LexisNexis® Legal Newsroom
Duane Morris Alert: Supreme Court Orders 9th Circuit to Revisit Preemption Ruling Against Generic OTC Ibuprofen Manufacturer

During its October 28, 2011, conference, the U.S. Supreme Court remanded to the Ninth Circuit its ruling denying federal preemption to a generic manufacturer of ibuprofen to be reassessed in light of the Court's Mensing decision last term. The remand potentially presents an opportunity for the Supreme...

Teva Settles 'Vast Majority' Of Propofol Vial/Hepatitis C Infection Cases In Nevada

NORTH WALES, Pa. - (Mealey's) Teva Pharmaceuticals Industries Ltd. has agreed to settle "the vast majority" of its propofol vial/hepatitis C cases, a company spokesperson said Feb. 21. Teva did not disclose the amount of the settlement or the number of cases settled. However, the...

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...

Drug Pump Claims Preempted Expressly, Implicitly, 9th Circuit Panel Majority Says

SAN FRANCISCO - (Mealey's) In a 2-1 ruling, a panel of the Ninth Circuit U.S. Court of Appeals said April 16 that claims that a Medtronic drug pump and spine catheter caused a plaintiff to become a paraplegic are preempted explicitly and implicitly by federal medical device law and by U.S. Supreme...

1st Circuit: $21 Million Design Defect Verdict For Generic Drug Injury Not Preempted

BOSTON - (Mealey's) A panel of the First Circuit U.S. Court of Appeals on May 2 affirmed a $21 million generic drug injury verdict, finding that a 2011 Supreme Court ruling about generic drug injury claims does not preempt design defect claims ( Karen L. Bartlett v. Mutual Pharmaceutical Company...

Vaccine Design Defect, Warning Claims By Parents Are Preempted, 9th Circuit Says

SAN FRANCISCO - (Mealey's) The Ninth Circuit U.S. Court of Appeals on Sept. 25 said design defect and failure-to-warn claims filed by the parents of a child who died after getting vaccinated are preempted by the federal vaccine law, but noted that parents may pursue some state law claims on their...

U.S. Supreme Court Won't Take Up Preemption Of Over-The-Counter Drugs

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Oct. 9 denied a petition by a Johnson & Johnson subsidiary asking the high court to find that state law failure-to-warn claims involving over-the-counter (OTC), nonprescription drugs are preempted under the court's 2011 ruling in which...

Fulbright Briefing: In Mixed Ruling, California Court Addresses Interplay Between Arbitration and Choice-of-Law Provisions in Customer Agreements

By Ellen Bush Sessions , Eric A. Herzog and Spencer Persson In a recent decision with implications for broker-dealers and other companies that do business in California, the California Court of Appeal considered whether the Federal Arbitration Act (FAA) (9 U.S.C. sections 1-16) preempted application...

5th Circuit: Mensing Doesn't Make Brand-Name Defendants Liable For Injuries

NEW ORLEANS - (Mealey's) The U.S. Supreme Court's ruling that preempts failure-to-warn claims involving generic drugs does not change Louisiana state law and make manufacturers of brand-name versions liable, a Fifth Circuit U.S. Court of Appeals panel ruled Oct. 25 ( Julie Demahy v. Schwarz Pharma...

U.S. Supreme Court Will Rule On Preemption Of Generic Drug Design Defect Claim

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Nov. 30 said it will review a First Circuit U.S. Court of Appeals ruling that a defective design claim involving a generic drug is not preempted by federal law, placing in jeopardy a $21 million verdict for a New Hampshire woman who suffered...

U.S. High Court Allows Solicitor General To Argue For Drug Design Defect Preemption

WASHINGTON, D.C. - (Mealey's) The U.S. solicitor general will be allowed to argue March 19 that design defect claims involving generic drugs are preempted by federal law, the U.S. Supreme Court decided March 4 in granting the federal government's motion to participate in oral arguments ( Mutual...

Failure To Update Generic Metoclopramide Label Not Preempted, 6th Circuit Says

CINCINNATI - (Mealey's) A plaintiff's claim that PLIVA Inc. failed to add a 2004 warning from the Reglan label to its label for generic metoclopramide is not preempted, a panel of the Sixth Circuit U.S. Court of Appeals said March 13 in what it described as question of first impression in the...

