Products Liability, Conflict of Laws, Civil Remedies

Van Breda: The Supreme Court of Canada Provides Clarity to Canadian Conflict of Laws Rules

by Field Law on 4/30/2012

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

Trying to Sanction Away Preemption (and Failing)

by Dechert LLP on 4/20/2012

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

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

by Sedgwick LLP on 4/3/2012

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

Aredia/Zometa – The Punitive Dance Continues

by Dechert LLP on 3/28/2012

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

How Plaintiffs are Playing their “Unfortunate Hand”: the Impact of PLIVA v. Mensing on Personal Injury Claims against Generic Drug...

by Duane Morris LLP on 1/24/2012

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

Supreme Court Limits Federal Courts’ Ability to Enjoin Relitigation of Class Certification in State Courts

by Sutherland Asbill & Brennan LLP on 6/25/2011

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

Generic Drug Makers Protected from Failure to Warn Claims

by Morrison & Foerster LLP on 6/24/2011

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

Supreme Court Declines To End Multiple Class Action Mischief

by Dechert LLP on 6/22/2011

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

Utah Preemption Split Deepens

by Dechert LLP on 6/8/2011

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

Federalism And Tort Reform

by Dechert LLP on 5/31/2011

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

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

by Low, Ball & Lynch on 12/30/2010

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

Generic Drug Manufacturers Post-ANDA Approval Duties With Reference To Labeling Changes: Viability of Federal Preemption Defense...

by Duane Morris LLP on 5/19/2010

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

Supreme Court Will Hear Case About Vaccine Side Effects

by Robert Kraft on 3/10/2010

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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Products Liability › Conflict of Laws › Civil Remedies