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Supreme Court Rules That Judges Must Decide Preemption of Failure-to-Warn Claims

USA - May 24 2019 While the Albrecht decision brings much-needed clarity to the brand drug preemption analysis first articulated in Wyeth v. Levine, it does not…

Matthew Decker.

Should Juries Try To Predict FDA Drug Labeling Decisions?

USA - November 13 2018 On June 28, 2018, the Supreme Court of the United States accepted for review Merck Sharp & Dohme Corp. v. Albrecht, an appeal from the Third Circuit…

Matthew Decker.

Spoliation of Electronic Information Under Amended Federal Rule 37(e)

USA - February 7 2017 Federal Rule of Civil Procedure 37(e), amended in December 2015, imposes sanctions for a party's failure to preserve electronic data. Under the…

Kimberly G. Lippman.

A new paradigm for challenges for cause in Pennsylvania

USA - March 27 2014 On March 12, 2014, the Pennsylvania Superior Court, sitting en banc, found the participation of three jurors in a medical malpractice death case was…

Solomon David.

Supreme Court holds FDCA preempts common law design-defect claim against generic drugs

USA - July 2 2013 On June 24, 2013, the U.S. Supreme Court held in Mutual Pharmaceutical Co., Inc. v. Bartlett that the Federal Food, Drug, and Cosmetic Act (FDCA)…

Andrew R. Sperl, Sharon L. Caffrey.