The Circuit Court Split On 'Fraud On The FDA' Continues

Law360, New York (March 13, 2012, 1:39 PM EDT) -- On Feb. 22, 2012, the U.S. Court of Appeals for the Fifth Circuit unanimously affirmed the U.S. District Court for the Northern District of Texas' granting of a defendant drug manufacturer’s motion for summary judgment on all claims, including the plaintiffs' failure-to-warn claims, in Lofton v. McNeil Consumer & Specialty Pharmaceuticals Co., No. 10-10956, slip op. (5th Cir. Feb. 22, 2012).

At issue was whether, under Texas law, "a drug manufacturer enjoys a rebuttable presumption that it is not liable for failure to warn if the...
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