Civil Law

Legislators want the FDA to be able to test samples from feed lots during outbreaks

Two U.S. legislators have introduced a bill that would give the FDA the ability to collect microbial samples at feed lots during foodborne illness outbreaks.

Representative Rosa DeLauro, D-CT, and Sen. Cory Booker, D-NJ, want the Food and Drug Administration to be able to investigate foodborne illness outbreaks, or when there is a public need, involving crops that are close to concentrated animal feeding operations (CFAOs). They say the investigative tool is also needed because of the spread of bird … Read the rest

Supreme Court

Colorado man’s First Amendment challenge will test the scope of protection for threatening speech

Colorado man’s First Amendment challenge will test the scope of protection for threatening speech

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There is no dispute that the Facebook messages Billy Raymond Counterman sent to local Colorado musician Coles Whalen made her feel afraid. For years, Counterman sent increasingly menacing messages in which he suggested that he had seen Whalen – who is identified only by her initials in court documents, but who has discussed the case on her website – while driving and made comments such as “Die” and “Fuck off permanently.” Whalen told a family member that she was

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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