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
Continue Reading Federal Court Offers Cogent Analysis of Warning Causation in Drug Case
heeding presumption
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…
Continue Reading State Court Upholds Questionable Bystander Liability Claim
5th Circuit Clarifies Heeding Presumption in Learned Intermediary Case
By Sean Wajert on
Posted in Articles, Drug and Device
In a previous post, MassTortDefense began analysis of the 5th Circuit’s decision in Ackermann v. Wyeth Pharmaceuticals, 2008 WL 1821379 (5th Cir, Apri…
Continue Reading 5th Circuit Clarifies Heeding Presumption in Learned Intermediary Case
5th Circuit Clarifies Learned Intermediary Doctrine and Heeding Presumption
By Sean Wajert on
Posted in Articles, Drug and Device
In Ackermann v. Wyeth Pharmaceuticals, 2008 WL 1821379 (5th Cir, April 24, 2008), the Fifth Circuit addressed a couple of very important issues affect…
Continue Reading 5th Circuit Clarifies Learned Intermediary Doctrine and Heeding Presumption