Products Liability Civil Remedies Administrative Agency

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Generic Drug Law Update -- November 2012: Expanding Liability for Ineffective Product Recalls

FDA-regulated companies may face civil liability if they fail to provide adequate notice of product recalls to their customers via information gathered in company customer databases. A group of California plaintiffs sued a...more

Federal Court Ruling Validates Industry Concerns with CPSC Database

The Consumer Product Safety Commission’s (“CPSC”) product safety database suffered its first successful legal challenge in a recent ruling by a Maryland federal judge. U.S. District Judge Alexander Williams Jr.’s opinion in...more

Meningitis Suits Stand To Benefit From FDA Criminal Probe

Originally published in Law360, New York on October 18, 2012. If the U.S. Food and Drug Administration's recent raid of the pharmacy at the center of the ongoing meningitis outbreak leads to criminal charges, attorneys...more

An Individualized Motor Vehicle Recall Information Database? Will OEMs and Suppliers Get the Bill?

An Overview of Proposed Amendments to Defect Notification and Early Warning Reporting Regulations Tucked away in the recently enacted 584 page "Moving Ahead for Progress in the 21st Century Act" is a small provision...more

McAfee & Taft RegLINC - July 2012: Industry groups voice concern over OSHA’s change to HazCom standard by Heidi Slinkard Brasher

Several industry groups – including the American Petroleum Institute, CropLife America, American Tort Reform Association, National Oilseed Processors Association, and American Chemistry Counsel – have petitioned a federal...more

"Fraud-on-the-FDA" Failure to Warn Claims Are Preempted by Federal Law

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

Company "Doe" Files Suit Challenging the CPSC Database

Multiple reports indicate that an unnamed company filed a suit last week, under seal, to challenge aspects of the Consumer Product Safety Commission's new public database. Readers may recall that the Consumer Product...more

McAfee & Taft RegLINC - September 2011: Endangered species litigation — Potential impact on pesticide use in production...

On May 30, 2007, the Center for Biological Diversity filed a lawsuit alleging that the U.S. Environmental Protection Agency (EPA) was failing to comply with Section 7(a)(2) of the Endangered Species Act (ESA) in regard to 47...more

Pennsylvania District Court Dismisses Class Action Against Pharmaceutical Giant Johnson & Johnson

Judge Mary McLaughlin of the U.S. District Court for the Eastern District of Pennsylvania tossed a class action lawsuit last week after finding that the named plaintiffs lacked standing in In re McNeil Consumer Healthcare...more

Addendum

Last Friday, we put up a bare bones post about some expert rulings in HT (bareboned because our involvement in the litigation limits what we can say). We've now learned that the third order has been - not exactly modified...more

Generic Drug Makers Protected from Failure to Warn Claims

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

Medicare . . . Yep It Is Still Boring

It has been several months since we last posted about Medicare and our client’s new reporting requirements. While we are sure you have enjoyed the reprieve, Medicare remains one of those boring things you need to know....more

Utah Preemption Split Deepens

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

Weekly Law Resume - December 30, 2010: Federal Preemption Expanded as to State Law Product Liability Claims Involving Medical...

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

In Stricker Case, District Court to Dismiss Medicare's Suit Seeking Reimbursement from Defendants, Insurers and Attorneys

In December 2009 in United States v. Stricker,1 the U.S. government filed suit against chemical companies, insurers and several plaintiffs' attorneys who participated in the $300 million Abernathy v. Monsanto class action...more

Curbing Drug-Company Abuses: Are Fines Enough?

That’s the headline of a recent Time Magazine article. The question is whether relatively small fines (relative to drug company profits) are any real deterrent to continued false marketing practices. The article is a good...more

Brain Damage Verdict: $800,000 for Future Pain and Suffering Upheld for Two Children Poisoned by Lead Paint despite Award of Zero...

In August 2000, when they were two and five years old, Wendy Solis-Vicuna and her sister Yessenia moved with their father to an apartment at 6823 Ridge Boulevard, a 20 unit building in Brooklyn, New York built in the...more

Las Vegas Bike Injury Law Finding Recorces

Bicycle Safety Program Through education, enforcement, outreach and legislation, NHTSA's bicycle safety program goals are directed toward reducing bicycle injuries and fatalities. Bicycling is encouraged as an alternate...more

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