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Delaware Supreme Court holds that Texas law does not recognize preconception torts

Mayer Brown LLP
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USA
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January 15 2013

The Supreme Court of Delaware recently held that Texas law did not recognize preconception torts and that the Texas Workers Compensation Act barred a

Massachusetts Supreme Court holds that asymptomatic plaintiffs may sue for medical monitoring

Mayer Brown LLP
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USA
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November 4 2009

In a recent opinion that bucks the national trend, the Massachusetts Supreme Judicial Court authorized plaintiffs who have no manifest physical injuries, but who assert "subcellular changes" caused by cigarette smoking, to sue for medical monitoring

Fifth Circuit, joining Eighth Circuit, holds consumers’ “failure to warn” claims against generic-drug makers not preempted by federal law

Mayer Brown LLP
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USA
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January 25 2010

The US Court of Appeals for the Fifth Circuit has held that a consumer’s state law "failure to warn" claims against a generic-drug manufacturer are not impliedly preempted by federal law

Fourth Circuit rules that federal law preempts state-law claims arising from alleged malfunction of medical device that complied with FDA requirements

Mayer Brown LLP
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USA
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February 1 2012

In Walker v. Medtronic, Inc., No. 10-2219, ___F.3d___ (January 25, 2012), the US Court of Appeals for the Fourth Circuit held that the Medical Device Amendments to the Food, Drug, and Cosmetic Act preempt state-law claims arising from the alleged malfunction of a Class-III medical device that had received premarket approval from the Food and Drug Administration and had complied with all requirements imposed by the agency

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Delaware Supreme Court holds that Texas law does not recognize preconception torts

Massachusetts Supreme Court holds that asymptomatic plaintiffs may sue for medical monitoring

Fifth Circuit, joining Eighth Circuit, holds consumers’ “failure to warn” claims against generic-drug makers not preempted by federal law

Fourth Circuit rules that federal law preempts state-law claims arising from alleged malfunction of medical device that complied with FDA requirements

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