The U.S. Food and Drug Administration recently took a small step towards providing industry with the long-awaited guidance on how pharmaceutical maker
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Summary Judgment Granted on Product Identification
By Sean Wajert on
Posted in Articles, Drug and Device
Sometimes simpler is better. In product liability litigation nothing is more basic, perhaps, than proof the plaintiff used defendant’s product. Last w…
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Summary Judgment for Defendant in Drug Case
By Sean Wajert on
Posted in Articles, Drug and Device
A federal court recently granted summary judgment against Illinois plaintiffs who alleged that the blood clotting drug Trasylol caused the husband’s k…
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Second Circuit Rejects Claims Over Scientific Literature
By Sean Wajert on
Posted in Articles, Drug and Device
The Second Circuit recently held that scientific opinions voiced during debate of unsettled questions generally cannot support false advertising or de…
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Supreme Court Issues Important Preemption Ruling
By Sean Wajert on
Posted in Articles, Drug and Device
The Supreme Court last week reversed the First Circuit decision in Mutual Pharmaceutical Co. v. Bartlett, No. 12-142 (U.S., 6/24/13). Readers will rec…
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Supreme Court Declines to Review Defense Win in Drug Case
By Sean Wajert on
Posted in Articles, Drug and Device
The Supreme Court declined earlier this month to review a decision by the Second Circuit affirming a defense verdict in the Fosamax litigation. See Se…
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Drug and Device Seminar Approaches
By Sean Wajert on
Posted in Articles, Drug and Device
It is spring time — although you might not know it from the weather — and it is time for one of the premier educational and networking conferences f…
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DES Plaintiff’s Reach for Market Share Liability Rejected Again
By Sean Wajert on
Posted in Articles, Drug and Device
If asbestos is the grandfather of mass torts, the DES litigation may be the grandmother, with claims continuing today for harm allegedly caused by in …
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Solomon Court Issues Wise Decision in Drug Case
By Sean Wajert on
Posted in Articles, Drug and Device
The federal court in New Jersey recently granted summary judgment to a drug manufacturer in a failure to warn claim under Texas law. See Solomon v. Br…
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Drug Maker Defeats AG Motion to Dismiss Action Challenging Private Contingency Counsel
By Sean Wajert on
We have warned readers before about the dangerous and growing practice of governmental agencies delegating state police powers to private (plaintiff) …
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