Searching Content by James Beck ordered by Published Date Descending.
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Direct To Prescriber Off-Label Communication Ethical Under New AdvaMed Guidelines
We've been waiting quite a while for the FDA to modernize its positions on the truthful off-label communications by regulated manufacturers.
United States
20 Feb 2019
Innovator Liability – Pandemonium Or Paper Tiger?
Ever since innovator liability burst onto our consciousness a decade ago with the horrific decision in Conte v. Wyeth, 85 Cal. Rptr.3d 299, we have had nightmares about the potential impact of this theory.
United States
15 Feb 2019
More MDL Dysfunction
Congress authorized multidistrict litigation "for the convenience of parties and witnesses" and to "promote the just and efficient conduct of such actions." 28 U.S.C. ง1407(a).
United States
8 Feb 2019
Clone Wars
Defendants in prescription medical product liability litigation are at an inherent disadvantage in discovery already.
United States
31 Jan 2019
Listen Up Youse Guys − The Fastest Way Out Of Pennsylvania's Deep End
Courts holding otherwise must be channeling John C. Calhoun.
United States
30 Jan 2019
Breast Implant Litigation – The Defense Wins A … Couple
It was a Merry Christmas and a Happy New Year for Tucker Ellis' Dustin Rawlin and his breast implant defense team – and they were considerate enough to share it with us.
United States
24 Jan 2019
Personal Jurisdiction Wins Cases – Part Many
That part of this title is borrowed from a fellow blogger's post does not at all detract from its fundamental truth
United States
18 Jan 2019
Shameless Plug – Bexis' Latest WLF Publication
Last week Bexis published a Legal Backgrounder for the Washington Legal Foundation, entitled "Recent Rulings Establish New Beachheads For Preemption In Drug And Device Product Liability Litigation."
United States
17 Jan 2019
Albrecht Oral Argument – Better Us Than Them
We've reviewed the transcript of the oral argument in Merck Sharp & Dohme Corp. v. Albrecht, No. 17-290 (U.S.), e.g., the United States Supreme Court appeal from the horrible decision in In re Fosamax (Alendronate Sodium) Products Liability Litigation.
United States
16 Jan 2019
Another Dormant Commerce Clause Win
We've blogged a number of times about the Dormant Commerce Clause ("DCC") as an additional basis for bolstering both preemption and Due Process arguments.
United States
10 Jan 2019
Shameless Plug – CLE Webinar on Best/Worst Cases Of 2018
Over the past few weeks, our loyal readers have descended into "The Lows" and then climbed to "The Highs" with us as we reviewed the 10 worst and 10 best cases of 2018.
United States
10 Jan 2019
The Latest On Predictive Coding
We last reviewed the case law on predictive coding (also called "technology assisted review" ("TAR")), about 2 ฝ years ago. Back then, we concluded:
United States
9 Jan 2019
On "Buckmanizing" The Controlled Substances Act
This isn't the first time, but the Blog has a problem with its reporting on cases decided in the ongoing "Opioid" litigation.
United States
8 Jan 2019
Two Thumbs Up − The Ten Best Prescription Drug/Medical Device Decisions Of 2018
Ending the year on a high note is one thing that the Blog tries to do – with the top ten drug/device product liability decisions of the year.
United States
7 Jan 2019
Guest Post − Peering Behind The Curtain: Taking A Closer Look At Peer Review And Predatory Journals
This guest post is from long-time friend of the blog Bill Childs, from Bowman & Brooke, who also wishes to thank Elizabeth Haley for research assistance.
United States
4 Jan 2019
Rotten Tomatoes − The Worst Prescription Drug/Medical Device Decisions Of 2018
When we're trying to decide whether to see a movie, one place we turn for advice is the Rotten Tomatoes website.
United States
3 Jan 2019
Breaking News – Arizona Supreme Court Repudiates Stengel
We've always hated the Ninth Circuit's decision in Stengel v. Medtronic Inc., 704 F.3d 1224 (9th Cir. 2013) (applying Arizona law),
United States
27 Dec 2018
FDA Generic Labeling Proposal – Six, Two, And Even, Over And Out
We opposed the FDA's ill-advised 2013 proposal to revamp the process for changing generic drug labeling from the outset.
United States
20 Dec 2018
FDA De Novo Device Classification Process & Preemption
The FDA has recently released a proposed rule "to establish requirements for the medical device De Novo classification process" provided in 21 U.S.C. ง360c(f)(2). FDA
United States
14 Dec 2018
A Couple Of MDL Ideas From The Recent ACI Drug/Device Conference
Late last month Bexis attended the annual ACI Drug and Medical Device Conference in New York. In between helping to lead the discussion in the pre-conference Defense Counsel War Room...
United States
11 Dec 2018
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