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James W. Huston

James W. Huston
Partner
San Diego, (858) 720-5154
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Jim

Education

  • University of South Carolina (B.A., 1975)
  • ;
  • University of Virginia School of Law (J.D., 1984)

Practices

Trials
Pharmaceutical + Medical Device
Aviation + Aerospace

Bar Admissions

  • California
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Dear Doctor Letters: Lessons in Statutory Interpretation, Preemption, Proximate Causation, and Subsequent-Remedial Measures
Annals of Health Law, Volume 22, Issue 3
The Health Policy and Law Review of Loyola University Chicago School of Law, Beazley Institute for Health Law and Policy
Spring 2013
Pharmaceutical + Medical Device, Product Liability
Article
A Victory for Generics Suppliers
Chain Drug Review
8/5/2013
Life Sciences, Pharmaceutical + Medical Device, Product Liability
Article
Reprinted with permission.
FDA May Step In After High Court Shields Generic-Drug Cos.
IP Law360
6/24/2013
Article
Mutual v. Bartlett Further Shields Generic Drug Manufacturers from Liability
6/24/2013
Life Sciences, Litigation, Trials + Appeals, Pharmaceutical + Medical Device, Product Liability
Client Alert
When In Doubt, Write Your Doctor A Letter
Law360
6/7/2013
Life Sciences, Pharmaceutical + Medical Device, Product Liability
Article
Reprinted with permission.
Jury Buys Plaintiff’s Argument That Drug Manufacturer Should Have Distributed Dear Doctor Letter Sooner, Without Prior FDA Approval
5/15/2013
Life Sciences, Pharmaceutical + Medical Device, Product Liability
Client Alert
Mind the gap: Sixth Circuit finds room for suit against generics after Mensing
International Law Office
4/9/2013
Life Sciences, Pharmaceutical + Medical Device, Product Liability
Article
Reprinted with permission.
A Narrow Exception To The Mensing Preemption Defense
Law360
4/4/2013
Appellate + Supreme Court, Life Sciences, Pharmaceutical + Medical Device, Product Liability
Article
Reprinted with permission.
Driving on both sides of the road: Supreme Court hears Bartlett oral argument
International Law Office
4/2/2013
Life Sciences, Pharmaceutical + Medical Device, Product Liability
Article
Reprinted with permission.
Breaking Down The Bartlett Oral Argument
Life Sciences Law360
4/1/2013
Life Sciences, Pharmaceutical + Medical Device, Product Liability
Article
Reprinted with permission.
Howard v. Zimmer: Negligence Per Se Based on Violations of the FDCA—Blurring the Line Between Parallel Claims and Preemption
3/27/2013
Life Sciences, Pharmaceutical + Medical Device, Product Liability
Client Alert
Driving on Both Sides of the Road: Supreme Court Hears Bartlett Oral Argument
3/20/2013
Appellate + Supreme Court, Life Sciences, Pharmaceutical + Medical Device, Product Liability
Client Alert
Mind the Gap: Sixth Circuit Finds Room for Suit Against Generic Manufacturers After Mensing
3/14/2013
Life Sciences, Pharmaceutical + Medical Device, Product Liability
Client Alert
Weeks defies years of jurisprudence, allowing innovator liability for generic drugs
International Law Office
2/12/2013
Life Sciences, Pharmaceutical + Medical Device, Product Liability
Article
Wyeth v. Weeks: Implications for Pharma Manufacturers
Law360
2/6/2013
Life Sciences, Pharmaceutical + Medical Device, Product Liability
Article
Generic Drug Liability Ruling Raises Concerns
Business Insurance
1/28/2013
Life Sciences, Pharmaceutical + Medical Device, Product Liability
Article
Weeks Defies Years of Jurisprudence, Allowing Innovator Liability for Generic Drugs
1/17/2013
Life Sciences, Pharmaceutical + Medical Device, Product Liability
Client Alert
Supreme Court to Hear Design Defect Preemption Case
12/3/2012
Life Sciences, Pharmaceutical + Medical Device, Product Liability
Client Alert
Lone Pine Order Forces Plaintiffs to Ante Up
11/28/2012
Environment + Energy, Environmental Litigation, Pharmaceutical + Medical Device, Product Liability, Proposition 65 + Chemicals
Client Alert
FDA Bone Drug Study Offers New Pathway For Plaintiffs
Product Liability Law360
5/10/2012
Life Sciences, Pharmaceutical + Medical Device, Product Liability
Article
Implications — And Complications — Of Undoing Mensing
Law360
5/7/2012
Life Sciences, Pharmaceutical + Medical Device, Product Liability
Article
Bill Seeks to Undo Mensing Decision and Allow Patients to Sue Generic Drug Makers for Failure to Warn
4/19/2012
Consumer Litigation, Life Sciences, Pharmaceutical + Medical Device, Product Liability
Client Alert
FDA Could Make Generics Liable Amid Push To Undo Mensing
Product Liability Law360
3/28/2012
Life Sciences, Pharmaceutical + Medical Device, Product Liability
Article
BP Settlement Dwarfs Top Product, Toxic Tort Deals
Energy Law360
3/3/2012
Pharmaceutical + Medical Device, Product Liability
Article
Boeing Escapes Supreme Court Review of Chopper Crash Case
Law360
2/21/2012
Aviation + Aerospace, Product Liability
Article
Generic Cancer Drug MDL Tossed in Light of Mensing
Health Law360
1/31/2012
Life Sciences, Pharmaceutical + Medical Device, Product Liability
Article
The Institute of Medicine’s Broad Recommendations for Replacing the 510(k) Clearance Process
8/3/2011
Life Sciences, Pharmaceutical + Medical Device, Product Liability
Client Alert
Ninth Circuit Affirms District Court Ruling Based On Government Contractor Defense
8/2/2011
Appellate + Supreme Court, Aviation + Aerospace, Government Contracts, Litigation, Trials + Appeals, Product Liability, Transportation
Client Alert
Generic Drug Makers Protected from Failure to Warn Claims
6/23/2011
Appellate + Supreme Court, Life Sciences, Litigation, Pharmaceutical + Medical Device, Product Liability, Trials
Client Alert
High Court Ruling May Hobble Suits Against Generics
Product Liability Law360
6/23/11
Product Liability
Article
Jim Huston and Erin Bosman are quoted.
Fasten Your Seatbelt:
U.S. Supreme Court Rules Federal Seatbelt Regulation Does Not Preempt State Law Tort Suit
2/24/2011
Appellate + Supreme Court, Consumer Litigation, Consumer Products, Litigation, Product Liability, Trials
Client Alert
California Expedited Civil Jury Trials Act
10/4/2010
Litigation, Litigation, Trials + Appeals, Trials
Client Alert
Falcon Seven
2010
Book
Supreme Court Rules on Wyeth: State Law Claims Not Preempted
3/4/2009
Appellate + Supreme Court, Aviation + Aerospace, Life Sciences, Litigation, Product Liability
Client Alert
Marine One
2009
Book
Procure your piece of the bailout
10/1/2008
Product Liability
Article
Roundtable: Product Liability
12/1/2007
Product Liability
Article
Admiralty Law and Jurisdiction in Air Crash Cases
1/1/2004
Product Liability
Article
Secret Justice
2003
Book
The Shadows of Power
2002
Book
Fallout
2001
Book
Flash Point
2000
Book
The Price of Power
1999
Book
Balance of Power
1998
Book
This is MoFo.
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