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28 Jun 2007, 10:16 am
Wyeth-Ayerst Laboratories, 283 F.3d 315, 321 (5th Cir. 2002), and Williams v. [read post]
23 Oct 2008, 9:03 am
Again, that sounds like a field preemption argument to us.And we know there are lots and lots more of these types of cases than just the few cited in the petition, because they're in Bexis' book. [read post]
28 Nov 2011, 4:02 am by Max Kennerly, Esq.
Merck’s just doing the Ford Pinto calculation, re-introduced to a new generation as the Fight Club new car recall formula: A new car built by my company leaves somewhere traveling at 60 mph. [read post]
13 Jul 2011, 10:53 am by Bexis
  If a plaintiff argued that a defendant’s medical device should have been drastically re-designed to make it safer, would that purported state-law duty conflict with the terms of the device’s clearance? [read post]
27 Oct 2011, 2:42 pm by FDABlog HPM
  But it fits hand-in-glove with the Plaintiffs’ endgame: that “a court should apply the impossibility preemption analysis utilized in [Wyeth v. [read post]
4 Mar 2010, 10:58 am by Beck, et al.
  So, even if you're not promoting an off-label use, Parisian would impose a duty to research them. [read post]
17 Jun 2010, 5:00 am by Bexis
June 15, 2010).We’re particularly pleased with Gibson because it dispatched one of our longest-standing bête noirs – market share liability. [read post]