Toxic Tort Litigator Margie Searcy Alford On Wyeth v. Levine

In this Emerging Issues analysis, toxic tort litigator and author Margie Searcy Alford comments on the U.S. Supreme Court in Wyeth v. Levine (129 S. Ct. 1187 [2009]). The court held that federal law did not preempt state failure-to-warn claims against drug manufacturers. Ms. Alford also gives practice...

2nd Sex Abuse Suit against Santa Rosa Diocese

SAN FRANCISCO - (AP) A man who claimed he was sexually abused as a child by an Irish priest filed a lawsuit Thursday against the Roman Catholic Diocese of Santa Rosa the second such suit alleging the church knew the priest faced abuse charges in Ireland, but failed to warn the parish. The lawsuit. ....

Pennsylvania Court Partly Reverses Preemption In Thimerosal Injury Case

HARRISBURG, Pa. - (Mealey's) The Pennsylvania Superior Court on Jan. 11 partly reversed preemption summary judgment in a thimerosal vaccine injury case, saying the trial court needs to conduct a case-by-case inquiry of the side effects of the vaccines involved ( Jacqueline Wright, et al. v. Aventis...

5th Circuit: Device Failure-To-Warn Claims Aren't Preempted

NEW ORLEANS -- (Mealey's) A woman's failure-to-warn claims involving a uterine ablation device are not preempted by federal law, a panel of the Fifth Circuit U.S. Court of Appeals ruled Jan. 21 ( Jan Hughes v. Boston Scientific Corporation , No. 09-60925, 5th Cir.). In 2006, a HydroThermAblator...

Free Download: Keller & Heckman Litigation Alert: 9th Circuit Rules State Law Failure-To-Warn Claims Against Manufacturers Of Generic Drugs Not Preempted By Federal Law

On January 24, 2010, the Ninth Circuit Court of Appeals joined the Fifth and Eighth Circuits, in extending the Supreme Court's decision in Wyeth v. Levine to state law failure-to-warn claims against makers of generic drugs. The Ninth Circuit held such state law claims are not preempted by federal...

California Jury Rules For Defense In Benzene Wrongful Death Case

LOS ANGELES -- A California Superior Court jury on Feb. 10 returned a verdict for the defense in a suit alleging that exposure to solvents including benzene caused a Los Angeles-area worker's death of acute myelogenous leukemia (AML), saying that the exposure was not a substantial factor in the man's...

Supreme Court: Generic Drug Makers Not Liable For Warnings

WASHINGTON, D.C. - (AP) The Supreme Court on Thursday ruled that makers of generic drugs cannot be sued for failing to warn consumers of the possible side effects of their products if they copy the exact warnings on the brand-name equivalents of the medicines. The majority opinion acknowledged that the...

Jury In 5th Prempro MDL Bellwether Finds Wyeth Didn't Fail To Warn About Cancer

JONESBORO, Ark. - (Mealey's) The fifth bellwether trial in the Prempro multidistrict litigation ended in a defense verdict on Oct. 20 in the U.S. District Court for the Eastern District of Arkansas after a jury found that Wyeth did not inadequately warn about the risk of breast cancer from the hormone...

Epstein Becker & Green: U.S. Supreme Court Rules Asbestos Claim Preempted

Guest Blogger Nicolas S. Allison is an Associate in Epstein Becker & Green's Asbestos Group in New York. A graduate of Princeton University and Boston University Law School, in addition to his mass tort asbestos work, Nick also represents firm clients in a wide variety of industries, including...

William A. Ruskin: The Role Of The Heeding Presumption In Failure To Warn Litigation

By William A. Ruskin In many jurisdictions, a product liability plaintiff is not permitted to testify concerning what he or she would have done had there been an adequate warning on a product; such testimony is considered both self-serving and speculative. In the absence of such testimony, some states...

Massachusetts Jury Awards $63 Million To Girl, Parents For Children's Motrin Injuries

BROCKTON, Mass. - (Mealey's) A Massachusetts state court jury on Feb. 13 awarded $63 million to a family whose young daughter was severely injured by a reaction to Children's Motrin ( Lisa Reckis, et al. v. Johnson & Johnson, et al. , No. PLCV2007-00064, Mass. Super., Plymouth Co.). According...

William A. Ruskin: No FIFRA Preemption, No Problem!

By William A. Ruskin In Gresser v. Dow Chemical Co ., Ind. Ct. App., No 79A02-1111-CT-1014, 4/30/13 [ enhanced version available to lexis.com subscribers ], the plaintiffs in this toxic tort case alleged that their children developed a variety of illnesses after a purported exposure to Dursban TC in...

William A. Ruskin: Physician's Failure To Read Trumps Drug Company's Failure To Warn

By William A. Ruskin When the prescribing physician in a pharmaceutical product liability case admits that at her deposition that she never reviewed the manufacturer’s label before treating her patient and that the label played no role in her decision to prescribe the drug, plaintiff’s...

Supreme Court Rejects Suit Alleging Burn Injuries From Defective Lighter

WASHINGTON, D.C. — (Mealey's) The U.S. Supreme Court on Jan. 13 denied a petition for a writ of certiorari filed by a man who claims that a child suffered burn injuries due to an allegedly defective cigarette lighter ( David R. Cummins v. Bic USA Inc., et al. , No. 13-574, U.S. Sup.). David...

Nevada State Court Jury Returns Defense Verdict In 2-Plaintiff Actos Cancer Trial

LAS VEGAS — (Mealey's) A Nevada state court jury on May 22 returned a unanimous defense verdict in a 32-day, two-plaintiff Actos bladder cancer trial, but two plaintiff attorneys say they will seek a new trial because they believe their objections to what the judge labeled “misconduct”...

Failure-To-Update Claims For Generic Drugs Not Preempted In New Jersey, Court Says

TRENTON, N.J. — (Mealey’s) A New Jersey state appeals court panel on Nov. 12 affirmed a lower court ruling that generic drug manufacturers can be sued for failure to update their labels with warnings added to the labels of the predecessor drug ( In Re: Reglan Litigation , No. A-2014-13T4...