Recent Posts

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

Teva Settles 'Vast Majority' Of Propofol Vial/Hepatitis C Infection Cases In Nevada
Posted on 21 Feb 2012 by Tom Moylan

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

Free Download: Keller & Heckman Litigation Alert: 8th Circuit Finds Adulterated Drug Claims Not Preempted
Posted on 3 Feb 2011 by Keller and Heckman LLP

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

10th Circuit Majority Says Infuse Off-Label Claims Are Preempted By Congress
Posted on 21 Apr 2015 by Tom Moylan

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

Toxic Tort Litigator Margie Searcy Alford On Wyeth v. Levine
Posted on 5 May 2010 by Margie Searcy Alford

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

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

Failure To Update Generic Metoclopramide Label Not Preempted, 6th Circuit Says
Posted on 14 Mar 2013 by Tom Moylan

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

U.S. Supreme Court Won't Take Up Preemption Of Over-The-Counter Drugs
Posted on 9 Oct 2012 by Tom Moylan

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

6th Circuit Reverses Preemption In Sulzer Knee Case, Finding Claim Parallels Quality Rule
Posted on 22 Jun 2010 by Tom Moylan

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

Ballard Spahr LLP Alert: Florida Supreme Court Rules State Vicarious Liability Law Preempted
Posted on 30 Jun 2011 by Ballard Spahr LLP

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

5th Circuit: Device Failure-To-Warn Claims Aren't Preempted
Posted on 24 Jan 2011 by Tom Moylan

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

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

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

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