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30 Jan 2015, 8:19 pm by Schachtman
In re Zoloft (Sertraline Hydrochloride) Prods. [read post]
12 Jan 2015, 12:59 pm
Medtronic, Inc., 552 U.S. 312 (2008), and Wyeth v. [read post]
5 Jan 2015, 1:26 pm
  The supporting citations are only from Wyeth v. [read post]
18 Nov 2014, 11:16 am
  As the Appellate Division points out, non-preemption of “duty to update” is the majority view.We may not like it, but we’re not losing much sleep about it.Why? [read post]
13 Nov 2014, 5:00 am
Courtesy of Mike Imbroscio of Covington (who was on the winning team) today’s post is about a very satisfying Cymbalta win – not only did warning causation fail under the learned intermediary rule, but the warning for the drug was held adequate as a matter of law. [read post]
7 Nov 2014, 5:52 am
., 256 F.3d 1013, 1021 (10th Cir. 2001) (wrong to “construe [a treater’s] ‘heeding’ an adequate warning to mean [s/he] would have given the warning”) (applying Oklahoma law); In re Diet Drug Litigation, 895 A.2d 480, 490-91 (N.J. [read post]
2 Oct 2014, 9:18 am
”That’s bad if you’re representing OTC drug manufacturers, as we sometimes do. [read post]
12 Sep 2014, 1:41 pm
Wyeth-Ayerst Labs., 385 F.3d 961, 965-966 (6th Cir. 2004); Bouchard v. [read post]
4 Sep 2014, 12:42 pm
  To avoid preemption, device plaintiffs erroneously tried to rely on Wyeth v. [read post]
22 Aug 2014, 9:22 am
A short history of recent implied preemption “impossibility” decisions:  (1) In Wyeth v. [read post]