The U.S. Court of Appeals for the Federal Circuit has taken the unusual step of granting en banc review to address the question of whether a federal district court properly exercised its gatekeeping role under Federal Rule of Evidence 702 in a patent infringement case. More specifically, the en banc Federal Circuit in EcoFactor, Inc. v. […]
The Inflation Reduction Act’s highly politicized, misleadingly named, “Drug Price Negotiation Program,” 42 U.S.C. § 1320f et seq., is a form of government-imposed price control. Under the Program, the Centers for Medicare & Medicaid Services (CMS) selects certain “negotiation-eligible” brand-name drugs. Following a supposed “negotiation” and “agreement” with its manufacturer, each such drug can be sold within
ALF Again Argues That “Drug Price Negotiation Program” Is Unconstitutional Read More »
The U.S. Judicial Conference’s Advisory Committee on Appellate Rules has proposed amendments to Federal Rule of Appellate Procedure 29 that would hinder, rather than facilitate, the filing of amicus curiae (“friend of the court”) briefs in federal courts of appeals. Currently, Rule 29(a) permits organizations such as ALF to file a merits-stage amicus brief in a federal
ALF Urges U.S. Judicial Conference To Reject Amicus Brief Rules Change Read More »
In the consolidated Gilead Tenofovir Cases, the California Court of Appeal held that “the legal duty of a manufacturer to exercise reasonable care can, in appropriate circumstances, extend beyond the duty not to market a defective product” (emphasis added). More specifically, the court held that “a drug manufacturer, having invented what it knows is a safer, and at least equally
ALF Argues New Drug Tort Violates Sound Science & Harms The Public Interest Read More »
The certiorari petition in Nantucket Residents Against Turbines v. Bureau of Ocean Energy Management, No. 24-337, asks the Supreme Court to decide whether federal agencies can, consistent with the plain language of the Endangered Species Act, exclude from their Section 7 analysis known and available science regarding impacts on an endangered species resulting from federal
I am very grateful to be this year’s recipient of DRI’s TOM SEGALLA EXCELLENCE IN EDUCATION AWARD. The award is given to a “member of DRI whose contributions through legal scholarship exemplify the highest educational standards of the organization and further its mission of improving the skills of the defense practitioner.” DRI President Anne M.
Larry Ebner Recipient of DRI 2024 Tom Segalla Excellence in Education Award Read More »
At DRI’s 2024 Annual Meeting in Seattle, Immediate Past President Patrick J. Sweeney surpised me with a Leadership Award for my service as chair of the DRI Center for Law and Public Policy I was privileged to chair The Center during 2023 and 2024, when 150 exceptionally knowledgeable and dedicated DRI members, through committees, task
Larry Ebner Receives DRI Leadership Award Read More »
In the Paraquat Products Liability multidistrict litigation, more than 5,000 individual plaintiffs allege that they developed Parkinson’s disease as a result of their exposure to paraquat, a widely used, U.S. EPA-regulated herbicide. The cases have been consolidated for multidistrict pretrial proceedings in the U.S. District Court for the Southern District of Illinois. In four trial selection (i.e.,
AT LAST! A federal court of appeals has correctly interpreted and applied the “parallel requirements” exception to federal preemption of pesticide-related failure-to-warn claims. Read my Law360 Expert Analysis of the Third Circuit’s August 15, 2024 decision in Schaffner v. Monsanto.
Third Circuit Roundup® Ruling Is Roadmap For Preemption Of Failure-To-Warn Claims Read More »
FDCC’s “Friday 5” newsletter for August 30 includes my article discussing why the U.S. Judicial Conference’s Proposed Amicus Brief Amendments Are Unfriendly To The Civil Defense Bar. The article explains that the pending proposal to amend Federal Rule of Appellate Procedure 29 would require all non-governmental amicus briefs submitted to federal courts of appeals to
