Litigation

Recent Posts

Supreme Court Questions If New Hampshire Law Escapes Preemption Of Drug Claims
Posted on 20 Mar 2013 by Tom Moylan

WASHINGTON, D.C. - (Mealey's) Several U.S. Supreme Court justices on March 19 questioned whether New Hampshire law allows a design defect claim against a generic drug manufacturer that escapes preemption under the high court's two drug preemption... Read More

U.S. High Court Allows Solicitor General To Argue For Drug Design Defect Preemption
Posted on 4 Mar 2013 by Tom Moylan

WASHINGTON, D.C. - (Mealey's) The U.S. solicitor general will be allowed to argue March 19 that design defect claims involving generic drugs are preempted by federal law, the U.S. Supreme Court decided March 4 in granting the federal government's... 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

U.S. Supreme Court Will Rule On Preemption Of Generic Drug Design Defect Claim
Posted on 3 Dec 2012 by Tom Moylan

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Nov. 30 said it will review a First Circuit U.S. Court of Appeals ruling that a defective design claim involving a generic drug is not preempted by federal law, placing in jeopardy a $21 million... Read More

U.S. High Court Won’t Decide ‘Clear Evidence’ In $63 Million Children’s Motrin Verdict
Posted on 19 Jan 2016 by Tom Moylan

WASHINGTON, D.C. — (Mealey's) The U.S. Supreme Court on Jan. 19 denied a petition by Johnson & Johnson and a subsidiary to decide if denial of a citizen petition constitutes “clear evidence” that the Food and Drug Administration... 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

California State Jury Awards $48.1 Million In Motrin Injury Case
Posted on 4 Oct 2011 by Tom Moylan

LOS ANGELES - (Mealey's) A California state court jury on Oct. 3 awarded $48.1 million to a 22-year-old man who says Johnson & Johnson and subsidiary McNeil Consumer Healthcare failed to warn him that the nonprescription pain and fever remedy... Read More

Pennsylvania Appeals Court Affirms $10M Children’s Motrin TEN Injury Verdict
Posted on 23 Jul 2014 by Tom Moylan

PHILADELPHIA — (Mealey’s) A Pennsylvania appeals court panel on July 22 affirmed a $10 million Children’s Motrin verdict for a girl who suffered toxic epidermal necrolysis (TEN) after being given the over-the-counter pain/fever reducer... Read More

Massachusetts Jury Awards $63 Million To Girl, Parents For Children's Motrin Injuries
Posted on 14 Feb 2013 by Tom Moylan

BROCKTON, Mass. - (Mealey's) A Massachusetts state court jury on Feb. 13 awarded $63 million to a family whose young daughter was severely injured by a reaction to Children's Motrin ( Lisa Reckis, et al. v. Johnson & Johnson, et al. , No.... Read More