Litigation

Recent Posts

9th Circuit: Federal Law Doesn't Preempt Parallel State Law Device Claim
Posted on 10 Jan 2013 by Tom Moylan

SAN FRANCISCO- (Mealey's) The Ninth Circuit U.S. Court of Appeals, sitting en banc , ruled Jan. 10 that federal law does not preempt, expressly or by implication, a state law failure-to-warn claim alleging that Medtronic Inc. violated its federal... Read More

Ballard Spahr LLP: New Jersey Supreme Court Clarifies Impact Of FDA Approval On Discovery Rule
Posted on 2 Mar 2012 by Ballard Spahr LLP

Adopting a middle-of-the-road approach that may raise more questions than it answers, the New Jersey Supreme Court has ruled that FDA approval of drug and medical device warnings creates a presumption against application of the discovery rule to a defendant's... Read More

2nd Fosamax Bellwether Plaintiff Failed To Prove Causation, 2nd Circuit Affirms
Posted on 8 Nov 2010 by Tom Moylan

NEW YORK - (Mealey's) The second bellwether plaintiff in the Fosamax multidistrict litigation failed to produce evidence that the osteoporosis drug caused her osteonecrosis of the jaw (ONJ), a panel of the Second Circuit U.S. Court of Appeals ruled... Read More