Chalk v. United States District Court, Central District of California.

United States District Court Northern District of California in Re: Bextra and Celebrex Marketing Sales Practices and Product Liability Litigation

949.310.0817/Fax 949.288.6894 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

The United States District Court for the Eastern District of Texas

LUX, INC.,)) Plaintiff,)) Civil Action No. 07-CV-520 v.)) BRIGHTBLUE CORPORATION,) JURY TRIAL DEMANDED)) Defendant.)

Is tobacco a drug? Administrative agencies as common law courts.

Professor Cass Sunstein argues that the FDA has the authority to regulate tobacco products. He considers the text of the Federal Food, Drug, and Cosmetic Act, which supports the FDA assertion, and the context of its enactment, which argues against the FDA. He resolves the tension between text and context in favor of FDA jurisdiction by turning to the emerging role of administrative agencies. ...

Res Judicata: the Shield Becomes a Sword. Prior Adjudication of Negligence Bars

A NUMBER of suits arising out of an airplane crash were instituted against the air line in diverse jurisdictions and in one such California action the defendant was adjudged negligent.' Thereafter, in United States v. United Air Lines, Inc.,2 the Nevada District Court held that the California adjudication estopped the air line from relitigating the negligence issue.3 In so holding, the court re...