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• Vioxx Multidistrict Litigation Court Refuses to Give Deference to FDA's Preemption Preamble
  by Glenn M. Farnet On January 24, 2006, the U.S. Food and Drug Administration (FDA) issued a Final Rule entitled Requirements on Content and Format of Labeling for Human Prescription Drug and Biological Products, 71 Fed. Reg. 3922 (Jan. 24, 2006). In the now-famous preamble to that Final Rule, the FDA stated its view that “… under existing preemption principles, FDA approval of labeling under the act, whether it be in the old or new format, preempts conflicting or contrary State law.”   The preamble contains a detailed explanation of why the FDA believes that allowing certain state tort law claims for failure to warn would conflict with and stand as an obstacle to achievement of the full objectives and purposes of Federal labeling requirements for pharmaceutical and biologic products.   The FDA explains that it makes labeling decisions based on “a comprehensive scientific evaluation of the products’s risks and benefits under ....
• Growing Trend of Benzene Exposure Claims
  by Erich P. Rapp Any industry manufacturing or even using products with even trace levels of benzene should be aware of the growing trend among trial attorneys to bring benzene exposure claims. It may be nearing the time for companies to undertake aggressive efforts to reduce or eliminate potential exposure to these types of claims  Several recent blogosphere entries suggest that three women from Florida, New Jersey, and Kansas have sued The Sunny Delight Beverages Company, Pepsico, Shasta (National Beverage Company), and the Rockstar Energy Drink Co. claiming that some of their soft drink products contain ingredients that can combine to form benzene when exposed to heat and light. The suits were said to have been filed in the summer of 2006. The women are said to be represented by Boston attorney Andrew Rainer. Numerous recent web accounts suggest that Coca Cola settled benzene related claims in May 2007. Is this type of ....
• Kean Miller Adds 12 Attorneys in Admiralty & Maritime, Construction, and Energy Practice Groups - New Orleans Office Triples in Size
  Kean Miller is pleased to announce that 12 lawyers, formerly in the Admiralty & Maritime, Construction, and Energy practice areas with Lemle & Kelleher, LLP, have joined the firm in the New Orleans office. "We are very excited to welcome these distinguished attorneys to our law firm. They are an outstanding resource for our clients. Our offices are located in Louisiana's major port cities --- New Orleans, Baton Rouge and Lake Charles -- and this esteemed group brings over 150 years of combined experience in maritime issues, admiralty law, marine insurance, oil & gas, drilling and exploration, pipelines, construction, and energy law to our clients." said Gary A. Bezet, managing partner of the 121-lawyer firm. The new group from Lemle & Kelleher nearly triples the size of Kean Miller's New Orleans office from 7 attorneys to 19 attorneys. The strategic acquisition builds on Kean Miller's position as the largest law firm in the Capital Region, and strengthens Kean Miller's regional ....