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Archive for December 1st, 2011

Ok, just a bit further…

Mark Herrmann, former contributor to the wildly successful Drug and Device Law Blog, sent me a note the other day that his book co-authored with Jones Day Partner David B. Alden entitled Drug and Device Product Liability Litigation Strategy (Oxford Univ. Press 2011) is now available.  Here is a link to the book’s page on OUP’s website, where you can get more information and order a copy.

The following is a slightly edited version of the summary that he sent me:

The book is generally a reference work, so big chunks of the book simply bring a beginner up to speed on the defense of drug and device product liability cases. But we say a few things in the book that are new and different. Some of the interesting stuff includes:

1. At pages 181 to 186, we analyze every motion to centralize drug or device cases filed with the MDL Panel from the Panel’s creation through the end of 2010. We count the number of motions granted and denied, and we break down the percentages by time period, showing that the Panel has become slightly more likely to centralize cases as time has passed.

2. At pages 219 to 222, we analyze the use of “direct filing provisions,” which allow plaintiffs to file their complaints directly in the MDL transferee court, rather than being required to file in their home courts and then asking the MDL Panel to transfer the cases. If litigants are not careful, direct filings provisions can alter the applicable choice-of-law analysis, change the identity of the court that tries the case, or alter the trial court’s personal jurisdiction over third-party defendants.

3. Finally, our discussion of the scope of preemption for prescription drugs after the Supreme Court’s decision in Wyeth v. Levine may be noteworthy. At pages 339 to 343, we identify five situations in which claims against prescription drug manufacturers may be preempted even after the Supreme Court’s restriction of preemption in Levine.

We’d love to start a conversation on these issues. And, if we’ve taken the time to write the book, we’d sure like interested folks to know that the book exists.

I have not had a chance to read it yet, but given Herrmann’s body of work on Drug and Device Law Blog, it is guaranteed to be of the highest quality.  It sounds like the quintessential guide to the very specialized area of mass tort and class action litigation, authored by two of the world’s foremost experts on the subject.

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