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6 Nov 2008, 8:45 pm
In response to the very first question (from Justice Kennedy) Wyeth's counsel stated the defendant's broad preemption position, "could they use. . .the precise label that in approving the application in 1998 the FDA required Wyeth to use, and also use the label that the Vermont jury determined should be used[?] [read post]
6 Nov 2008, 2:53 pm
Thus, the Vermont determination that Wyeth could have changed or supplemented the FDA mandated label directly conflicted with the requirements of federal law, and, accordingly, the state common law should be preempted.Edwin S. [read post]
5 Nov 2008, 3:48 am
Update 8:00 pm: 15 states just closed. 8 states to Obama. [read post]
4 Nov 2008, 5:01 pm
9:01: More states called. [read post]
4 Nov 2008, 10:44 am
Obama: California, Oregon, Washington State, North Dakota, New Mexico, Nevada, Colorado, Missouri, Minnesota, Iowa, Michigan, Wisconsin, Massachusetts, Illinois, Pennsylvania, North Carolina, New York, New Jersey, Vermont, New Hampshire, Maine, Rhode Island, Connecticut, Delaware, District of Columbia, Florida, Hawaii. [read post]
4 Nov 2008, 6:41 am
Wyeth case, which is front and center on the preemption issue.Preemption simply stated is the position that FDA approval of a drug supercedes state law claims challenging safety, efficacy, or labeling. [read post]
4 Nov 2008, 3:44 am
If you live in the district you want to represent and you gather enough signatures from people - in state Senate races, that's 100 - you can get on the ballot.Forney's name appears with 13 others on tomorrow's ballot, under the "Justice for Vermonters" party label. [read post]
3 Nov 2008, 7:50 pm
(It actually is not clear what the Vermont jury decided - see footnote 2 to the Vermont Supreme Court opinion.) [read post]
3 Nov 2008, 6:42 pm
A Vermont jury awarded her $6.7 million in damages; the Supreme Court of Vermont declined to overturn the verdict. [read post]
3 Nov 2008, 4:55 pm
Levine, has been billed as a major milestone in the effort by the pharmaceutical and other industries to free themselves of unpredictable state court tort litigation by embracing instead a single federal regulatory regime -- in short, federal pre-emption. [read post]
3 Nov 2008, 5:00 am
This misreading, Wyeth argued, undermined the Vermont Supreme Court's finding that it would be possible to comply with both the federal regulation of the drug and the state judgment. [read post]
1 Nov 2008, 5:47 pm
There are 15 states with less restrictions on felon voting than Colorado — including Maine and Vermont, where convicts are not restricted from voting in any way, and are allowed to vote from prison. [read post]
31 Oct 2008, 7:11 pm
United States, 425 U.S. 391, 408 (1976). [read post]
31 Oct 2008, 8:00 am
Vermont law (17 V.S.A. [read post]
30 Oct 2008, 4:38 pm
A Vermont jury agreed with Ms. [read post]
29 Oct 2008, 12:00 pm
In this case, a Vermont jury was nevertheless permitted to find Wyeth liable for failing. . .to eliminate IV push injection from the approved methods of administration.Wyeth principal br. at 3 (emphasis added). [read post]
29 Oct 2008, 1:40 am
Department of Agriculture for the sale of a hydroelectric power plant in Vermont. [read post]
28 Oct 2008, 8:20 pm
Bernie Sanders from Vermont and Sen. [read post]
28 Oct 2008, 9:10 am
The affected states are:Connecticut, Delaware, Massachusetts, Maryland, Maine, North Carolina, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Virginia, Vermont, and West Virginia.Here's the whole press release. [read post]
28 Oct 2008, 5:47 am
" But Senator Patrick Leahy (D-Vermont), who helped draft SOX's whistleblower clause, sharply disagrees: "Otherwise, a company that wants to do something shady, could just do it in their subsidiary. [read post]
