Category Archives: Preemption
“Shit, just ship it.” That sums up why I became a lawyer.
Whether you call them sock puppets, flacks, or lickspittles, there are a ton of people out there who just can’t or won’t believe that big corporations ever act irresponsibly. To them I say, “Shit, just ship it!” Those were the words of Peanut Corp. of America owner Stewart Parnell when he decided against waiting for [...]
The Menaflex Debacle Proves That Preemption Is Bad Policy
The tort “reform” crowd often argues that if a federal agency approves a product, the manufacturers of that product should be immune from suit. For instance, drug manufacturers always argue that since the FDA said that a drug was safe and effective, then the drug is safe and effective and no one should be able [...]
Check out this interview with David “No Preemption” Frederick – the guy who won Wyeth v. Levine
I have a new hero… Scott Drake talks with David Frederick who represented Diana Levine in the Wyeth Supreme Court case. Frederick talks about how the case was won and the challenges of arguing before the Supreme Court. Source: Counsel for Diana Levine…David Frederick – Legal Broadcast Network Blog Page – Legal Broadcast Network Blog [...]
Three Great Events to Check Out Next Week If You’re in Michigan
My good friend Henry Greenspan told me about the following events: 1. Tuesday, March 24th: "The Vioxx Drug Catastrophe: A Story of Ethical and Regulatory Failure." Talk by veteran pharmaceutical executive and consultant, Tom Nesi, author of, _Poison Pills: The Untold Story of the Vioxx Drug Scandal_. UM Biomed Science Research Aud (the "pringle"), Noon [...]
More battles over drug preemption – this time in Oklahoma
I got the following email and thought it was worth posting: From the Oklahoma House of Representatives press office: On the same day that the Republican-led House of Representatives passed legislation increasing federal control over the local judiciary, the U.S. Supreme Court made a ruling in total opposition. Last Wednesday the House passed HB1603, a [...]
