Litigation

Recent Posts

Drug Pump Claims Preempted Expressly, Implicitly, 9th Circuit Panel Majority Says
Posted on 17 Apr 2012 by Tom Moylan

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... Read More

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
Posted on 2 Feb 2011 by Keller and Heckman LLP

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... Read More

Vaccine Design Defect, Warning Claims By Parents Are Preempted, 9th Circuit Says
Posted on 27 Sep 2012 by LexisNexis Litigation Resource Community Staff

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... Read More

Duane Morris Alert: Supreme Court Orders 9th Circuit to Revisit Preemption Ruling Against Generic OTC Ibuprofen Manufacturer
Posted on 21 Nov 2011 by Duane Morris LLP

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... Read More