Personal Injury Roundup No. 23 (2/6/09)

Here's this weeks news from the world of torts...

Reform, Legislation, Policy

• Speculation on who is to be named FDC Chief, leading contenders include Dr. Robert Califf, a Duke University cardiologist, or Dr. Joshua Sharfstein, Baltimore's health commissioner. (In Vivo)
• But Daschle withdrawal may delay appointment of FDA Chief.  (Reuters, Consumer Reports)
• In Today Show interview, Obama criticizes FDA and promises "quick review" of FDA operations.  (WaPo, Boston Globe, NYTimes/AP)
• "Who is Plan B for HHS?"  (Politico)
• Big Pharma fears ban on direct-to-consumer advertising.  (Time)
• Representative Rosa DeLauro (D-CT) introduces bill to split FDA into two agencies, with new agency focused solely on food safety.  (Reuters)
• Georgia state Senator Bill Cowsert introduces SB 101 and SB 108, which would implement Governor Sonny Perdue's proposals (1) to preempt claims against drug and medical device manufacturers where the product has FDA approval and (2) to impose a loser-pays requirement, respectively. 
• Tort reform bill introduced in South Carolina.  (Torts Prof)

New Lawsuits

• The Hartford files declaratory judgment action against Peanut Corp. of American (presumably to avoid covering liability in the sure-to-be-filed peanut butter salmonella cases).  (Marler, Forbes,  Mass Tort Profs)
• Indeed, because of Hartford suit, plaintiffs add Kellogg to suits already filed against Peanut Corp.  (Newsday)
• Parents of former Marine sue VA.  (Newsday)
• Beating victim sues Six Flags.  (Torts Prof)
• West Virginia towns sue coal companies over bad water.  (AP)
• FTC sues drug companies for conspiring to delay entry of generics into market.  (CNN Money)

Trials, Settlements & Other Ends

• First post-Engle trial opens in Florida. (American Lawyer/law.com)
• Judge grants summary judgment to Astra Zeneca in first two Seroquel test cases.  (American Lawyer/law.com, Drug & Device  (D&D has a copy of the decision))

Appeals

• Louisiana Court of Appeals affirms judgment for DuPont in chemical release case.  (Mass Tort Defense)
• Pfizer loses appeal in Alien Tort Claims Act case, which alleges Pfizer failed to inform patients of risks during use of experimental drug in bacterial meningitis outbreak in Nigeria.  (American Law/law.com, WSJ Law Blog, Intl Law Profs)
• California Supreme Court sets oral argument date in In re Tobacco II for Tuesday, March 3, 2009.  (Life Sciences Legal Update)
• Sixth Circuit affirms denial of class certification in chemical spill case.  (Mass Tort Defense)

Miscellaneous

• Southwestern University Law Review has published its symposium issue on "Perspectives on Asbestos Litigation." (MassTorts Prof)  

--SBS