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Since 2008 New Jersey law has effectively granted pharmaceutical manufacturers immunity from punitive damages claims. While New Jersey state courts continue to recognise and enforce that immunity, some recent federal court...more
The old adage "Bad cases make bad law" is invoked when the facts of a case lead a court to rule in favor of the particular entities before it rather than applying the law consistently. (Although anyone familiar with recent...more
It is a fact of life in the modern world that manufacturers and distributors of products often do business in multiple jurisdictions, across multiple borders. A product manufactured in one country, can be distributed and sold...more
We always try to keep things lively around here. Law can sometimes be drudgery. But we don’t ever want that type of atmosphere to seep into this blog. That’s one of the reasons the blog is here: to discuss what we do...more
The extent to which federal law preempts state law claims is an issue that has been in the forefront of drug and medical device litigation throughout the past few years. In the context of medical device litigation, the U.S....more
When last we wrote of punitive damages in the Aredia/Zometa litigation, we predicted the parties were entangled in a dance that would involve back and forth on both sides and that wasn’t likely to end anytime soon. See prior...more
Seven months ago, the U.S. Supreme Court issued a landmark decision finding that claims by injured plaintiffs alleging that generic drug manufacturers failed to warn adequately of the risks of their products are preempted,...more
On June 16, 2011, the U.S. Supreme Court unanimously reversed a decision by the U.S. Court of Appeals for the Eighth Circuit that had affirmed an injunction against a state court’s certification of a class where the U.S....more
In a surprising decision that could affect thousands of pending lawsuits, the Supreme Court held today that federal law preempts failure to warn claims against generic pharmaceutical companies. Justice Thomas delivered the...more
The second of our Supreme Court trilogy for the week. The Court ruled last week in Smith v. Bayer Corp., No. 09-1205, that a federal district court was prevented by the the Anti-Injunction Act from enjoining a state court...more
We've blogged before about the split among Utah courts about whether Buckman Co. v. Plaintiffs’ Legal Committee, 531 U.S. 341 (2001), preempts the fraud on the FDA exception to Utah's statutory bar (Utah Code Ann. §78B-8-203)...more
On Wednesday, we discussed the relevant parts of pending tort reform legislation. Earlier in the month we updated our favorite federalist point, which is that federal courts should not issue expansive interpretations of state...more
This case considered the scope of federal preemption of state law product liability claims involving a medical device. The court held that for a medical device that has been approved for clinical testing pursuant to an...more
The U.S. Supreme Court's decision in Wyeth v. Levine, 129 S.Ct. 1187 (2009), found that plaintiffs' state-law based failure-to-warn claims were not preempted in the context of drugs manufactured by innovator manufacturers....more
The Supreme Court will decide whether drug makers can be sued by parents who claim their children suffered serious health problems from vaccines. As reported by the Associated Press, the Court agreed to hear an appeal from...more
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