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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failure to warn
Another Federal Court Applies Mensing
By Sean Wajert on
Posted in Articles, Drug and Device
A federal court in Ohio recently ruled that a plaintiff who used only the generic form of the drug metoclopramide has no cause of action under the Ohi…
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Federal Court Offers Cogent Analysis of Warning Causation in Drug Case
By Sean Wajert on
Posted in Articles, Drug and Device
A New Jersey federal court granted summary judgment last week to a pharmaceutical defendant in a failure to warn case. See Baker et al. v. APP Pharmac…
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State Court Upholds Questionable Bystander Liability Claim
By Sean Wajert on
Posted in Articles, Consumer Products
The Montana Supreme Court recently upheld the imposition of liability on a bat manufacturer for allegedly failing to warn about the dangers of aluminu…
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Appeals Court Applies Sophisticated User Doctrine
By Sean Wajert on
A California appeals court earlier this month affirmed a trial court’s dismissal of a product liability failure to warn claim, based on the sophistica…
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Failure to Warn Even When You Warn? Court Rejects Plaintiff’s Theory
By Sean Wajert on
One of the fascinating and disturbing things about failure to warn claims is the endless supply of creative, far-fetched, fantastic, implausible, fanc…
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