The Twenty-Sixth Amendment and the Real Rigging of Georgia’s Election

VIKRAM DAVID AMAR

Illinois law dean Vikram David Amar explains why Georgia’s law allowing persons 75 years and older to get absentee ballots for all elections in an election cycle with a single request, while requiring younger voters to request absentee ballots separately for each election, is a clear violation of the Twenty-Sixth Amendment. Dean Amar acknowledges that timing may prevent this age discrimination from being redressed in 2020, but he calls upon legislatures and courts to understand the meaning of this amendment and prevent such invidious disparate treatment of voters in future years.

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COVID Comes to Federal Death Row—It Is Time to Stop the Madness

AUSTIN SARAT

Austin Sarat—Associate Provost and Associate Dean of the Faculty and William Nelson Cromwell Professor of Jurisprudence & Political Science at Amherst College—explains the enhanced risk of COVID-19 infection in the federal death row in Terre Haute, not only among inmates but among those necessary to carry out executions. Professor Sarat calls upon the Trump administration and other officials to focus on saving, rather than taking, lives inside and outside prison.

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Hubbard v. Bayer Healthcare Pharmaceuticals Inc.

Court: US Court of Appeals for the Eleventh Circuit

Docket: 19-13087

Opinion Date: December 22, 2020

Judge: Marcus

Areas of Law: Drugs & Biotech, Health Law, Medical Malpractice, Personal Injury, Products Liability

In 2012, 41-year-old Karen Hubbard suffered a catastrophic stroke caused by a blood clot to her brain--a venous sinus thrombosis, a type of venous thromboembolism (VTE). She had been taking Beyaz, a birth control pill manufactured by Bayer. While she first received a prescription for Beyaz on December 27, 2011, Karen had been taking similar Bayer birth control products since 2001. The pills are associated with an increased risk of blood clots. The Beyaz warning label in place at the time of Karen’s Beyaz prescription warned of a risk of VTEs and summarized studies. The Eleventh Circuit affirmed summary judgment in favor of Bayer. Georgia’s learned intermediary doctrine controls this diversity jurisdiction case. That doctrine imposes on prescription drug manufacturers a duty to adequately warn physicians, rather than patients, of the risks their products pose. A plaintiff claiming a manufacturer’s warning was inadequate bears the burden of establishing that an improved warning would have caused her doctor not to prescribe her the drug in question. The Hubbards have not met this burden. The prescribing physician testified unambiguously that even with the benefit of the most up-to-date risk information about Beyaz, he considers his decision to prescribe Beyaz to Karen to be sound and appropriate.

State ex rel. Janssen Pharmaceuticals, Inc. v. Honorable Michael Noble

Court: Supreme Court of Missouri

Docket: SC98222

Opinion Date: December 22, 2020

Judge: Mary R. Russell

Areas of Law: Civil Procedure, Drugs & Biotech, Personal Injury

The Supreme Court made permanent a preliminary writ of prohibition preventing the circuit court from allowing Plaintiffs' claims against Janssen Pharmaceuticals, Johnson & Johnson, and Janssen Research & Development (collectively, Defendants) in the Circuit Court of the City of St. Louis, holding that the circuit court abused its discretion by refusing to transfer the claims of those injured outside of the City of St. Louis. Multiple plaintiffs filed this action stating various causes of action arising from the sale and use of Risperdal, a prescription drug. Defendants filed a motion to dismiss based on improper venue and forum non conveniens for all plaintiffs not injured in the City of St. Louis. The circuit court overruled the motion. Defendants then filed a petition for a writ of prohibition or mandamus asking that the claims of the plaintiffs whose injuries allegedly occurred in Missouri counties other than the City of St. Louis be transferred. The Supreme Court granted a writ of prohibition, holding (1) Mo. R. Civ. P. 52.05(a) cannot be used to confer venue in a forum that is otherwise improper, and newly enacted Mo. Rev. Stat. 508.013.1 did not alter the result on these facts; and (2) the circuit court's failure to transfer the claims of those injured outside of the City of St. Louis was an abuse of discretion.

Effler v. Purdue Pharma L.P.

Court: Tennessee Supreme Court

Docket: E2018-01994-SC-R11-CV

Opinion Date: December 17, 2020

Judge: Lee

Areas of Law: Drugs & Biotech

The Supreme Court held that the seven District Attorneys General who sued several drug companies under the Tennessee Drug Dealer Liability Act lacked standing and that the two Baby Doe plaintiffs who sued under the Act and alleged facts showing that the drug companies knowingly participated in the illegal drug market by facilitating the marketing or distribution of opioids stated a claim against the drug companies under the Act. The District Attorneys and the Baby Doe plaintiffs brought this action alleging that the defendant drug companies knowingly participated in the illegal drug market by intentionally flooding East Tennessee communities with prescription opioid medications. The Baby Doe plaintiffs alleged that they were harmed by exposure to opioids in utero and the District Attorneys claimed that the opioid epidemic had damaged the communities in their districts. The trial court dismissed the case, ruling that the Act did not apply. The court of appeals reversed. The Supreme Court affirmed in part and reversed in part, holding (1) the District Attorneys lacked standing to bring an action under the Act as individual plaintiffs; and (2) the Baby Doe plaintiffs stated a claim against the drug companies based on allegations of intentional and purposeful participation in the illegal opioid market.