Search for: ""Wyeth v. Levine" OR "555 U.S. 555""
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22 Aug 2014, 9:22 am
Levine, 555 U.S. 555 (2009), impossibility preemption did not apply to innovator prescription drugs because simultaneous compliance with FDA and state tort law labeling obligations was possible due to the “changes being effected” (“CBE”) exception allowing updated warnings without prior FDA approval. [read post]
22 Mar 2013, 10:36 am
Levine, 555 U.S. 555, 565 (2009) (considering only the “narrower question” of “an adequate warning” claim; avoiding preemption of a “duty to contraindicate”); PLIVA v. [read post]
17 Jun 2014, 8:45 am
Levine, 555 U.S. 555 (2009). [read post]
30 Jul 2013, 2:01 pm
Levine, 555 U.S. 555 (2009)). [read post]
10 Apr 2014, 11:58 am
Although Czimmer v. [read post]
5 Sep 2013, 12:24 pm
Levine, 555 U.S. 555 (2009) – we took a look.Hmmmm.For a post-Levine decision, we actually don’t think the rulings are all that bad. [read post]
6 Jun 2012, 5:35 am
Levine, 555 U.S. 555 (2009), that the defendant could have “strengthened” the labeling by making the label “more prominent” generally. [read post]
29 Dec 2011, 6:53 am
Levine, 555 U.S. 555 (2009), a lot of commentators had written generic preemption off – but not us, as we pointed out here almost a month before Mensing was decided. [read post]
25 Oct 2022, 2:37 pm
See Cruz v. [read post]
14 Nov 2013, 7:41 am
Levine, 555 U.S. 555 (2009), and PLIVA v. [read post]
5 Jul 2013, 5:00 am
(U.S. [read post]
7 Jul 2011, 2:31 pm
Wyeth-Ayerst Laboratories, 385 F.3d 961 (6th Cir. 2004)), with jurisdiction over Michigan – yet another court out of New York now presumes to know New Jersey law better than the New Jersey courts (McDarby v. [read post]
3 Jan 2012, 10:20 am
Wyeth LLC, 131 S. [read post]
7 May 2012, 5:00 am
Levine, 555 U.S. 555 (2009), involved warning claims (again, they’re the most common), neither case was 100% on point.Bartlett initially demonstrates why “design defect” simply doesn’t fit prescription drugs (some medical devices are different). [read post]
