Class certification was denied — again — in litigation brought by plaintiffs who allege a drug maker misstated the likelihood of withdrawal symptoms
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Drug and Device
PhRMA Responds to FDA Letter in First Amendment Dispute
By Sean Wajert on
Posted in Articles, Drug and Device
The Pharmaceutical Research and Manufacturers of America last week submitted an amicus brief relating to the FDA’s response to a drug company’s suit c…
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NJ Court Affirms Role of Learned Intermediary Doctrine
By Sean Wajert on
Posted in Articles, Drug and Device
A New Jersey court overseeing the centralized litigation regarding the human tissue product AlloDerm has issued a noteworthy ruling in a bellwether ca…
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Alabama Legislature Enacts Causation in Fact Requirement
By Sean Wajert on
Posted in Articles, Drug and Device
There is likely no more fundamental notion in product liability law than the recognition that the defendant’s product must cause the injury complained…
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Federal Court Rejects Off-Label Marketing Class Action
By Sean Wajert on
A Pennsylvania federal court recently refused to certify a proposed class action accusing a drugmaker of off-label marketing. See In re: Actiq Sales a…
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Class Certification Denied in Drug Case
By Sean Wajert on
A federal court rejected a proposed class action in which plaintiffs alleged that a drug maker misstated the frequency of potential side effects. See …
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Judicial Hellholes Report Released
By Sean Wajert on
The American Tort Reform Foundation issued its annual Judicial Hellholes® report this week, naming courts in New York City, California, West Virgi…
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Seventh Circuit Rejects Another Class Settlement
By Sean Wajert on
The Seventh Circuit is one of the appeals courts that tends to examine very closely proposed class action settlements. In a recent case, the court rej…
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En Banc Appeals Court Interprets CAFA Mass Action Requirement
By Sean Wajert on
The Ninth Circuit has weighed in on an interesting CAFA issue, holding that personal injury claims relating to prescription pain relief drugs belong i…
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New Drug Law in Canada
By Sean Wajert on
Posted in Articles, Drug and Device
With a tip of the cap to our old friend, Peter Pliszka, north of border: Earlier this month, the so-called Protecting Canadians from Unsafe Drugs Act …
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