Update: In re Fosamax (Alendronate Sodium) Products Liability Litigation

Litigation Practice Group Teleforum Wednesday, May 24, 2017 11:00 AMFederalist Society Teleforum Conference Call

In a recent decision, the Third Circuit held that hundreds of state-law claims alleging that bone fractures were caused by an osteoporosis medication were not preempted by federal law. While defendants argued, and the district court agreed, that the record showed that the FDA would not have approved stronger warnings in the product labeling, the Third Circuit concluded that the record raised factual issues that should go to a jury. In doing so, the court rejected defendants’ contention that preemption was a purely legal issue for the court to decide and suggested that the evidence must show that there was a “high probability” that the FDA would have rejected stronger labeling in order to invoke preemption. Was the appellate court correct? How does its decision fit with other recent preemption cases? Jay Lefkowitz and Doug Smith will join us to discuss these and other issues relating to the court’s decision.


  • Jay P. Lefkowitz, P.C., Partner, Kirkland & Ellis LLP
  • Douglas G. Smith, P.C., Partner, Kirkland & Ellis LLP


Ethics With The Judges

St. Louis Lawyers Chapter Monday, May 22, 2017 03:00 PMHistoric St. Charles County Courthouse
100 N Third Street
Saint Charles, MO 63301


  • Judge Raymond Gruender, United States Court of Appeals for the Eighth Circuit 
  • Judge Zel Fischer, Supreme Court of Missouri
  • Judge Daniel Pelikan, 11th Judicial Circuit, State of Missouri 
  • Alan Pratzel, Chief Disciplinary Counsel, Missouri OCDC
  • Steve Ehlmann, St. Charles County Executive (Moderator)

Legal Challenge to the President's Executive Order on Reducing Regulation and Controlling Regulatory Costs

Administrative Law & Regulation Practice Group Teleforum Friday, May 19, 2017 02:00 PMFederalist Society Teleforum Conference Call

On January 30, 2017, President Trump issued an Executive Order entitled Reducing Regulation and Controlling Regulatory Costs. The Executive Order instructs federal agencies to identify two existing regulations for repeal for each new regulation proposed. The Order further instructs the Director of the Office of Management and Budget to set an incremental cost target for each agency for each future fiscal year. Subject to certain exceptions, each agency must meet its target by offsetting the costs of new regulations by cost savings from repealed rules.

A lawsuit has been filed challenging the legality of the Executive Order in federal district court in Washington, D.C. The complaint argues, among other things, that the Order violates the separation of powers, the President's obligations under the Take Care Clause, and the Administrative Procedures Act. Thomas M. Johnson, Jr., is the Deputy Solicitor General of West Virginia and counsel of record on an amicus brief co-filed with the State of Wisconsin on behalf of a 14-state coalition supporting the legality of the Executive Order. Mr. Johnson will join us to discuss the Order and the pending litigation. This teleforum is the fourth in our Executive Order Teleforum Series.


  • Thomas M. Johnson, Jr., Deputy Solicitor General of West Virginia

Fifth Annual Executive Branch Review Conference

The Relationship between Congress and the Executive Branch Wednesday, May 17, 2017 09:00 AMThe Mayflower Hotel
1127 Connecticut Ave NW
Washington, DC 20036

The Fifth Annual Executive Branch Review Conference will examine the changing and often convoluted relationship between the legislative and the executive branches in the United States government. This daylong conference will feature plenary panels, addresses, and breakout panels on topics such as “The Unitary Executive,” “Chevron Deference,” and “Congressional Oversight of Voting Rights.”

The Conference will begin with an opening address by Senator Mike Lee and end with a closing address by OMB Director Mick Mulvaney and a reception.