Supreme Court Questions If New Hampshire Law Escapes Preemption Of Drug Claims

WASHINGTON, D.C. - (Mealey's) Several U.S. Supreme Court justices on March 19 questioned whether New Hampshire law allows a design defect claim against a generic drug manufacturer that escapes preemption under the high court's two drug preemption rulings ( Mutual Pharmaceutical Company, Inc....

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...

Supreme Court Says State Law Design Defect Claim For Generic Drug Is Preempted

WASHINGTON, D.C. - (Mealey's) In a 5-4 decision, the U.S. Supreme Court on June 24 ruled that state law design defect claims that turn on the adequacy of a drug's warning are preempted by federal law ( Mutual Pharmaceutical Company, Inc. v. Karen L. Bartlett , No. 12-142, U.S. Sup.). [lexis.com...

William A. Ruskin: Does Preemption Prevent Redress For Homeowners Impacted By Polluters' Air Emissions?

By William A. Ruskin On April 23, 2012, residents of rural Muscatine, Iowa filed a class action lawsuit titled, Laurie Freeman et al. v. Grain Processing Corporation (case no. LACV 021232), in the Iowa District Court for Muscatine County. The defendant, Grain Processing Corporation, is an Iowa manufacturer...

Split 6th Circuit: Michigan Drug Shield Law Does Not Apply To Fentanyl Patch

CINCINNATI — (Mealey’s) A split Sixth Circuit U.S. Court of Appeals on Jan. 21 reversed dismissal of a fentanyl patch overdose lawsuit, saying the trial court needs to determine whether the patch is a combination product that is not preempted by Michigan’s drug preemption law ( Beth...

3rd Circuit Says Design Defect Claims For Generic Fosamax Are Preempted

PHILADELPHIA — (Mealey’s) Strict liability design defect claims involving generic versions of the osteoporosis drug Fosamax are preempted by federal law despite plaintiffs’ attempts to narrow U.S. Supreme Court case law, a panel of the Third Circuit U.S. Court of Appeals ruled April...

U.S. Supreme Court Holds That The Comprehensive Environmental Response Compensation And Liability Act Does Not Preempt A State’s Statute Of Repose

Monday, June 9, 2014, the United States Supreme Court released the decision in the case of CTS Corporation v. Peter Waldburger, et al . The case involved a tort action brought for damages that arose from the release of a hazardous substance, pollutant, or contaminant into the environment. CTS sold...

U.S. Supreme Court Won’t Hear Drug Pump Adverse Event Preemption Case

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on June 23 let stand a federal appeals court ruling that there is no preemption of a claim that medical device manufacturer Medtronic Inc. violated its duty under federal law to report adverse events to the Food and Drug Administration...

6th Circuit Panel Affirms Most Darvon/Darvocet/Propoxyphene Claims Are Preempted

CINCINNATI — (Mealey’s) The Sixth Circuit U.S. Court of Appeals on June 27 affirmed dismissal of 67 of 68 Darvon/Darvocet/ propoxyphene multidistrict litigation cases, finding that the plaintiffs either failed to properly plead their claims or that the claims are preempted by federal law...

Norton Rose Fulbright: CERCLA's Federal Discovery Rule Does Not Preempt State Statutes Of Repose

By Janet L. McQuaid , Michael P. Gaetani , Joshua Snyder , and Jennifer Blair Caplan . . . [T]he United States Supreme Court held in CTS Corp. v. Waldburger 1 that Section 9658 of CERCLA 2 does not preempt state statutes of repose that set a time frame after which a potential defendant is no longer...

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...

Generic Drug Failure-To-Update Preemption Ruling Won’t Be Reviewed By High Court

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Jan. 20 denied review of a California appeals court ruling that a drug company may be liable for failure to update a generic drug’s warning label ( Teva Pharmaceuticals USA Inc., et al. v. Superior Court of California, et al. ...

Massachusetts High Court Affirms $63 Million Children’s Motrin Verdict For Child, Parents

BOSTON — (Mealey’s) The Massachusetts Supreme Judicial Court on April 17 affirmed a $63 million Children’s Motrin verdict, finding that the plaintiffs’ warning claim is not preempted, that its key expert was qualified to testify about causation and that the awards for the victim...