Academic

Vaccine Act Preempts Design Defects and Failure to Warn Claims
Several plaintiffs across the country have initiated failure to warn and design defects cases against Aventis Pasteur Inc, Merck, and Wyeth. They allege that the childhood vaccines cause autism...

SCOTUS to hear two big preemption cases
Wyeth v. Levine, certiorari to the Supreme Court of Vermont, will decide to what extent FDA regulation of warning labels preempts failure-to-warn claims. The solicitor general's brief nicely explains the stakes, and why reversal is merited now that the Court...

FDA proposes rule holding prescription drug companies less accountable than recent federal law intended
The FDA has proposed a rule in direct contradiction to a law passed by Congress that helps hold negligent drug companies accountable for injuries to consumers caused by prescription drugs...

Dangerous Drugs--Who Is The FDA Trying To Protect
In January of this year, the FDA issued a proposed rule which directly contradicts Congress? expressed intent when it passed the Food and Drug Administration Amendment?s Act of 2007 (FDAAA)...

Ginsbergs Riegel Dissent: A Hidden Win for Drug Preemption
More on Riegel - this time from one of our recidivist guest posters, Adam Masin at Reed Smith.He thinks there may be a silver lining for drug defendants in Justice Ginsbeg's anti-preemption dissent...

We Like Sykes Again
A year ago, on March 31, 2007, we published a post titled "We Like Sykes" about the Pennsylvania federal decision in Sykes v. Glaxo-SmithKline, et al., No. 06-1111, slip op. (E.D. Pa...

Pet Food Recall and Deaths
Dogs and Cats Sickened by Tainted Menu Food Products

Mitchell Report Summary
Report on Steroid Drug Use in Major League Baseball by Senator George Mitchell

Ladder Accident Injury Claims
Were you or a loved one injured in a ladder accident?

Failure-to-accommodate claim yields $1.82M award
$1.82 Million Awarded in Employment Lawsuit

Drug Manufacturer Rebates
Caremark Corp. agrees to pay $38.5 million settlement after convincing doctors to switch drug brands.

AIG Settles Injury Claim
for $18 Million

Georgette Klinger Spa
alleging unpaid wages and benefits and violation of the WARN Act.

Hardcore Energy Drinks
FDA, Health Canada Warn of Suspected Tampering

Recovery Claim
Florida Insurance Guarantee Association agrees to pay $14 million settlement to Home Solutions of America for construction services.