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National Law Journal

Merck Asks SCOTUS to Reject 'Unduly High Hurdles' in Federal Pre-emption Cases

On Thursday, Merck urged the Supreme Court to clarify its "clear evidence" holding in Wyeth v. Levine and reverse a 2017 decision that reinstated more than 500 cases over its osteoporosis drug Fosamax.
5 minute read

Litigation Daily

'Low Testosterone' Cases Come to an End Via Settlement

After kicking off with two verdicts awarding over $140 million, the docket of more than 6,000 cases alleging "low testosterone" treatments caused heart attacks and bloodclots comes to an end in a global settlement.
3 minute read

Litigation Daily

Litigator of the Week: Alexandra Walsh Keeps Xarelto Winning Streak Alive

Wilkinson Walsh + Eskovitz co-founder Alexandra Walsh takes the crown as Litigator of the Week, persuading a Philadelphia jury to find for the defense in a bellwether trial involving the blockbuster blood thinner Xarelto.
8 minute read

National Law Journal

Eye Drop Consumers Have Standing but No Case, First Circuit Rules

The case is one of at least six that Public Justice, a national nonprofit legal advocacy organization, has brought on behalf of consumers of eye drops.
7 minute read

Litigation Daily

Widow of Reed Smith Partner Loses $3 Million Verdict on Appeal

A Chicago jury's $3 million award to the widow of former Reed Smith partner Stewart Dolin has been dismissed after an appeals court held that GlaxoSmithKline was prevented by the FDA from adding a suicide warning to the label for Paxil.
4 minute read

The Legal Intelligencer

Emerging Alcohol Categories: The Strange Case of Hard Seltzer

Over the past several years, a new category of alcoholic beverage has emerged known as “hard seltzer.”
7 minute read

New Jersey Law Journal

Court Axes Accutane Suits, Adopts 'Daubert' Standard for Expert Reports

In the ruling, the court adopted the standard set by the U.S. Supreme Court's 1993 decision, "Daubert v. Merrell Dow Pharmaceuticals," which sets a high standard for the use of experts in products liability cases—more stringent than New Jersey's Rule of Evidence 702.
1 minute read

The Recorder

Calif. Appellate Court: Breakfast Cereals Don't Need Cancer Warning Labels

"Here, the FDA's policy ... is that no Proposition 65 warning for acrylamide should be placed on foods, including breakfast cereals, unless and until the science supports such a warning," Second District Associate Justice Victoria Gerrard Chaney wrote.
1 minute read

The Recorder

Coffee Anyone?: How Sound Legal Conclusions Can Break With Science Under Prop 65

On June 15, the California Office of Environmental Health Hazard Assessment (OEHHA), which implements and administers California's Proposition 65 program, made an unexpected pivot and proposed a new regulation clarifying that cancer warnings are not required for coffee under Proposition 65.
2 minute read

The Recorder

E-Cigarette Maker Bums New CLO From Biopharma Celgene

San Francisco-based JUUL Labs Inc. announced Thursday that Gerald “Jerry” Masoudi has been named chief legal officer, effective July 9. Most recently, Masoudi was executive vice president, general counsel and corporate secretary at Celgene Corp. He once served as chief counsel of the U.S. Food and Drug Administration.
1 minute read

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