CPSC seeks to hold former CEO responsible for Buckyballs® recall *

USA - May 9 2013
Last week the Consumer Product Safety Commission (CPSC) obtained an unprecedented ruling when Administrative Law Judge (ALJ) Dean Metry granted leave…

Co-authors: Julie Y. Park, Ellen Nudelman Adler.

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Howard v. Zimmer: negligence per se based on violations of the FDCA—blurring the line between parallel claims and preemption *

USA - March 27 2013
Last week in Howard v. Zimmer, — P.3d —, 2013 WL 1130759 (Okla. 2013), the Oklahoma Supreme Court held that a plaintiff can assert a negligence per se…

Co-authors: James W. Huston, Joanna L. Simon.

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Driving on both sides of the road: Supreme Court hears Bartlett oral argument *

USA - March 20 2013
The Supreme Court heard oral argument yesterday in the much-anticipated Mutual Pharmaceuticals v. Bartlett case, No. 12-142 (on appeal from the First…

Co-authors: Julie Y. Park, James W. Huston, Joanna L. Simon.

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Mind the gap: Sixth Circuit finds room for suit against generic manufacturers after Mensing *

USA - March 14 2013
Yesterday, the Sixth Circuit issued its decision in Fulgenzi v. PLIVA, Inc., a case involving a state law claim for failure to warn against a generic…

Co-authors: Julie Y. Park, Jeffrey M. David, James W. Huston.

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Weeks defies years of jurisprudence, allowing innovator liability for generic drugs *

USA - January 16 2013
Last week the Alabama Supreme Court adopted brand-name manufacturer liability for a generic drug sold by another company, becoming the first state…

Co-authors: Julie Y. Park, James W. Huston.

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