PLIVA, Inc. v. Mensing was an enormous and, by some predictions, unexpected victory for generic drug manufacturers (“the Generics”). The Supreme Court held that state law failure-to-warn claims against the Generics—the core claims in generic drug cases—were preempted. The Court found impossibility preemption because the Generics, unlike their brand-name counterparts, were prohibited by federal law from independently strengthening their drug labels.
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In Memoriam: Bob Harry
We received the sad news that our former partner and good friend Bob Harry died on Tuesday, June 25th. Bob had a long career as one of Denver’s finest litigators that included trials of countless important cases. Bob will also be remembered as a mentor for young litigators at Davis Graham. Many have taken inspiration from his methods of trying cases and his commitment to professionalism, skill, and ethical behavior.
Bob represented companies across the Rocky Mountain region as well as acting as local counsel for national brands such as IBM and Carnation. Bob received both his undergraduate and law degrees from Yale, although his legal education was delayed somewhat by his decision to leave law school soon after the Pearl Harbor bombing to seek a commission in the U.S. Naval Reserve. After receiving his J.D., Bob joined the New York firm of Hughes Hubbard & Reed. In 1952, Byron White persuaded his former Yale law school classmate to leave New York and travel west to join Davis Graham. Bob became the first litigation specialist at the firm and head of the Trial Department.
Bob had a very active civic life, including being elected to the American College of Trial Lawyers in 1965 and the Board of Regents from 1973 to 1977. He was the Tenth Circuit member of the American Bar Association Judiciary Committee from 1969 to 1973. In 2003 Bob left retirement at the request of the Tenth Circuit Court of Appeals and devoted three years to organizing its Historical Society and serving as its inaugural president.
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CBA Securities Subsection Election Results
The Colorado Bar Association Securities Subsection of the Business Law Section has elected Elizabeth Karpinski Vonne as a 2013-2015 co-chair. Ms. Vonne will serve as co-chair along with Jordan Factor of Allen & Vellone P.C.
The co-chairs of the Subsection serve a two-year term and consists of practicing securities law attorneys or securities law regulators. The co-chairs are responsible for organizing the monthly luncheon meetings and finding speakers. In addition to sponsoring the monthly luncheon meetings, members of the Subsection actively participate in the initiation and review of legislation involving securities law matters.
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In Colorado, women only 33% of practicing attorneys
Women have gotten close to parity with men in the legal profession on the education front, since nearly half of U.S. law school graduates are women, but only one-third of practicing attorneys in this country are women, according to 2013 American Bar Association study.
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There is Still a Chance: Raising Unpreserved Arguments on Appeal
Generally, Colorado appellate courts will not address contentions that were not raised and ruled on in the trial court, but sometimes they do. This article discusses how an attorney might successfully raise an unpreserved argument on appeal.
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Former Puebloan applies technical expertise to law
Former Puebloan Trent Martinet’s expertise in intellectual property and information technology has helped him attain the level of partner in the prestigious Denver law firm of Davis, Graham & Stubbs LLP.
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Colorado’s Public Trustee Foreclosure Process
Oil and gas development is occurring in close proximity to residential development with increasing frequency, which means more headaches for landmen and title attorneys alike. A mortgage generally covers all of the mortgagor’s interest in the mortgaged property. Thus, if the mortgagor owns any mineral interest in the mortgaged property, the mortgage generally covers such mineral interest, unless the mortgage expressly provides otherwise.
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Terry Miller ’07 Defends Colorado’s Public Interest
In 2008, Oregon Law graduate Terry Miller ’07, along with members of Denver, Colo.’s top law firms, began to work on a landmark pro bono case. Several Colorado school districts had finally received approval from the Colorado Supreme Court to take up their lawsuit against the state, which they claimed had failed to provide adequate funding to all of its schools as mandated by the state’s constitution. The case, Lobato v. State, would be going up to bat in 2011.