We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 198

Guest post - never odd or even, just preempted

  • Dechert LLP
  • -
  • USA
  • -
  • January 31 2012

Oh wait a minute

Dear doctor letters as the next warning frontier Kapps vs. Winter

  • Dechert LLP
  • -
  • USA
  • -
  • October 28 2011

Under the learned intermediary rule, for a warning claim to succeed, at a bare minimum the prescribing (or sometimes another) doctor at least has to read the allegedly defective warning

Warnings and punitive damages

  • Dechert LLP
  • -
  • USA
  • -
  • February 24 2012

In our recent post describing Salvio v. Amgen Inc., 2012 WL 517446 (W.D. Pa. Feb. 15, 2012), we mentioned the standard for punitive damages that the court applied “punitive damages are unfounded where a manufacturer-defendant warns of the potential danger that resulted in injury to a plaintiff.”

Seroquel defendant wins again: third party payer off-label use class action dismissal affirmed by 11th Circuit

  • Dechert LLP
  • -
  • USA
  • -
  • March 11 2011

In Ironworkers Local 68 & Participating Employers Health & Welfare Funds v. AstraZeneca Pharmaceuticals LP, No. 08-16851, slip op. (11th Cir. March 11, 2011), the court affirmed dismissal under Rule 12(b)(6) (failure to state a claim) of one of these third-party payer economic loss class action strike suits

Another win for removal before service

  • Dechert LLP
  • -
  • USA
  • -
  • May 2 2012

We’ve learned of another win for removal before service in our local federal court, the Eastern District of Pennsylvania

Pharmacists and the learned intermediary rule

  • Dechert LLP
  • -
  • USA
  • -
  • February 24 2011

As our readers certainly know, the learned intermediary rule holds that prescription medical product warnings are to be directed to prescribing physicians rather than to end user patients

Putting it all together

  • Dechert LLP
  • -
  • USA
  • -
  • March 30 2012

Our first reaction upon reading Metz v. Wyeth, 2012 U.S. Dist. Lexis 42432 (M.D. Fla. March 28, 2012), is boy, this case has a little of everything!

The birdsong remains the same consumer fraud statutes & personal injury plaintiffs lousy together

  • Dechert LLP
  • -
  • USA
  • -
  • April 15 2011

We took a look at a case called Birdsong v. Eli Lilly & Co., 2011 WL 1259650 (W.D. Tenn. Mar. 31, 2011), the other day because we were interested in the grounds that the court used to dismiss the by now more-or-less-standard consumer fraud claim that so many plaintiffs indiscriminately throw into their complaints

What’s up with removal before service?

  • Dechert LLP
  • -
  • USA
  • -
  • May 26 2011

It was one of our biggest issues in the blog's first couple of years - whether a defendant's removal of a case before service on: ( 1) the forum defendant where an out-of-state defendant is sued in its own state's court, or (2) anybody (including the removing defendant), would result in the unserved forum defendant not counting for removalremand purposes

Comment k, some of the way

  • Dechert LLP
  • -
  • USA
  • -
  • April 28 2011

By now Restatement (Second) of Torts 402A (1965) is so old as to be thought of as somewhat antediluvian