The second Trump administration appears to be changing the FDA approval landscape and new opportunities and pitfalls abound for defendants seeking to establish the all-powerful preemption defense.
This annual publication provides a circuit-by-circuit analysis.
In-house counsel at engineering and construction firms need to prepare for this fast-evolving landscape
The case will be highly influential on what it means for a court to scrutinize whether an expert's opinion reflects a reliable application of the principles and methods to the facts of the case.
Early applications of Loper Bright suggest that the rollback of Chevron deference could meaningfully reshape agency authority and corporate liability in environmental cases.
Companies must develop a coherent, consistent, and comprehensive strategy at each stage of a recall, the public announcement, and subsequent litigation.
If deemed beneficial, parties should discuss these opportunities early in the litigation when considering early technology-enabled MDL census and/or plaintiff fact sheet programs, pleading/census/plaintiff fact sheet deficiency analyses, and other AI-enabled management strategies.
If plaintiffs’ claims are not preempted, then the avenues to avoid preemption of FDA-approved drugs will be expanded well beyond that countenanced by U.S. Supreme Court jurisprudence.
Why we expect a significant responsive uptick in state AG enforcement to fill the vacuum left by DOJ and other federal regulators.
