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MEDICAL MALPRACTICE LAW & STRATEGY

January 2013

Drug Marketing to Doctors: Changes May Be On the Way

By Janice G. Inman

The cornerstone of many FDA enforcement actions against pharmaceuticals manufacturers in recent years has been the charge that they have "misbranded" their pharmaceutical products by promoting them for uses not approved by the FDA. Now, the Second Circuit has thrown the concept of criminal liability for misbranding by means of off-label-use promotion into turmoil.

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Sixth Circuit Upholds Laws Banning Same-Sex Marriage

A divided U.S. Court of Appeals for the Sixth Circuit on November 6 reversed a series of lower court rulings that had struck down bans on same-sex marriage. Judge Jeffrey Sutton, writing for the majority, said the question of whether to allow same-sex marriage shouldn’t be decided by the courts.

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“No Need to Rush”: As State Bans on Same-sex Marriage Continue to Fall, the Supreme Court Dodges the Issue (for Now)

On the first day of its new Term, the Supreme Court declined to take up any of the cases before it in which state same-sex marriage bans had been struck down by lower courts. To the surprise of many Court watchers, the Justices denied certiorari in the cases, which stemmed from the Fourth, Seventh and Tenth Circuits. As a result, same-sex couples were immediately able to marry in five more states: Indiana, Oklahoma, Utah, Virginia and Wisconsin.