Amarin v. FDA: First Amendment Victory For The Pharmaceutical Industry

August 10, 2015

Over the past few months, I’ve blogged on the back and forth briefing between Amarin Pharma, Inc. (“Amarin”) and the FDA regarding the prosecution of off-label promotion of Amarin’s drug, Vascepa, and the resulting First Amendment concerns.  See May, June, and July Posts.  As a quick recap, Amarin commenced an action against the FDA claiming that […]

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Need A Doctor? You May Also Need an Expert

August 6, 2015

In February, we reported on the Ninth Circuit’s decision in Nelson v. Matrixx Initiatives, Inc. that granted defendant’s motion for summary judgment based on plaintiff’s failure to prove specific causation through expert witness testimony in a toxic tort case.   See article.   Last week, the Seventh Circuit reinforced that holding, clarifying that an expert witness was […]

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Just a Spoonful (or 12) of Sugar: FDA Expands Proposed Labeling Rule

August 5, 2015

As I  previously reported, the U.S. Food and Drug Administration proposed major changes to food labels in early 2014 in order to bring nutrition labels more in line with the reality of the modern American diet, and to bring awareness to what and how much we are actually consuming. Perhaps the most controversial change to […]

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Seventh Circuit Permits Removal Of Airplane Crash Based on Admiralty Jurisdiction

July 28, 2015

What does it take to remove a product liability suit to federal court?  For Boeing, all it took was a few seconds of flying over water.  That’s what the Seventh Circuit Court of Appeals recently concluded in Lu Junhong v. Boeing Co., a case that potentially makes it easier for tort defendants to establish federal admiralty […]

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New “Fracking” Study A Reminder Of Plaintiffs’ Causation Burden

July 24, 2015

Recently, we posted a link to an article we published in the National Law Journal with Yvette W. Lowney of Exponent discussing causation issues in the context of fracking litigation.  In the article, we reviewed published studies and concluded that “taken together, the available literature contains no studies that definitively link measurable adverse human health […]

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