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Ninth Circuit Undoes Incretin Implied Preemption Ruling - For Now
  • Reed Smith LLP
  • USA
  • December 20 2017

We reported two weeks ago on an order favoring implied preemption in an innovator prescription drug case coming out of the Eliquis MDL in New York

The Bank Rejects Fosamax Folly
  • Reed Smith LLP
  • USA
  • October 11 2017

Look what just fell into our lap. Our blogging about the favorable California Risperdal preemption decision last week shook loose from that same case

Supreme Court Biosimilar Patent Dance Decision Largely Favors Biosimilars
  • Foley & Lardner LLP
  • USA
  • June 13 2017

On June 12, 2017, the Supreme Court issued a unanimous decision in Sandoz Inc. v. Amgen Inc. (No. 15-1039), deciding that 42 U.S.C. 262(l)(9)(C

Supreme Court Issues Highly Anticipated Decision Interpreting the Biologics Price Competition and Innovation Act
  • Kramer Levin Naftalis & Frankel LLP
  • USA
  • June 12 2017

On June 12, the Supreme Court decided Sandoz Inc. v. Amgen Inc., the first case under the Biologics Price Competition and Innovation Act of 2009

Picking Up the Post-Preemption Pieces
  • Reed Smith LLP
  • USA
  • May 25 2017

Parties often file motions in limine on fairly case-specific issues, building on the history of discovery and motions practice in the case. Applying

No Ifs, Ands Or Butts - Preemption Gutts, Rebutts, and Shutts Down Utts
  • Reed Smith LLP
  • USA
  • May 17 2017

Late last year we happily blogged about Utts v. Bristol-Myers Squibb Co., ___ F. Supp.3d ___, 2016 WL 7429449 (S.D.N.Y. Dec. 23, 2016), chiefly

Lack of Specificity May Kill Parallel State Law Product Claims, But Not Fraud Claim
  • Cozen O'Connor
  • USA
  • May 11 2017

A Michigan district court judge determined last week that product liability claims against an FDA approved medical device manufacturer were preempted

EDLA Rejects Preemption of Drug Design Defect Claim
  • Reed Smith LLP
  • USA
  • April 20 2017

Just yesterday we made the following observation: a design defect claim is often a make-weight claim. How should the design have been improved? Not

WDNY Holds that Tysabri Warnings are Adequate as Matter of Law and that Product Liability Claims are Preempted
  • Reed Smith LLP
  • USA
  • April 19 2017

However a drugdevice product liability is styled, it will almost always be focused on a claim of failure to warn. Why do plaintiffs insist on

Third Circuit Reinterprets Wyeth v. Levine for the Worse and Finds Preemption is a Jury Question
  • Dechert LLP
  • USA
  • March 28 2017

Last week the Third Circuit overturned the dismissal of thousands of cases in In re: Fosamax Products Liability Litigation, F.3d -, 2017 WL 1075047