Search for: "FELLNER v. TRI UNION SEAFOODS, L.L.C."
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22 Aug, 2008 1:00 pm by Kimberly A. Kralowec
In Fellner v. Tri-Union Seafoods, L.L.C., ___ F.3d ___ (Aug. 19, 2008), the Third Circuit held that the FDA's "regulatory actions" ... warnings as misbranding under federal law or as contrary to federal law in any other respect. Fellner's lawsuit does not conflict with the FDA's "regulatory scheme" for the risks posed by ... the warnings appropriate for that risk because the FDA simply has not regulated the matter. Fellner's duty-to-warn claim does not conflict with an FDA determination deliberately to ...
Tags: preemption, UCL
The UCL Practitioner - http://www.uclpractitioner.com/
4 Sep, 2008 11:49 am by Beck/Herrmann
... second interesting aspect of Knipe is how the opinion grabs hold of the Fellner case, Fellner v. Tri-Union Seafoods, L.L.C., 2008 WL 3842925 (3d Cir. Aug ... the agency is supposed to/allowed to take any of these types of actions. One thing Fellner certainly did not involve was an FDA amicus brief - which is what Knipe ignored in ... 177-79 (3d Cir. 2004). On this point, at least, Knipe is just plain wrong. Fellner is simply not authority that courts may disregard of agency positions asserted in amicus ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
17 Apr, 2008 10:39 am
... for precedent that supports the kind of judicial notice that the Colacicco court allowed. Colacicco cited Anspach v. City of Philadelphia, Dep't of Public Health, 503 F.3d 256, 273 n. ... 2007) (FDA talk paper; FDA vaccine approvals; FDA guidances); Fellner v. Tri-Union Seafoods, L.L.C., 2007 WL 87633, at *1 (D.N.J. Jan. ... judicial notice of FDA regulatory positions has been approved by other Pennsylvania courts. Cosom v. Marcotte, 760 A.2d 886, 893 (Pa. Super. 2000) (several FDA actions involving bone ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
28 Aug, 2008 2:29 pm
... U.S. 3rd Circuit Court of Appeals, August 19, 2008 Fellner v. Tri-Union Seafoods, L.L.C., No. 07-1238 In a class-action suit alleging ... . 05-17080, 06-15566 An order denying qualified immunity in an 42 U.S.C. section 1983 class action suit is affirmed where, under the circumstances of this case, San Francisco's ... s sexual orientation. . California Appellate Districts, August 19, 2008 Zumbrun Law Firm v. California Legislature, No. C054832 Denial of declaratory and injunctive relief for plaintiff is ...
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