Litigation

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Drug Czar: California Pot Law Could Spark Lawsuit
Posted on 20 Oct 2010 by LexisNexis Litigation Resource Community Staff

SAN FRANCISCO - (AP) Federal officials haven't ruled out taking legal action if California voters approve a ballot initiative that would legalize recreational marijuana use in the state, President Barack Obama's drug czar said Wednesday. In a... Read More

U.S. High Court Denies Review Of Last Pending Appeal Of Generic Label-Update Claim
Posted on 18 May 2015 by Tom Moylan

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on May 18 denied review in the last pending “failure-to-update-warnings” preemption appeal by generic drug manufacturers ( Teva Pharmaceuticals USA, Inc., et al. v. Paul E. Hassett... Read More

6th Circuit Reverses Preemption-Based Dismissal Of Diet Drug Negligence Claims
Posted on 18 Aug 2010 by Michael Lefkowitz

CINCINNATI - (Mealey's) Citing the Supreme Court's rejection of implied preemption of pharmaceutical product liability in Wyeth v. Diana Levine (No. 06-1249, U.S. Sup.; 2009 U.S. LEXIS 1774), the Sixth Circuit U.S. Court of Appeals on Aug. 18... Read More

1st Circuit: $21 Million Design Defect Verdict For Generic Drug Injury Not Preempted
Posted on 3 May 2012 by Tom Moylan

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... Read More

Split Supreme Court Says Generic Drug Warning Claims Are Preempted
Posted on 23 Jun 2011 by Tom Moylan

WASHINGTON, D.C. - (Mealey's) State tort law failure-to-warn claims involving the generic drug metoclopramide are preempted by federal law, the U.S. Supreme Court said June 23 in a 5-4 ruling ( Pliva, Inc., et al. v. Gladys Mensing , No. 09-993, Actavis... Read More

Massachusetts High Court Affirms $63 Million Children’s Motrin Verdict For Child, Parents
Posted on 17 Apr 2015 by Tom Moylan

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... Read More

Split 6th Circuit: Michigan Drug Shield Law Does Not Apply To Fentanyl Patch
Posted on 21 Jan 2014 by Tom Moylan

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... Read More