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30 Nov 2007, 7:07 am
One half of your dynamic blogging duo -- Herrmann, of Jones Day -- will argue Ackermann in the Fifth Circuit, where the learned intermediary doctrine is the primary ground for affirming a trial court's grant of summary judgment in favor of a drug manufacturer, but implied conflict preemption and fraud-on-the-FDA preemption (in the context of the Texas Civil Practice and Remedies Code) are alternative grounds for affirmance.On Tuesday, December 4, Ted Olson of Gibson, Dunn… [read post]
28 Nov 2007, 7:59 am
Not to be outdone, I spent most of that day writing a musical (and I'd like to think, poetic) version of Pinter v. [read post]
28 Nov 2007, 7:08 am
Louis, MO 63103 Phone: (314) 241-3464 Fax: (314) 371-0000 E-mail: mogoodwill@mo-goodwill.org Web: http://www.mersgoodwill.org Healthcare Family Voices Missouri Sarah Zerr Phone: (816) 455-2977 E-mail: shzkcmo@aol.com The state's Title V agency will soon have a Family Advisory Council, led by a parent facilitator, who provide information and support to parent groups in Missouri, and will also ensure the family perspective and input on major Title V decisions affecting… [read post]
25 Nov 2007, 9:02 pm
Clearly another job for the Marshall, Texas courts [SE Texas Record; Point of Law; more] Bench trial results in $55 million verdict against U.S. government after Army employee on business runs red light and paralyzes small child [OC Register] Vision in a purple Gremlin: her Yale Law days shaped Hillary in many ways [Stearns/McClatchy] Zero tolerance for motorists' blood-alcohol -- are we sure we want to go there? [read post]
22 Nov 2007, 6:42 am
By 1979, on the other hand, New Right advocates formed a powerful political coalition with an (in those days) unlikely alliance of Protestant evangelicals and Catholics; this new coalition used abortion and Roe v. [read post]
22 Nov 2007, 12:13 am
The Schwab case represents the latest showdown over whether pending executions should be postponed until after the Supreme Court has heard and decided the Kentucky case, Baze v. [read post]
16 Nov 2007, 4:00 am
Justice Michel Bastarache, of the Supreme Court of Canada, criticized that court for the 2004 decisions in the Monsanto Canada Inc. v. [read post]
15 Nov 2007, 10:15 pm
Ted Frank has a good round up of analysis on the potential problems spots at Point of Law; And Howard Erichson reports on a plaintiffs-only conference to discuss the settlement;From the miscellaneous category: New York State practitioners should take note of a reversal in Raffellini v. [read post]
15 Nov 2007, 9:05 am
Keisler Issue: Whether the 180-day deadline to file a motion to reopen an in absentia removal order is jurisdictional or, alternatively, may be tolled based on ineffective assistance of counsel. [read post]
14 Nov 2007, 5:20 am
Oct. 2, 2007) (granting stay of execution to consider whether the current method of lethal injection in Texas violates the Eighth Amendment). [read post]
12 Nov 2007, 9:04 am
  No troll cartoons, unfortunately, but it was fun to watch Hilda talk about the SanDisk v. [read post]