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12 Mar 2024, 12:46 pm by admin
Wyeth-Ayerst Laboratories Co., 278 F.Supp.2d 684, 700 (W.D.N.C. 2003) (expert witnesses may not opine about corporate intent and motive) (barring Dr. [read post]
19 Mar 2022, 2:09 pm by admin
”[4] The United States Environmental Protection Agency (EPA) acknowledges that estimating “risk” from low level exposures based upon laboratory animal data is fraught because of inter-specie differences in longevity, body habitus and size, genetics, metabolism, excretion patterns, genetic homogeneity of laboratory animals, dosing levels and regimens. [read post]
2 Dec 2015, 12:38 pm by Schachtman
Philippus Aureolus Theophrastus Bombastus von Hohenheim thankfully went by the simple moniker Paracelsus, sort of the Cher of the 1500s. [read post]
25 Apr 2015, 11:03 am by Schachtman
The first edition of the Reference Manual on Scientific Evidence [Manual] was published in 1994, a year after the Supreme Court delivered its opinion in Daubert. [read post]
7 Nov 2014, 1:37 pm
Wyeth-Ayerst Laboratories Co., 278 F. [read post]
7 Nov 2014, 5:52 am
We’ve made no secret of our distaste for the so called “heeding presumption” – that juries may presume that any alternative “adequate” warning would have been heeded by the plaintiff (or, in prescription medical product cases, the prescriber). [read post]
23 Jun 2014, 12:57 pm by Schachtman
ITERATIVE DISJUNCTIVE SYLLOGISM Basic propositional logic teaches that the disjunctive syllogism (modus tollendo ponens) is a valid argument, in which one of its premises is a disjunction (P v Q), and the other premise is the negation of one of the disjuncts: P v Q ~P­­­_____ ∴ Q See Irving Copi & Carl Cohen Introduction to Logic at 362 (2005). [read post]
29 May 2014, 5:00 am
Wyeth-Ayerst Laboratories, 1994 WL 532091, at *1 (E.D. [read post]
17 Oct 2013, 5:00 am by Bexis
For some reason, we recently found ourselves comparing our favorite defenses to our favorite rock bands. [read post]
5 Jul 2013, 5:00 am by Bexis
Wyeth Laboratories Inc., 734 A.2d 1245, 1259 (N.J. 1999). [read post]
5 Jun 2013, 5:29 am by Schachtman
Merrill-National Laboratories, 646 F.Supp. 856 (D. [read post]
16 Apr 2013, 6:51 am by Bexis
Wyeth-Ayerst Laboratories, 385 F.3d 961 (6th Cir. 2004)), and the plaintiffs played the same non-severability card. [read post]
6 Mar 2013, 10:08 am by Rebecca Tushnet
Wyeth-Ayerst Laboratories, 283 F.3d 315 (5th Cir. 2002), involved a product that delivered the medical benefits consumers expected, and there was no allegation that they paid more than they would have if the alleged risks had been properly disclosed. [read post]
11 Sep 2012, 11:36 am by Bexis
Wyeth-Ayerst Laboratories, 385 F.3d 961 (6th Cir. 2004), that the fraud exception to Michigan’s bar on products liability suits against drug manufacturers is preempted, even where Plaintiffs haven’t alleged fraud-on-the-FDA in the classical sense.Plaintiffs brought consolidated products-liability actions against drug manufacturers Genentech, Inc. and Xoma (U.S.) [read post]
27 Jun 2012, 5:00 am by Steve McConnell
Wyeth-Ayerst Laboratories, 283 F.3d 315 (5th Cir. 2002), "at least with respect to the question of whether he has alleged a concrete and particularized economic injury; '[m]erely asking for money does not establish an injury or fact.' Id. quoting Rivera, 283 F.2d at 310. [read post]
18 Jun 2012, 6:51 am by Rebecca Tushnet
Wyeth-Ayerst Laboratories, 283 F.3d 315 (5th Cir. 2002), and  Williams v. [read post]
3 Mar 2012, 5:36 pm by Schachtman
Wyeth-Ayerst Laboratories Co., appears to recognize that risk and cause are distinct concepts. 278 F. [read post]
7 Jul 2011, 2:31 pm by Bexis
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]