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California Supreme Court Recognizes “Innovator Liability”

USA - December 22 2017 Yesterday, the California Supreme Court in T.H. v. Novartis Pharmaceuticals Corp., became the first state high court to recognize the doctrine of...

Stanley E. Blackmon.

Fifth Circuit "Denies" Mandamus in Hip Implant MDL

USA - September 12 2017 On August 31st, the U.S. Court of Appeals for the Fifth Circuit denied DePuy Orthopaedics' petition for a writ of mandamus instructing the U.S...

Stanley E. Blackmon, Tripp Haston.

Brand-name manufacturers win again against users of generic products

USA - July 2 2012 Last week, Bradley Arant Boult Cummings LLP helped Pfizer (legacy Wyeth) secure dismissal of several Reglanmetoclopramide cases pending in the Superior Court of New Jersey and federal court in Mississippi....

Tripp Haston.

Supreme Court holds that generic drug manufacturers can challenge the validity of a reference drug’s “use code"

USA - April 20 2012 This week, the Supreme Court made it easier for a generic drug maker to challenge the way in which brand-name drug manufacturers describe patents to the FDA....

Tripp Haston.

Preemption lives on through rejected warnings

USA - September 22 2010 The United States Court of Appeals for the Seventh Circuit recently clarified, in its decision in Robinson v. McNeil Consumer Healthcare, 2010 WL 3156548, No. 09-4011 (7th Cir. Aug. 11, 2010), a defense left open by the Supreme Court of the United States last year in Wyeth v. Levineimplied preemption of state law when the FDA has expressly rejected a proposed warning....