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Tuesday, October 25, 2011
The Relevance of the FDA in Pharmaceutical Products Liability Webinar
12:00 PM - 01:00 PM
Click here to register
THE PRESENTATION:
The Relevance of the FDA in Pharmaceutical Products Liability Trials
in the Post-Levine World
Since the Supreme Court's decision in Wyeth v. Levine (2009), plaintiffs and pharmaceutical defendants have struggled to adapt their trial strategies related to the FDA and its interactions with pharmaceutical companies. Recently, several lower court judges have weighed in via Daubert and in limine rulings.
This presentation will discuss this recent case law and will examine strategies for successfully challenging plaintiffs' regulatory expert testimony and excluding plaintiffs' fraud-on-the FDA theories, while still maintaining the ability to present FDA-related themes and expert testimony that is helpful for the defense. The panel will also provide an international perspective on similar issues.
THE PRESENTERS:
Shayna Cook (shayna.cook@bartlit-beck.com)
Bartlit Beck Herman Palenchar & Scott LLP, Chicago, Illinois USA
Shayna Cook is a trial lawyer at Bartlit Beck Herman Palenchar & Scott LLP in Chicago, which was named "Litigation Boutique of the Year" by American Lawyer in 2009. She represents a variety of clients ranging from technology companies to government defense contractors to pharmaceutical manufacturers. Shayna has served as national trial counsel in large pharmaceutical multidistrict litigations, including the Vioxx, Trasylol, and YAZ/Yasmin cases. After graduating from the University of Michigan Law School in 2001, Shayna moved to Austin, Texas to be a judicial law clerk for U.S. District Judge Sam Sparks, then worked for the Department of Justice in Washington, D.C. before coming to Chicago in 2005.
Tripp Haston (thaston@babc.com)
Bradley Arant Boult Cummings LLP, Birmingham, Alabama USA
Tripp Haston is a current member of the IADC's Board of Directors and co-chairs Bradley Arant Boult Cumming's Life Sciences Industry Team. Tripp represents multi-national pharmaceutical and medical device manufacturers in products liability litigation on regional, national and international engagements. He has been recognized in numerous leading attorney directories including Best Lawyers in America, Chambers USA, Benchmark Litigation and The International Who's Who of Business Lawyers. He currently acts as national coordinating and trial counsel in nationwide litigation in the United States and serves numerous clients as a national team member in ongoing mass tort and multi-district litigation throughout the United States and discovery proceedings in Europe. Over the past several years, he has had the privilege of working with fellow IADC members for common clients throughout the United States and Europe.
James M. Sullivan (james.sullivan@blakes.com)
Blake, Cassels & Graydon LLP, Vancouver, British Columbia Canada
Jim Sullivan is a Litigation Partner at Blake, Cassels & Graydon LLP with national and internationally recognised expertise in class actions and environmental law. Jim is recognized as leading litigation counsel in the following publications:
• Chambers Global: The World's Leading Lawyers for Business as a leading lawyer in dispute resolution
• Legal Media Group's Guide to the World's Leading Litigation Lawyers
• Law Business Research's Who's Who Legal: Canada 2010 as one of Canada's leading lawyers
• The Canadian Legal Lexpert Directory as one of Canada's leading class action lawyers
• The Best Lawyers in Canada as a leading class action litigation lawyer in Canada in a peer-review survey
• The Best Lawyers in Canada as a leading environmental lawyer in Canada in a peer-review survey
Jim has appeared several times before the Supreme Court of Canada. He has written or contributed to five books on Class Actions and Government Liability. Jim is a contributing editor of the Federated Press Class Action Journal and has written numerous articles and lectured extensively on class actions and environmental law throughout Canada, the United States and Europe.
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