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Another RICOdiculous Decision

Drug & Device Law

Nonetheless, the Ninth Circuit’s PATDC82 I allowed a RICO claim alleging that, between 1999 and 2011, defendants concealed that risk from the FDA and that, as a result, every TPP in the country paid for Actos prescriptions that it otherwise would not have reimbursed. the relationship between [plaintiff] and its pharmacy benefit manager. . .

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The BFDs – The Ten Best Prescription Drug/Medical Device Decisions of 2023

Drug & Device Law

2023) (remote trial testimony cannot be compelled beyond Rule 45’s 100-mile limit on subpoenas) ( here ); Carson v. They excluded bogus expert testimony under Fed. Thus, CEH turned on implied impossibility preemption, specifically an application of Mensing ( 2011+1 ) independence principle. Bonta , 85 F.4th 4th 1263 (9th Cir.

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The FDA and Feasible Alternative Designs

Drug & Device Law

223, 238 (2011), the United States Supreme Court reacted to a plaintiff’s unconstrained claims of “alternative” vaccine design: [T]he [design] decision is surely not an easy one. In at least the short term, a popular pain reliever would have to be removed from pharmacies. His testimony is thus irrelevant and inadmissible.

FDA 59