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2023), was the Fifth Circuit’s blatantly politicized attack on the FDA’s regulation of abortion-related drugs. Remember Riegel ( 2008+1 )? FDA , 78 F.4th 4th 210 (5th Cir. He heckled Holley here. CooperSurgical, Inc. 2023 WL 6216933 (S.D. Nowhere did Crockett discuss what that “literature” might be.
We think that they can, and for a state (like Pennsylvania and a number of others) that still follows the “ Frye ” standard looking to the “general acceptance” of expert testimony as the touchstone to admissibility, a Rule 702 state-law equivalent might look something like this: Rule 702. E.g. , Walsh v. BASF Corp. , 3d 446, 461 (Pa.
Lederle Laboratories , 2008 WL 972657 (W. March 19, 2008) (“It is very difficult to see what else these defendants could have done” when one claimed alternative “was never licensed by the FDA” and the other “was not approved by the FDA until” nearly a decade after plaintiff’s vaccination). 1992) (plaintiff failed “to establish. . .
11, 2022), granted a Rule 702 motion excluding plaintiff’s purported FDA expert Peggy Pence, who “began working as an expert witness for plaintiffs in product liability cases in 2008” and “approximately 100% of her work was as a plaintiff’s expert in product liability litigation.” since] every case must be decided on its own merits.
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