News & Analysis as of

Failure To Warn Burden of Proof

Liability for Brand Drug Manufacturers All But Clear

by Morrison & Foerster LLP on

Earlier this month, a federal district court in Illinois denied GlaxoSmithKline’s (GSK) renewed summary judgment motion based on federal preemption of failure-to-warn claims in an opinion setting tough standards for brand...more

Wyeth v. Levine’s ‘Clear Evidence' Language: Clearly Misunderstood

by Foley Hoag LLP on

In 2009, the United States Supreme Court in Wyeth v. Levine affirmed a judgment rejecting a prescription drug manufacturer’s contention that plaintiff’s claim that the manufacturer should have strengthened its U.S. Food and...more

Heedless Heeding Presumptions – How New York Law Became a Morass

by Reed Smith on

Ever since this blog started, we’ve made plain that we have no use for the so-called “heeding presumption.” This presumption posits that, because under Restatement §402A, comment j, a defendant providing an adequate warning...more

Does New York Law Contain a Heeding Presumption? It Depends Who You Ask

Few theories of liability are as elusive and difficult to defend against as “failure to warn.” Given the hindsight borne of any accident, it is tempting to suggest, and for a jury to want to believe, that a few simple words...more

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Cybersecurity

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