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18 Jun 2012, 4:17 am by Max Kennerly, Esq.
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]
5 Jan 2015, 1:26 pm
  The prior published opinion in this case, Teva Pharmaceuticals USA, Inc. v. [read post]
16 Apr 2012, 1:37 pm by Max Kennerly, Esq.
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 by Ronald Mann
  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 by Jack McNeill
The “duty of sameness” as a shield—generic drug manufacturers’ tort liability and the need for label independence after …  (PLIVA, Inc. v. [read post]
22 Mar 2013, 10:36 am by Bexis
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]
20 Jul 2012, 11:45 am by Bexis
  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 by Cicely Wilson
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 by Bexis
Lexis 1688, at *36) to Merrell Dow Pharmaceuticals, Inc. v. [read post]