Friday, April 18, 2008

DDL on Judicial Notice

Over at Drug & Device Law, Beck and Herrmann wrote extensively yesterday about judicial notice in the preemption context.  It's always interesting for me to read the DDL crew's take on procedural matters as they arise in sophisticated litigation, and it's safe to say those folks are as savvy with the procedural mechanisms as they are with the substantive law.  In the linked post, for example, they reevaluated their general strategy of not raising preemption through motions to dismiss (a strategy that arises because of the 12b6 standard), and explained that judicial notice in their world often allows a court to review more relevant stuff than just the pleadings.


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