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Eleventh Circuit Affirms A Very Unhappy Unverdict Against Hip Manufacturer
  • Reed Smith LLP
  • USA
  • March 27 2017

A funny thing happened on the way to a defense verdict last yearafter the jury decided that the Defendant’s product was not defective, the MDL judge

Another Successful “Clear Evidence” Preemption Defense
  • Weil Gotshal & Manges LLP
  • USA
  • April 8 2016

This month, the District Court of Utah issued a preemption decision addressing the “clear evidence” standard set forth in the Supreme Court’s

Federal preemption claims: clear evidence and an unclear standard
  • Morrison & Foerster LLP
  • USA
  • March 30 2016

Last week, a federal court in Utah granted Aventis Inc.’s motion for summary judgment based on federal preemption of failure-to-warn claims. Cerveny

Utah preemption split deepens
  • Dechert LLP
  • USA
  • June 8 2011

We've blogged before about the split among Utah courts about whether Buckman Co. v. Plaintiffs’ Legal Committee, 531 U.S. 341 (2001), preempts the fraud on the FDA exception to Utah's statutory bar (Utah Code Ann. 78B-8-203) against punitive damages where the product complies with FDA standards.