This week marks the 40th anniversary of the Staggers Rail Act of 1980, which deregulated American freight…
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Happy 40th to the Staggers Rail Act, Which Deregulated and Saved the U.S. Rail Industry

This week marks the 40th anniversary of the Staggers Rail Act of 1980, which deregulated American freight rail and saved it from looming oblivion.

At the time of passage, the U.S. economy muddled along amid ongoing malaise, and our rail industry teetered due to decades of overly bureaucratic sclerosis.  Many other domestic U.S. industries had disappeared, and our railroads faced the same fate.  But by passing the Staggers Rail Act, Congress restored a deregulatory approach that in the 1980s allowed other U.S. industries to thrive.  No longer would government determine what services railroads could offer, their rates or their routes, instead restoring greater authority to the railroads themselves based upon cost-efficiency.

Today, U.S. rail flourishes even amid the coronavirus pandemic…[more]

October 13, 2020 • 11:09 PM

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Home Jester's Courtroom Brand Name Drug Makers Held Liable for Generic Drug Label Warnings
Brand Name Drug Makers Held Liable for Generic Drug Label Warnings Print
Thursday, September 04 2014

The Alabama Supreme Court recently upheld an earlier decision that found the makers of brand-name drugs liable for the warning labels on the generic version of their drugs.

Citing the theory of innovator liability, the Alabama Supreme Court ruled that, even if the plaintiff only used the generic brand, the brand-name drug maker had potential liability since generic drug makers must provide an exact copy of the warning labels on the brand-name drugs they copy. 

Alabama is the first state to find brand-name drug manufacturers potentially liable.

In 2011, the U.S. Supreme Court decided in Pliva v. Mensing that generic drug makers cannot be held liable through “failure to warn” lawsuits, since such claims are pre-empted by federal requirements that prevent the manufacturers from providing different warnings than are provided on the brand-name version.

According to news reports, the FDA is in the process of finalizing new generic drug label requirements.

Source: aboutlawsuits.com

Question of the Week   
Which one of the following individuals laid the ‘Golden Spike’ joining the Eastern and Western U.S. railroad lines to create the Transcontinental Railway?
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Quote of the Day   
 
"President Trump's recent executive order laying out his 'America-First Healthcare Plan' makes clear his continued commitment to the long-standing, bipartisan consensus that we should protect people with preexisting conditions. Unfortunately, the previous administration's attempt to make good on that consensus -- Obamacare -- has failed to deliver on its promises.Contrary to the prevailing media narrative…[more]
 
 
—Seema Verma, Centers for Medicare and Medicaid Services (CMS) Administrator
— Seema Verma, Centers for Medicare and Medicaid Services (CMS) Administrator
 
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