Tried And True Summary Judgment In Failure-To-Warn Cases

Law360, New York (May 30, 2012, 1:03 PM EDT) -- Summary judgment is a manufacturer’s goal in almost every case. Often, it’s an uphill battle.

For example, a recent U.S. Supreme Court decision has made summary judgment more difficult to obtain in prescription drug cases that allege a failure to adequately warn, by limiting the scope of the federal preemption defense.[1] Thus, a U.S. Food and Drug Administration decision that a particular risk need not be identified in the labeling is rarely a basis to preclude plaintiffs from proceeding with litigation criticizing the FDA-approved labeling....
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