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Torts and Personal Injury Law Center
Current Focus: Federal Preemption in Drug and Device Cases
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5/8/2009 5:02:03 PM EST
Tom Moylan
Posted by Tom Moylan
LexisNexis Torts Law Center Staff
The FDA served notice last month that it will no longer hold the drug industry’s coat during the drug preemption fight. What a difference five months — and a new administration — makes. In November, during the waning days ...
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4/3/2009 2:23:30 PM EST
Tom Moylan
Posted by Tom Moylan
LexisNexis Torts Law Center Staff
A March 23 ruling about a petition to switch a prescription drug to over-the-counter status has nothing to do with torts, but it may have lots to do with how the FDA opera ...
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3/12/2009 11:38:29 AM EST
Tom Moylan
Posted by Tom Moylan
LexisNexis Torts Law Center Staff
New Jersey’s appellate court today vacated a $2.6 million Accutane inflammatory bowel disease (IBD) verdict and sent the Supreme Court’s Wyeth v. Levine drug preemption decision along for the ride. It all could potentially bring New ...
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3/4/2009 12:46:49 PM EST
Tom Moylan
Posted by Tom Moylan
LexisNexis Torts Law Center Staff
The Supreme Court today rejected federal preemption of a drug case on a 6-3 vote. There are several surprises here. First, the margin: 6-3. With Justice Clarence Thomas concurring! What’s unusual about that is that Justice Thomas usua ...
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2/24/2009 11:36:52 PM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
  For three decades, it has been standard medical practice to give multiple courses of steroids to pregnant women at risk for delivering prematurel ...
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2/10/2009 1:49:40 PM EST
Tom Moylan
Posted by Tom Moylan
LexisNexis Torts Law Center Staff
As if awaiting the Supreme Court’s drug preemption ruling in Wyeth v. Levine isn’t enough of a cliffhanger, let’s toss in the Wyeth-Pfizer acquisition for an Indiana Jones-type plot twist. After Pfizer last month ann ...
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1/13/2009 10:39:33 AM EST
Tom Moylan
Posted by Tom Moylan
LexisNexis Torts Law Center Staff
I reported in last week’s Mealey’s Emerging Drugs & Devices about a sleeper of a drug preemption ruling in December that somehow slipped below everyone’s radar. The case is Continue reading >>
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12/12/2008 2:44:24 PM EST
Tom Moylan
Posted by Tom Moylan
LexisNexis Torts Law Center Staff
Whatever your side of the courtroom, you’ve gotta marvel at the American justice system.   Where else can you find liability cl ...
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11/14/2008 2:34:51 PM EST
Tom Moylan
Posted by Tom Moylan
LexisNexis Torts Law Center Staff
This week’s Mealey’s Emerging Drugs & Devices has two stories on one of the latest issues in drug litigation: liability for injuries from generic drugs. Here’s the problem: in order to get generic drug ...
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10/28/2008 4:28:18 PM EST
Dylan McGuire
Posted by Dylan McGuire
LexisNexis Torts Law Center Staff
MINNEAPOLIS — A group of plaintiffs, whose consumer protection class action alleging economic ...
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10/28/2008 5:14:13 PM EST
Dylan McGuire
Posted by Dylan McGuire
LexisNexis Torts Law Center Staff
Attorneys for Continue reading >>
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11/3/2008 10:15:22 PM EST
Tom Moylan
Posted by Tom Moylan
LexisNexis Torts Law Center Staff
Drug preemption finally made it to the Supreme Court today and it looks like . . . there could be a narrow ruling. That’s the consensus among the unusually large pack of news hounds that watched arguments in Wyeth v. Levin ...
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10/21/2008 4:06:49 PM EST
Tom Moylan
Posted by Tom Moylan
LexisNexis Torts Law Center Staff
A Louisiana law firm last month filed a motion for $46,900 for what it says was common benefit work for the Propulsid MDL. It may take a hurricane to get a hearing, let alone any money. That’s because the MDL court, based in the U.S. ...
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10/9/2008 3:01:52 PM EST
Shane Dilworth
Posted by Shane Dilworth
LexisNexis Law Center Staff
Mark Gilbert Rimbert’s case against Prozac maker Eli Lilly & Co. just keeps heating up, but this time the turmoil involves Judge James O. Browning, who was taken off ...
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9/30/2008 5:27:57 PM EST
Shane Dilworth
Posted by Shane Dilworth
LexisNexis Law Center Staff
Despite finding flaws in an expert’s opinion that a man’s use of Prozac caused him to kill his wife and dog before turning the gun on himself, a federal judge in Create an account or login to post comments. | Comments (0)

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