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: Civil Procedure Prof BlogFifth Circuit Holds Federal Law Preempts Texas Law in Drug Failure-to-Warn Case
Full post as published by Civil Procedure Prof Blog on February 24, 2012 (boomark / email).
FDA Drug Regulation Preempts Failure-to-Warn Claim
The U.S. Court of Appeals for the Third Circuit ruled that the Food & Drug Administration's long history of regulating anti-depressants and its explicit rejection of a suicidality warning for the drugs Paxil and Zoloft preempts state-law based failure-to-warn claims...
"This case presents one issue on appeal: whether the federal regulatory regime governing pharmaceuticals preempts state-law failure-to-warn claims against manufacturers of generic drugs."
"This case presents one issue on appeal: whether the federal regulatory regime governing pharmaceuticals preempts state-law failure-to-warn claims against manufacturers of generic drugs...
Ninth Circuit holds that federal law does not preempt state law failure-to-warn claims against generic drug manufacturers
Ninth Circuit holds that federal law does not preempt state law failure-to-warn claims against generic drug manufacturers: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Ninth Circuit, joining other courts, finds that state law failure-to-warn claims are not preempted by FDA regulations
In Gaeta v. Perrigo Pharmaceuticals Co.,the Ninth Circuit this week joined its sister circuits in holding that the Supreme Court case Wyeth v. Levine, 129 S. Ct. 1187 (2009), which established that failure-to-warn cases against brand name drug manufacturers are...
Third Circuit holds that federal law preempts lawsuit alleging cancer risk from cell phone use
Third Circuit holds that federal law preempts lawsuit alleging cancer risk from cell phone use: You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link...
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...
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