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Results: 1-10 of 1,103

Generic drug manufacturers to face failure-to-warn claims in California

  • Morrison & Foerster LLP
  • -
  • USA
  • -
  • January 22 2015

On January 20, 2015, the Supreme Court declined to hear an appeal involving failure-to-warn claims against generic pharmaceutical manufacturers. Teva

Risks don't make drugs un-merchantable in Alabama

  • Dechert LLP
  • -
  • USA
  • -
  • January 20 2015

Way back in 2007 we said this: "We really don't see the purpose in a separate cause of action for breach of implied warranty in a case involving a

Preemption: how do you define water?

  • Reed Smith LLP
  • -
  • USA
  • -
  • January 15 2015

We like Velveeta, frozen yogurt, and Pringlesjust never all at the same time. Anyone who has ever encountered or consumed these products knows that

Stengel claims still require causation

  • Dechert LLP
  • -
  • USA
  • -
  • January 13 2015

Johnson v. Hologic, Inc., 2015 U.S. Dist. LEXIS 1105 (E.D. Cal. Jan. 5, 2015) is a case brought by a pro se plaintiff alleging she was injured by a

Chicago federal court bars expert testimony espousing the “Any Exposure” theory

  • Wilson Elser
  • -
  • USA
  • -
  • January 12 2015

On December 22, 2014, in a pre-trial ruling, the U.S. District Court for the Northern District of Illinois, in Krik v. Crane Co., et al., No

Stay denied; expedited appeal granted in Namenda product hopping suit

  • Patterson Belknap Webb & Tyler LLP
  • -
  • USA
  • -
  • January 8 2015

Following the S.D.N.Y.'s award to the New York State Attorney General of an injunction requiring Actavis to continue distributing the

More support in the fight against innovator liability

  • Reed Smith LLP
  • -
  • USA
  • -
  • January 8 2015

This will be an odd post for us - a research-heavy discussion that doesn't cite to drugmedical device case law. However, the nonsensical "innovator

Ortho Evra MDL goes out with a bang

  • Reed Smith LLP
  • -
  • USA
  • -
  • January 7 2015

We've liked the Ortho Evra MDL. We're going to miss it. It provided us with more than its share of good learned intermediary rulewarning causation

Economic loss doctrine dooms negligence claim

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • January 7 2015

A federal court recently issued an interesting decision discussing the often-confusing economic loss doctrine. See Schwabe North America, Inc. v

Product development protocol (PDP) preemption recognized by Fifth Circuit

  • Dechert LLP
  • -
  • USA
  • -
  • January 6 2015

Not that long ago we alluded to the idea that blogging about decisions throwing out PMA medical device claims on the basis of preemption under Riegel