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
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
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
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
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
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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