ATRA’s statement on passage of Amendment 1 to Illinois House Bill 3360
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.
ATRA’s statement on Amendment 1 to Illinois House Bill 3360
ATRA President Tiger Joyce released the following statement in response to the unprecedented attack on the U.S. Capitol building on January 6:
ATRA voices its disappointment as Congress fails to include liability protections in its latest COVID-19 relief package.
ATRA President Tiger Joyce writes in this op-ed about a growing trend of state courts bucking SCOTUS precedent when it comes to personal jurisdiction.
Activism in AG’s office, Supreme Court’s acceptance of lawsuit funding and loose venue rules to blame