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
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... Read More
Consumers can sue a drug company for selling a drug that was not manufactured pursuant to good manufacturing practices (GMP) and was, thus, "adulterated" under the Food, Drug and Cosmetic Act (FDCA). Such claims are not preempted by federal... Read More
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... Read More
DENVER — (Mealey’s) In a 2-1 decision, a panel of the 10th Circuit U.S. Court of Appeals on April 21 affirmed that a plaintiff’s claim alleging off-label promotion and use of Medtronic Inc.’s Infuse bone graft system is preempted... Read More
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... Read More
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
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... Read More
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... Read More
CINCINNATI - (Mealey's) A divided panel of the Sixth Circuit U.S. Court of Appeals on June 16 reversed preemption summary judgment in a Sulzer hip case after the majority found that the federal good manufacturing practice (GMP) rule can be construed... Read More
By the Ballard Spahr Consumer Financial Services Group The Florida Supreme Court has ruled in Vargas v. Enterprise Leasing Company that the State law imposing vicarious liability on short-term car lessors is preempted by the federal Graves Amendment... Read More
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... Read More
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
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
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