Products Liability, Conflict of Laws, Health Law

The Gap Between Express and Implied Preemption Narrows In The Ninth Circuit

by Sedgwick LLP on 5/14/2012

The Ninth Circuit Court of Appeals recently shrank universe of state law claims pertaining to Class III medical devices that remain untouched by Riegel express preemption or Buckman implied preemption. In Stengel v....more

There They Go Again

by Dechert LLP on 10/21/2011

A lot of people think that Ronald Reagan won the presidency in 1980 in his first debate when he replied jokingly “there you go again” to then-President Carter’s attempt to portray him as some sort of rightwing nut intent upon...more

Successful Class II Medical Device Preemption Decision

by Dechert LLP on 9/29/2011

We don't see many successful applications of preemption with respect to 510k, Class II medical devices since Medtronic, Inc. v. Lohr, 518 U.S. 470 (1996), so when we do, it's a big deal. Here's one. Today, in Degelmann v....more

No Preemption for the Common Cold Remedy

by Dechert LLP on 8/3/2011

Since the first sneeze, people have been trying to cure the common cold. While the cure remains elusive, everyone has a remedy for its symptoms – chicken soup, salt water gargle, fresh chopped garlic on crackers and, our...more

IOM Releases Controversial 510K Device Report

by Dechert LLP on 8/2/2011

Earlier this week, an Institute of Medicine’s Committee released its report on the Public Health Effectiveness of the FDA 510(k) Clearance Process. The report offers a variety of recommendations and suggested reforms for...more

Supreme Court’s Finding of Preemption for Generic Manufacturers Will Have Significant Implications for Brand-Name Companies

by King & Spalding on 6/27/2011

On June 23, 2011, in a 5-4 decision, the Supreme Court held that federal law preempts state law failure-to-warn claims against generic pharmaceutical manufacturers. Pliva, Inc. v. Mensing, No. 09-993 (June 23, 2011). The...more

Two More From The Supreme Court

by Dechert LLP on 6/24/2011

Generic Manufacturers Win Preemption In Mensing The Court decided 5-4 in favor of generic preemption today in Pliva, Inc. v. Mensing, No. 09–993, slip op. (U.S. June 23, 2011). We’d like to talk about Mensing, but it’s a...more

Pro Te: Solutio - Vol. 3, No. 4 - October 2010

by Butler, Snow, O'Mara, Stevens and Cannada,... on 10/31/2010

In this issue: FDA Warning And Untitled Letters - Using Historical Reference To Avoid Receiving Them In The Future; Healthcare Reform - Actions That Can Be Implemented Today To Prepare For Changes; Generic Preemption After...more

Federal Government to Provide Its Position on Generic Preemption to the U.S. Supreme Court

by Duane Morris LLP on 8/3/2010

Following the U.S. Supreme Court's March 2009 landmark decision in Wyeth v. Levine, state and federal courts have struggled with how to apply Levine to failure-to-warn products liability claims against generic pharmaceutical...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

Federal Pre-Emption in Medical Device and Pharmaceutical Litigation

by Dinsmore & Shohl LLP on 11/11/2009

Over the past two years, the United States Supreme Court has had two opportunities to address and add to the jurisprudence in the area of federal pre-emption of state law claims regarding allegedly defective medical devices...more

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Products Liability › Conflict of Laws › Health Law