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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preemption
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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Proposed Class Action Stayed Pending FDA Guidance
By Sean Wajert on
A California recently indicated he would stay a putative class action raising allegations about labeling of “evaporated cane juice” pendin…
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Local Fracking Ban Struck Down
By Sean Wajert on
We typically focus on state court class actions when they reach the appellate level, but wanted to note an interesting decision at the trial court lev…
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Tea Class Action Dumped Overboard
By Sean Wajert on
A federal court rejected a putative class action against tea maker Twinings North America, Inc. over antioxidant labeling. See Craig v. Twinings N. Am…
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Mouthwash Class Action Washed Out
By Sean Wajert on
A federal judge earlier this month granted defendant’s motion to dismiss a putative class action lawsuit accusing it of using misleading labeling on i…
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Energy Drink Case Subject to Primary Jurisdiction
By Sean Wajert on
We have posted before about the important doctrine of primary jurisdiction. Last week, a defendant obtained dismissal of a proposed class action over …
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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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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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Supreme Court Declines to Review Medical Device Case
By Sean Wajert on
Posted in Articles, Drug and Device
Earlier this week, the Supreme Court declined to hear plaintiff’s challenge to the Fourth Circuit’s decision on an important aspect of medical device …
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