Whenever we start thinking about blogging, rather than about drug and device law, Bexis gets spooked.

So this post was written by Herrmann alone, ruminating about the life expectancy of a newborn legal blog.

What prompted the rumination?

The professors who previously manned the Product Liability Prof Blog and the Civil Procedure Prof Blog have apparently given up the ships. As of last week, the Law Profs Blog Network (more…)

C’mon, guys. We publish this blog for a reason. Pay attention.

We’ve explained over and over again that plaintiffs often cannot pursue alleged violations of the Food, Drug, and Cosmetic Act under the rubric of negligence per se where “the legislature does not intend for a statute to be privately enforced.”

In Pantages v. Cardinal Health, No. 5:08-cv-116-Oc-10GRJ, 2009 U.S. Dist. LEXIS 64238 (M.D. Fla. July 27, 2009), plaintiff (more…)