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I'm new at blogging, but thought it would be fun to give it a try. I intend to discuss areas of law I have found interesting (or frustrating) over my years of practice. One discussion I will include is on the issue of preemtion in the pharmaceutical arena. That issue has been a predominant one in my practice for many, many years, specifically as it applies to generic pharmaceutical products.

The first time I argued preemption in a case against a generic drug manufacturer was well over a decade ago (had a pretty good result too - the plaintiff dismissed the lawsuit and never refiled it - gotta love that). Back then, preemption wasn't getting the attention it is getting today. Over the years, I've argued preemption in a number of pharmaceutical cases and in doing so have explored a great deal of the history of the federal Food, Drug, and Cosmetic Act. It actually is quite interesting, although I'm sure there are any number of people who would say I have a sick sense of what is interesting.

However, other issues I find interesting and plan to discuss include fraudulent joinder and removal, due process for defendants, and application of the statute of limitations and the discovery rule. In some of areas, I think the law has morphed over the years as courts have addressed them.

I'm not sure how often I will post. Much depends on available time. But, that said, let's begin . . . .

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