Saturday, May 31, 2008

Bryan Garner interviews the USSC

I have attended two of Garner's CLE's and cannot say enough about them. ABL hopes to attend a third later this month (while taking in a Yankees game before they make the mistake of abandoning the House that Ruth built).

Friday, May 30, 2008

Vioxx - consumer fraud decisions overturned

The consumer fraud verdicts against Merck in the McDarby & Cona cases have been overturned. The Court found that the Product Liability Act claims were preempted by the FDA and that the Consumer Fraud Act claims were subsumed into the preempted PLA. Here are some additional links discussing this appellate decision in the Merck saga:

[http://www.nytimes.com/2008/05/30/business/30drug.html?ref=policy]

[http://druganddevicelaw.blogspot.com/2008/05/conamcdarby-split-vioxx-appellate.html]

[http://lawprofessors.typepad.com/healthlawprof_blog/2008/05/vioxx-verdicts.html]

[http://overlawyered.com/2008/05/breaking-merck-wins-two-more-vioxx-cases-on-appeal/#comments]

Friday, May 23, 2008

WDNY ESI decision

In Barker v. Gerould, 2008 WL 850236 (W.D.N.Y. Mar. 27, 2008), Judge Payson held that sufficiently detailed information would be required before requiring party to produce backup tapes.

In this employment case, plaintiff filed a motion to compel production of e-mails. Although the defendants produced some e-mails, plaintiff sought to compel further production. To evaluate the adequacy of the defendants’ search, Judge Payson ordered the parties to submit an affidavit describing the procedures undertaken. The affidavit, however, merely described the additional work required to restore the deleted data from backup tapes. Finding the record of defendants’ search of the requested e-mail from accessible sources incomplete, the court declined to compel production and instead ordered the defendants to identify individuals with knowledge of the steps taken during collection and allowed time for the plaintiff to depose those individuals.

Tuesday, May 06, 2008

Insurance Archaeology?

Indiana Jones goes in search of that missing Met Life policy? The site was brought to my attention by Rich Bowman of Boston.

Monday, May 05, 2008

Scalia interview on 60 Minutes