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10 May 2024, 5:10 am by Andrew Lavoott Bluestone
In Pliva, Inc. v Mensing (564 U.S. 604 [2011]), the Supreme Court found that these plaintiffs’ state-law claims against generic manufacturers were preempted by federal law under the Supremacy Clause to the extent that state-law failure-to-warn statutes required generic drugs to provide more stringent, safer warning labels. [read post]
22 Jan 2009, 2:06 am
That testimony killed the plaintiff's standard product liability case, because under California (and almost all other states') law, a plaintiff cannot establish causation in an inadequate warning case where the prescribing physician did not rely upon the allegedly defective warning. [read post]
28 May 2013, 5:05 am by Schachtman
A-5271-10T3, 2013 WL 1187916 (N.J. [read post]