Product Liability Law360 provides breaking news and analysis on product liability law. Coverage includes tort-related lawsuits and class actions, multidistrict litigation, product recalls, and product safety enforcement, as well as related policy developments.
The Seventh Circuit recently held that implied preemption of a failure-to-warn claim under Pliva v. Mensing depends on the nature of the drug’s approval process. If a drug is approved through an Abbreviated New Drug Application, federal regulation of drug labeling preempts state-law failure-to-warn claims — even if the drug is technically the “Reference Listed Drug,” says Steven Boranian of Reed Smith LLP.
A veteran Philadelphia plaintiff's attorney who is representing the city in litigation against drugmakers over the opioid crisis suggested that attention should be paid to the drug manufacturers' lawyers, at a forum on legal responses to the crisis on Friday.
Name-brand drugmakers can be held liable for mislabeled generic equivalents under state law in Massachusetts, home of the nation’s largest bio-pharmaceutical hub, the commonwealth’s top court ruled on Friday in a loss for Merck & Co. and the industry groups watching.
A Florida federal judge late Thursday released a redacted version of an order denying a bid for summary judgment from Otsuka Pharmaceutical and Bristol-Meyers Squibb in multidistrict litigation over alleged side effects of the anti-psychotic drug Abilify, paving the way for trials in consumers' cases this summer.
A California judge said Friday she’ll approve Safeway’s settlement that provides a class of store-brand olive oil buyers with a $1.50 voucher or 50 cents cash and awards their attorneys $1.42 million in fees and expenses, resolving allegations the grocery store chain falsely labeled olive oil as “imported from Italy.”