After years of limited guidance, the Supreme Court has finally provided direction to lower courts on the issue of preemption when they delivered their opinion in Merck v. Albrecht. “Preemption” is a common defense used by defendants in pharmaceutical mass tort litigation. Through this defense, pharmaceutical companies argue that the state law causes of action are preempted by the Food and Drug Administration’s (FDA) control over drug and medical device approval and labeling.
I sometimes ask people how they define innovation. The answers I get— whether I’m asking a CEO, a judge, or a cab driver—are generally along the lines of “making something new.” While that is certainly true, it is also certainly not precise.read more
Mass tort litigation can be complex. Plaintiffs’ attorneys handling such litigation can face daunting up-front costs for client outreach and screening, document collection, file organization/retention, and infrastructure setup. Complicating matters is the sheer number of clients, the geographic area over which they may be dispersed, the time span across which their injuries took place, and the factual disparities in their cases.read more