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West Virginia Plaintiffs Haunted by Past Excesses
  • Reed Smith LLP
  • USA
  • November 13 2017

We remember how, shortly after the atrocious decision in Johnson & Johnson v. Karl, 647 S.E.2d 899 (W. Va. 2007), rejecting altogether the learned


Plaintiffs’ Fraud-On-The-FDA Claim Preempted By Federal Law
  • Weil Gotshal & Manges LLP
  • USA
  • September 21 2016

Last month, a West Virginia state judge granted summary judgment for Pfizer on the basis that the manufacturer was immune from suit pursuant to


West Virginia High Court rules FDA warning letters do not prove drug maker wrongdoing
  • Shook Hardy & Bacon LLP
  • USA
  • December 9 2010

The West Virginia Supreme Court of Appeals has reversed an order granting the plaintiff's partial summary judgment motion in a case involving alleged false and misleading communications by a drug maker to health care providers, finding that the lower court erred in giving preclusive effect to Food and Drug Administration (FDA) warning letters


State impact of FDA actions
  • Alston & Bird LLP
  • USA
  • August 17 2009

West Virginia and Johnson & Johnson's subsidiary, Janssen Pharmaceutica, Inc., offer a cautionary tale for all companies regulated by the Food and Drug Administration (FDA) regarding the potential ramifications of FDA enforcement actions