Bill on seat belt admissibility heads to Governor
Cerveny v. Aventis
(10th Cir., filed September 19, 2016): Arguing that courts must ask whether federal law authorized the defendant to do what the plaintiff claims state law required when assessing conflict preemption. Also argues that federal law authorizes a drug manufacturer to change its FDA-approved label only in limited circumstances.
On May 2, 2017, the Court ruled in favor of ATRA’s position and affirmed the lower court’s decision granting summary judgment. The Court held that the FDA’s rejection of a citizen petition containing arguments virtually identical to the plaintiffs’ constitutes “clear evidence” that the FDA would not have approved plaintiffs’ proposed warning.
SCOTUS Determining Whether to Hear Appeal by Defendant
Writing for The Hill, ATRA President Tiger Joyce discusses the Biden administration’s plans to allow a settlement slush fund and issues the practice has caused at the state level.
ATRA President Tiger Joyce writes about issues with a landmark talc case in Missouri and how the U.S. Supreme Court can step in.
Trial lawyers’ spending on covid ads last year surpassed $260,000