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12 Months of Additional ADA Leave Not Reasonable, Court Says
  • Fisher Phillips
  • USA
  • May 25 2017

A federal appellate court recently ruled that an employee’s request for 12 months of additional Medical Leave was not reasonable, and thereby upheld

NMCA: Expert failed to establish prima facie case that pharmacy satisfied standard of care
  • Modrall Sperling
  • USA
  • April 25 2017

Earlier this month, the New Mexico Court of Appeals issued a decision (Oakey v. May Maple Pharmacy, Inc.) that should be required reading for all

Supreme Court takes position on mandatory arbitration in generic medicines disputes
  • Coelho Ribeiro e Associados
  • Portugal
  • March 7 2017

The Supreme Court answers (albeit not definitely) the vexata quaestio about whether a Defendant may challenge in the arbitration procedure the

Pemetrexed in Germany: Federal Court of Justice sets aside decision of Appeal Court
  • Taylor Wessing
  • Germany
  • June 16 2016

After an oral hearing held on 14 June 2016 in the Pemetrexed-proceedings initiated by Eli Lilly against Actavis the German Federal Court of Justice

Texas Supreme Court affirms learned intermediary rule for prescription medications
  • Alston & Bird LLP
  • USA
  • June 21 2012

Earlier this month in Centcor, Inc. v. Hamilton, No. 10-0223 (decided June 8, 2012), the Texas Supreme Court ruled for the first time that Texas's "learned intermediary" doctrine "generally applies within the context of the patient-physician relationship and allows a prescription drug manufacturer to fulfill its duty to warn end users of its product's potential risks by providing adequate warning to the prescribing physician," placing Texas "alongside the vast majority of other jurisdictions that have considered the issue."

Big win for drug companies under the New Jersey Product Liability Act
  • Duane Morris LLP
  • USA
  • October 4 2011

On September 29, 2011, in Bailey v. Wyeth, et al., a New Jersey appellate court affirmed summary judgment in favor of two Pfizer subsidiaries and Wyeth, Inc., dismissing claims for violations of New Jersey's Product Liability Act (PLA).

First amendment toolkit
  • Dechert LLP
  • USA
  • September 1 2011

For anyone even thinking about an FDA-related First Amendment challenge, the Supreme Court’s decisions in Sorrell v. IMS Health Inc., 131 S. Ct. 2653 (2011), and Thompson v. Western States Medical Center, 535 U.S. 357 (2002), are absolutely required reading.

CAFC upholds validity of formulation claim (Fortical)
  • Lathrop Gage LLP
  • USA
  • August 30 2011

On August 25, 2011, the Court of Appeals for the Federal Circuit (CAFC) upheld a District Court’s grant of summary judgment of non-obviousness with respect to a pharmaceutical composition comprising salmon calcitonin and a specific concentration of citric acid and other components.

Texas Supreme Court clarifies requirements for proving causation with clinical trial evidence
  • Baker Botts LLP
  • USA
  • August 29 2011

In a significant win for pharmaceutical and other defendants in Texas product liability cases, the Texas Supreme Court on Friday, August 26, 2011 issued its opinion in Merck & Co. v. Garza, reaffirming its landmark decision in Merrill Dow Pharmaceuticals, Inc. v. Havner, in which the court set forth requirements for determining whether epidemiological evidence is sufficiently scientifically reliable to prove causation.

Plaintiff whose sales territories were reduced upon pregnancy announcement survives summary judgment in retaliation case against employer
  • Fenwick & West LLP
  • USA
  • August 16 2011

A recent ruling by the United States District Court for the District of Columbia denied an employer's motion for summary judgment, holding that a former employee's lawsuit under the FMLA should be allowed to proceed to trial.