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31 Aug 2012, 2:43 pm
In PLIVA v. [read post]
18 Jun 2012, 4:17 am
Like with prescription drugs, the judicial activists on the Supreme Court have bent over backwards to shield medical device manufacturers from any responsibility for their actions, frequently twisting the words of Congress — sometimes outright inventing Congressional statutes that don’t exist, like in PLIVA, Inc. v. [read post]
27 Oct 2011, 2:42 pm
Supreme Court’s June 23, 2011, 5-4 landmark decision in PLIVA Inc. v. [read post]
5 Jan 2015, 1:26 pm
The prior published opinion in this case, Teva Pharmaceuticals USA, Inc. v. [read post]
22 Jan 2009, 2:06 am
Wyeth, Inc., 168 Cal. [read post]
23 May 2013, 5:00 am
Not that PLIVA v. [read post]
6 May 2010, 9:43 am
Wyeth, Inc., 601 F.Supp.2d 1262 (W.D.Okla. 2009), which was decided 5 days before Stacel. [read post]
28 Oct 2011, 7:00 am
Wyeth, Inc., 85 Cal. [read post]
16 Apr 2012, 1:37 pm
A slim 5-4 majority of the Supreme Court disappointingly killed the vast majority of generic drug liability last year with PLIVA, Inc. v. [read post]
15 Apr 2014, 9:29 am
To be sure, the Court has barred suits against generic manufacturers in two decisions following up on Wyeth (PLIVA, Inc. v. [read post]
15 Apr 2013, 9:44 am
The “duty of sameness” as a shield—generic drug manufacturers’ tort liability and the need for label independence after … (PLIVA, Inc. v. [read post]
19 Dec 2012, 4:08 pm
IMS Health Inc.. [read post]
2 Mar 2012, 6:52 am
Bard, Inc. [read post]
9 Aug 2012, 5:00 am
Bard, Inc. [read post]
22 Mar 2013, 10:36 am
Medtronic, Inc., 552 U.S. 312, 337 n.7 (2008) (dissent; also referencing “traditional common-law remedies”).Not so in Bartlett. [read post]
1 May 2008, 11:21 am
Beretta USA, Inc., No. 05-6942-cv (2d Cir. [read post]
4 Nov 2010, 1:24 pm
Wyeth, Inc., 85 Cal. [read post]
20 Jul 2012, 11:45 am
The claims (allegations of failure to warn that the generic version of a drug supposedly wasn’t really as safe or effective as the original branded version) were flat out preempted by PLIVA, Inc. [read post]
24 Jun 2013, 5:25 pm
State-law design-defect claims based on the adequacy of a drug’s warnings are preempted by federal law under a 2011 Supreme Court decision, PLIVA, Inc. v. [read post]
30 Jul 2013, 2:01 pm
Lexis 1688, at *36) to Merrell Dow Pharmaceuticals, Inc. v. [read post]