Last week the Sixth Circuit issued a significant opinion in Yates v. Ortho-McNeil-Janssen Pharmaceuticals Inc., No. 15-3104, 2015 WL 8538119 (6th Cir.
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Levine
Preemption Found in Another Drug MDL
By Sean Wajert on
Posted in Articles, Drug and Device
Implied preemption makes complete sense when it is evident that the FDA would not have permitted label changes that plaintiffs in private litigation s…
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Administration Releases Memorandum On Preemption
By Sean Wajert on
Posted in Articles, Drug and Device
The Democratic assault on the preemption doctrine has taken its next step with the release last week by the White House of a Presidential memorandum w…
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Preemption Decision in Wake of Levine
By Sean Wajert on
Posted in Articles, Drug and Device
Much attention has been focused on what aspects of the preemption doctrine were restricted by the U.S. Supreme Court’s recent decision in Wyeth v. Lev…
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Supreme Court Decides Levine v. Wyeth
By Sean Wajert on
Posted in Articles, Drug and Device
The Supreme Court has issued its decision in the much-anticipated Levine preemption case. Readers of MassTortDefense will recall that Wyeth manufactur…
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Wyeth Files Reply Brief in Levine Preemption Case
By Sean Wajert on
Posted in Articles, Drug and Device
Wyeth has filed its reply brief in the Levine case. The reply stresses that this case is not a conventional failure to warn case, but an alleged failu…
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