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7 Nov 2014, 5:52 am
  By our count, federal judges have trampled over state sovereignty with respect to the heeding presumption in no fewer than eleven states – Alaska, Colorado (despite contrary state-court authority), Georgia, Hawaii, Illinois, Iowa, Kentucky, Maine, New York (despite contrary state-court authority), South Dakota, and Wyoming.Finally, because various states have taken quite different approaches to whether a heeding presumption exists at all and… [read post]
15 Oct 2014, 10:08 am
Ohio 2002), and whose former Chief Judge held design defect claims for a branded drug preempted four years before Bartlett in Longs v. [read post]
13 Oct 2014, 4:05 am by Howard Friedman
Brownstein, Constitutional Myopia: The Supreme Court's Blindness to Religious Liberty and Religious Equality Values in Town of Greece v. [read post]
24 Sep 2014, 4:21 pm by Joe Consumer
Mensing and Mutual Pharmaceutical Co. v. [read post]
5 Aug 2014, 9:45 am
It’s also a point that Judge Edwards made in his opinion respecting the denial of en banc review in Bartlett v. [read post]
21 Jul 2014, 12:06 pm
 In Bartlett, the Court extended the principles in Mensing to cover state defective-design laws. [read post]
18 Jul 2014, 11:55 am
June. 13, 2013), holding essentially that, since those meanies on the United States Supreme Court aren’t letting plaintiffs sue generic manufacturers, we’ll change Alabama common law and let them sue someone else. [read post]
30 Jun 2014, 11:04 am
  In support of their argument, defendants cite the recent United States Supreme Court case of Mutual Pharmaceutical Co., Inc. v. [read post]