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U.S. Supreme Court Reaffirms
Wyeth Preemption Framework
while Remanding Fosamax
Failure-to-Warn Claims
In Wyeth v. Levine, the U.S. Supreme Court
held that “clear evidence” that the FDA
would not have approved a change to the
drug’s label pre-empts a claim, grounded in
state law, that a drug manufacturer failed to
warn consumers of the change-related
risks associated with using the drug.
(CLICK TO READ FULL ARTICLE)
“Legalnomics”:
Lessons from the Field of Behavioral
Economics about Perception and
Decision-Making for Trial Lawyers
When I first started practicing
law in 1994, the art of trial advocacy
embraced the concept of storytelling
as a central way of communicating
the plaintiff’s cause to the jury.
The convention, at that time, was to
paint the plaintiff as the protagonist
in his or her own life’s story. The jury
would be sympathetic to his or her
plight, and write a happy ending.
click to read more
When I first started working on this paper,
in the middle of 2013, I wanted to focus on the
ethical questions that frequently seem to come
up in class, multi-district, and other complex and
consolidated cases, where the representation of
plaintiffs is often effectively “split” between the
lawyers who are appointed by the Court to advance
and/or manage the litigation for plaintiffs collectively
on the one hand, and the lawyers who might be hired by
individual plaintiffs to advance and protect their own
personal interests and claims on the other.
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Ethical Questions Raised
by the BP Oil Spill Litigation
