West Virginia Legislative Session Produces Batch of Legal Reform Bills Signed by Gov
Governor Jim Justice signs four key bills aimed at improving the state’s civil justice system
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.
Latest News
View all news
Louisiana Trial Lawyers Spend Big on Ads Across the State
State Senator from Shreveport-Bossier seeks to curb over-the-top, dishonest ads
West Virginia Bill Could Empower Juries With More Relevant Evidence
Bill on seat belt admissibility heads to Governor
Brief Calls Out Joining Dissimilar Claims in Missouri Talc Suit
SCOTUS Determining Whether to Hear Appeal by Defendant
Florida Enacts Covid Liability Protections
Florida Governor Ron DeSantis signs covid liability protections into law in the state which has seen a disproportionate amount of legal services ads related to the COVID-19 pandemic.
Garland Should Oppose Biden Effort to Reinstate Controversial ‘Slush Funds’ Practice
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.