Civil Law

Consumer Expectations Test Cannot Save Design Defect Claim from Preemption

When we see a court dismiss a pharma product liability case on preemption grounds, we simply have to write about it.  Otherwise, we’d be required to turn in our bar card, our defense hack card, and our friendly neighborhood DDL blogger card.  

In Polson v. AstraZeneca Ltd. Partnership,  2023 WL 2770687 (D.Conn. April 4, 2023), the plaintiff had taken medicine to address constipation caused by opioid pain treatments. She alleged that the anti-constipation medicine caused her to suffer life threatening … Read the rest

Supreme Court

Preemption, Bivens, conflicts of interest, and free exercise

Preemption, <em>Bivens</em>, conflicts of interest, and free exercise

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The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

There was an unusual amount of turnover this week. On Friday afternoon, the Supreme Court granted review in five relisted cases, four of them involving the Environmental Protection Agency’s authority to regulate greenhouse gases, the fifth involving the ability of states to intervene to defend the Trump administration’s “public charge” immigration rule. Then, … Read the rest