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Results: 1-10 of 1,133

First Circuit holds that federal law preempts state-law claims involving a branded drug label

  • Debevoise & Plimpton LLP
  • -
  • USA
  • -
  • March 4 2015

On February 20, 2015, the U.S. Court of Appeals for the First Circuit (the "First Circuit" or "Court") affirmed a district court's dismissal of a

First Circuit finds federal preemption of state tort claims that conflict with a medication’s FDA-approved labeling & warnings

  • King & Spalding LLP
  • -
  • USA
  • -
  • March 2 2015

An opinion issued by the U.S. Court of Appeals for the First Circuit on February 20, 2015 held that the Federal Food, Drug, and Cosmetic Act ("FDCA"

Statistics are still unnecessary for a label to be adequate

  • Cozen O'Connor
  • -
  • USA
  • -
  • March 2 2015

We've already blogged about Judge Sweet's decision last November in the Cymbalta litigation and why it was important. McDowell v. Eli Lilly, 2014 WL

Indigestion inducing treatment of class certification requirements

  • Reed Smith LLP
  • -
  • USA
  • -
  • February 27 2015

Our occasional claims of dyspepsia may be attributed to various things. Professional witnesses offering personal opinions from the stand, juries

Don’t mix apples & bricks Tincher didn’t change Pa. drugdevice law

  • Reed Smith LLP
  • -
  • USA
  • -
  • February 26 2015

In our initial post about Tincher v. Omega Flex, Inc., 104 A.3d 328 (Pa. 2014), we stated up front that we didn't think that Tincherchanged

Off-label promotion allegations trounce fraudulent joinder

  • Dechert LLP
  • -
  • USA
  • -
  • February 24 2015

Do we say often enough how much we dislike off-label promotion theories of liability? It has its own section on the blog and on a quick skim through

Free speech & pharmaceutical promotion U.S. ex rel. Solis v. Millennium Pharmaceuticals, Inc.

  • King & Spalding LLP
  • -
  • USA
  • -
  • February 23 2015

Off-label prescription drug use using drugs to treat ailments not indicated on FDA-approved labeling is among the thorniest legal

Smells like a win in the Ninth Circuit: specific causation required

  • Weil Gotshal & Manges LLP
  • -
  • USA
  • -
  • February 20 2015

Earlier this month, the Ninth Circuit affirmed a California district court’s orders excluding two expert witnesses for failure to prove specific

First Amendment trumps FTC

  • Reed Smith LLP
  • -
  • USA
  • -
  • February 20 2015

The Federal Trade Commission has a long reach, but its grip is not quite as strong as it was before the D.C. Circuit's recent opinion in PomWonderful

The flip side of pharmacy liability

  • Dechert LLP
  • -
  • USA
  • -
  • February 17 2015

On Friday, we posted about a Florida court that allowed negligence claims against a pharmacy that did nothing more than fill prescriptions as they