance defense counsel come to believe that all plaintiffs are lying fakers. […]

    18 Comments / / Jan 5, 2012 at 11:24 AM
  • Amy Schulman, Biglaw, Drugs, In-House Counsel, Litigators, Williams & Connolly

    Inside Straight: Pfortune On Pfizer

    Columnist Mark Herrmann thinks that you should read the long piece in Fortune magazine about the rise and fall of Jeff Kindler as the CEO of Pfizer because it gives some insight on life as an in-house attorney….

    12 Comments / / Aug 1, 2011 at 10:18 AM
  • In-House Counsel, Merck, Money, Skaddenfreude, Vioxx

    Skaddenfreude: In-House Salaries, Please

    This item, from yesterday’s WSJ Law Blog, caught our eye: As the 11th Vioxx trial got underway yesterday in federal court in New Orleans, Merck disclosed in an SEC filing that it’s giving its general counsel Kenneth Frazier a raise and a promotion, effective Nov. 1. The GC who will forever be associated with the […]

    0 Comments / / Nov 1, 2006 at 9:58 AM