Hall Render

AUGUST 30, 2023

This argument prevailed at the trial court and before a three-judge panel of the Fifth Circuit, but was then rejected by the en banc Fifth Circuit, finding that a less favorable scheduling system where female officers never received full weekends off was a term, condition or privilege of employment within the plain language of Title VII.

40

40

Drug & Device Law

JUNE 1, 2023

W]hether a witness is qualified to render an opinion as an expert is a legal determination for the trial court and will not be disturbed absent a manifest abuse of discretion. Those are not credibility determinations that are the province of the jury, but rather legal determinations about the reliability of the expert’s methodology.

Governance 59

Governance Hospitals 59

Drug & Device Law

FEBRUARY 25, 2022

The defendant first sought PLAC’s help on en banc rehearing, after suffering a loss on admission of expert testimony that we considered to be the worst decision of 2021. It is yet another way that PLAC’s organizational resources can help drug, device, and vaccine companies address legal issues of mutual concern. 19-2899 (8th Cir.

FDA 59

FDA 59

Drug & Device Law

FEBRUARY 7, 2022

However, since census registrants have never actually filed suit, their “dismissal” has no legal effect beyond the statute of limitations no longer being tolled. Counsel must submit an ICF for all individuals who signed a retainer agreement with the leadership applicant’s firm before April 1, 2020. In re Juul Labs , 2019 U.S.

59

59

Drug & Device Law

JULY 13, 2023

When we have given talks on preemption, whether to law firm personnel, attendees of professional conferences, or new FDA employees, we have tended to start with the Supremacy Clause and then break up the types of preemption and the issues related to them into different buckets. Impossibility is not part of the analysis of express preemption.

FDA 52

FDA 52