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Eighth Circuit rejects innovator liability theory in Mensing v. Wyeth, Inc.

Mayer Brown LLP
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USA
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December 2 2009

On November 27, 2009, the US Court of Appeals for the Eighth Circuit ruled that former brand name manufacturers of Reglan (a prescription drug used to treat certain gastric disorders) could not be held liable for the injuries caused by their competitors’ generic versions of the drug

Supreme Court grants certiorari in National Childhood Vaccine Injury Act case

Mayer Brown LLP
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USA
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March 11 2010

The National Childhood Vaccine Injury Act of 1986 (“Vaccine Act”) , 42 U.S.C. 300aa-1 et seq., expressly preempts state-law claims against vaccine manufacturers if the injury or death giving rise to such a claim “resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions and warning.”

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

New York High Court holds limitations period for latent effects of product exposure subject to tolling statute

Mayer Brown LLP
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USA
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November 29 2010

The New York Court of Appealsthe state's highest courthas held, by a 4-3 vote, that a New York statute that tolls the statute of limitations for claims alleging personal injuries caused by the "latent" effects of exposure to a product or other substance may apply even if the effects manifested themselves only "a few hours" after exposure

US Eighth Circuit affirms federal preemption finding in Sprint Fidelis Lead's product liability litigation

Mayer Brown LLP
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USA
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October 28 2010

The US Court of Appeals for the Eighth Circuit has affirmed the dismissal of a suit brought against the manufacturer of the Sprint Fidelis Lead, a medical device that transmits electrical signals between an implantable cardiac defibrillator and the heart

US FDA argues that state-law failure-to-warn claims against generic drug manufacturers are not preempted by federal law

Mayer Brown LLP
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USA
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November 12 2010

The Food, Drug, and Cosmetic Act (FDCA), 21 U.S.C. 301 et seq., sets out a complex regulatory framework for the labeling and approval of drugs

US Seventh Circuit rejects federal preemption defense for manufacturers of Paxil

Mayer Brown LLP
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USA
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March 2 2010

The US Seventh Circuit Court of Appeals has held that failure-to-warn claims against the manufacturer of the prescription antidepressant Paxil are not preempted by federal law

Third Circuit holds that medical monitoring claim does not apply in medical device litigation

Mayer Brown LLP
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USA
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September 8 2010

The U.S. Court of Appeals for the Third Circuit has held that plaintiffs cannot state a claim for medical monitoring based upon allegations that the implantation of a purportedly defective medical device created an increased risk of future harm

US Supreme Court issues opinion in PLIVA, Inc. v. Mensing

Mayer Brown LLP
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USA
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June 24 2011

In a trilogy of closely watched cases, PLIVA, Inc. v. Mensing, No. 09-993, Activas Elizabeth, LLC v. Mensing, No. 09-1039, and Activas, Inc. v. Demahy, No. 09-1501, the Supreme Court held that the federal statutes and regulations governing the labeling of generic drugs preempt state-law failure-to-warn claims against generic drug manufacturers

US Supreme Court rules that statistical significance is not required for data to be material under Rule 10b-5 in Matrixx Initiatives, Inc. v. Siracusano

Mayer Brown LLP
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USA
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March 28 2011

On March 22, 2011, the United States Supreme Court decided the much-anticipated case Matrixx Initiatives, Inc. v. Siracusano, No. 09-1156

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