Searching Content indexed under Trials & Appeals & Compensation by Julie Park ordered by Published Date Descending.
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Supreme Court Decides Prescription Drug Preemption Case In Favor Of Drug Manufacturer
The United States Supreme Court finally clarified its 11-year-old "clear evidence" standard for pharmaceutical preemption.
United States
13 Jun 2019
Fortune Favors The Quick (To Report): Judge Slaps Spectrum Brands With $1.9 Million Penalty In DOJ/CPSC Tag-Team Enforcement Action
A federal district court in Wisconsin recently hit Spectrum Brands Inc. (Spectrum) with civil penalties of $1.9 million for violations of the Consumer Products Safety Act (CPSA).
United States
27 Oct 2017
CPSC To Consider New Magnet Set Safety Standards Following 10th Circuit Decision In Zen Magnets
We have entered the next chapter in the ongoing saga of the Consumer Product Safety Commission's ("CPSC") regulation of high-powered, small, rare earth magnet sets ("SREMS").
United States
31 Mar 2017
Small Magnets, Big Trouble – Zen Successfully Challenges CPSC Rulemaking In The 10th Circuit
The United States Court of Appeals for the Tenth Circuit recently vacated the CPSC 2014 rulemaking that prohibits the importation and distribution of high-powered, small, rare earth magnet sets (SREMS).
United States
30 Jan 2017
Generalized Products Liability Claims Not Viable Post-Spokeo
The Supreme Court case Spokeo, Inc. v. Robins reaffirmed and clarified the requirements necessary for plaintiffs to establish standing.
United States
17 Jun 2016
Statute Of Limitations Taking The Steam Out Of CPSC-Backed Enforcement Action?
It is no secret that the U.S. Consumer Product Safety Commission is ramping up its efforts to enforce various aspects of the Consumer Product Safety Act...
United States
18 May 2016
Defendants Secure Rare Summary Judgment In Zoloft MDL
In an unusual turn of events, U.S. District Judge Cynthia Rufe recently granted defendants' motion for summary judgment as to over 300 cases in the Zoloft MDL.
United States
9 May 2016
Definitely Not Zen – Magnets Attract Unprecedented Action From CPSC
The last weeks of March brought us two interesting and seemingly contradictory opinions that show the many tools that the Consumer Product Safety Commission (CPSC) has at its disposal to enforce its own regulations.
United States
18 Apr 2016
Federal Preemption Claims: Clear Evidence And An Unclear Standard
Last week, a federal court in Utah granted Aventis Inc.'s motion for summary judgment based on federal preemption of failure-to-warn claims.
United States
6 Apr 2016
Liability For Brand Drug Manufacturers All But Clear
Earlier this month, a federal district court in Illinois denied GlaxoSmithKline's (GSK) renewed summary judgment motion based on federal preemption of failure-to-warn claims...
United States
3 Mar 2016
Defendants Find Relief From Burdensome Discovery Requests
Defendants with substantial resources frequently find themselves on the receiving end of unreasonable discovery requests in an attempt to overwhelm the party and stall litigation.
United States
12 Feb 2016
New Settlement Highlights FDA's Diminishing Power Over Off-Label Promotion
In a surprising turn of events, Pacira Pharmaceuticals, Inc. and the Food and Drug Administration (FDA) announced that they have settled their dispute regarding the off-label promotion of Exparel, one of Pacira's anesthetic drugs.
United States
31 Dec 2015
Sixth Circuit Sweeps State-Law Design Defect Claims Under The Rug Of Impossibility Preemption
Yates is the first federal appellate authority to recognize "impossibility preemption" of design defect claims against brand-name drug manufacturers.
United States
23 Dec 2015
Recall, Enforce, Repeat! CPSC And DOJ Team Up For Another Enforcement Action
The United States Consumer Product Safety Commission (CPSC) continues to escalate its enforcement efforts.
United States
29 Jun 2015
Alabama Legislature Says No To Innovator Liability
On April 29, 2015, the Alabama Senate passed a bill, SB80, "to provide that a manufacturer is not liable . . . for damages resulting from a product it did not design, manufacture, sell, or lease." Sponsored by Senator Cam Ward, the bill supersedes the Alabama Supreme Court’s controversial holding in Wyeth, Inc. v. Weeks, No. 1101397, 2014 WL 4055813 (Ala. Aug. 15, 2014).
United States
6 May 2015
Generic Drug Manufacturers To Face Failure-To-Warn Claims In California
On January 20, 2015, the Supreme Court declined to hear an appeal involving failure-to-warn claims against generic pharmaceutical manufacturers. Teva Pharms. USA Inc. v. Super. Ct., No. 13-956, 2015 WL 231967 (U.S. Jan. 20, 2015).
United States
2 Feb 2015
"Generic" Logic Helps Branded Drug Achieve Dismissal
A federal district court has held that design defect claims against a brand pharmaceutical manufacturer are preempted by federal law.
United States
18 Nov 2014
Weeks II: Innovator Liability Finds A Sweet Home In Alabama
Last week, the Supreme Court of Alabama confirmed its January 2013 holding that manufacturers of brand drugs can be liable for injuries caused by generic drugs.
United States
2 Sep 2014
Looking To Litigate In Secret? Fourth Circuit Creates Hurdles For Product Manufacturers
The Fourth Circuit ruled that a manufacturer could not hide behind a veil of secrecy even after successfully enjoining the CPSC from publishing an inaccurate report of harm.
United States
22 May 2014
"Brand" New Law: Illinois Court Holds Brand Manufacturers Owe Duty Of Care To Generic Users
Last week, a federal district court in Illinois held that GlaxoSmithKline, a branded drug manufacturer, owed a duty of care to a patient who took the generic version of its drug. Dolin v. SmithKline Beecham Corp., No. 1:12-cv-06403, slip op.
United States
15 Mar 2014
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