April 29, 2013
National Law Journal | Subscription Required | April 29, 2013
On March 19, the U.S. Supreme Court heard arguments in the fourth in a series of recent "pre-emption" cases involving prescription drugs and medical devices.
April 5, 2013
Wall Street Journal | April 5, 2013
A raft of lawsuits filed Thursday against St. Jude Medical Inc. over an implanted heart device could challenge the broad liability protection that medical-device makers have enjoyed since a key Supreme Court ruling in 2008.
March 26, 2013
ThomsonReuters | March 26, 2013
A federal appeals court on Monday ruled that patients who underwent laser eye surgery cannot sue doctors or the manufacturer for failing to inform them that the laser device was not approved to treat farsightedness, the latest setback for plaintiffs challenging off-label uses of medical products.
March 21, 2013
National Law Journal | Subscription Required | March 21, 2013
Nearly two years ago, the Supreme Court ruled that manufacturers of generic drugs were immune from liability in "failure to warn" lawsuits in state courts, in part because under federal law, generics are powerless to have warnings or labels that are different from their brand-name counterparts.
March 20, 2013
Wall Street Journal | Subscription Required | March 20, 2013
The Supreme Court on Tuesday heard a generic-drug maker's argument that it should escape liability for selling a defective medication that left a New Hampshire woman disfigured, legally blind and unable to swallow food.
March 19, 2013
Wall Street Journal | Subscription Required | March 19, 2013
Would you rather have a jury or medical experts judge drug safety?
ThomsonReuters | March 19, 2013
The U.S. Supreme Court on Tuesday will hear oral arguments in a controversial case that could determine whether individuals are able to sue generic drug manufacturers over injuries caused by their products.
February 25, 2013
Wall Street Journal | Subscription Required | February 25, 2013
Business groups are urging Alabama's highest court to reconsider its recent ruling that name-brand drug makers can be held liable for injuries caused by the generic versions of their products.
February 20, 2013
American Lawyer | Subscription Required | February 20, 2013
Brand-name drug companies have launched a last-ditch effort to undo a state court's ruling that they are liable for injuries caused by generic drugs they didn't manufacture.
February 14, 2013
ThomsonReuters | February 14, 2013
Last month, when I wrote about the Obama administration's apparent flip-flop on the question of federal pre-emption of product liability claims against generic drugmakers, I mentioned a curious footnote in the Justice Department's Supreme Court amicus brief in Mutual Pharmaceutical v. Barrett.
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