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Sixth Circuit Sweeps State-Law Design Defect Claims Under the Rug of Impossibility Preemption

USA - December 15 2015 Last week, the Sixth Circuit Court of Appeals issued a groundbreaking opinion in Yates v. Ortho-McNeil-Janssen Pharmaceuticals, Inc. that could…

Dean Seif Atyia, Erin M. Bosman, Julie Y. Park

Alabama legislature says no to innovator liability

USA - April 30 2015 On April 29, 2015, the Alabama Senate passed a bill, SB80, "to provide that a manufacturer is not liable . . . for damages resulting from a product …

Erin M. Bosman, Julie Y. Park

"Generic" logic helps branded drug achieve dismissal

USA - November 6 2014 A federal district court has held that design defect claims against a brand pharmaceutical manufacturer are preempted by federal law. Booker v…

Erin M. Bosman

Weeks II: innovator liability finds a sweet home in Alabama

USA - August 20 2014 Last week, the Supreme Court of Alabama confirmed its January 2013 holding that manufacturers of brand drugs can be liable for injuries caused by…

Erin M. Bosman, Julie Y. Park

The ghosts of litigation holds past

USA - July 24 2014 Earlier this year, in the widely followed In re: Actos (Pioglitazone) Products Liability Litigation matter, a Louisiana federal jury ordered a drug…

Erin M. Bosman, Kimberly Gosling