Genentech, Xoma Beat Raptiva Warning Suit In 6th Circ.

Law360, New York (September 6, 2012, 7:31 PM EDT) -- The Sixth Circuit on Thursday dismissed a failure-to-warn suit against biotech companies Genentech Inc. and Xoma (U.S.) LLC over psoriasis treatment Raptiva, saying federal law preempts state law fraud-on-the-U.S. Food and Drug Administration claims unless the FDA itself makes a fraud finding.

In a published decision, a three-judge panel ruled that a Michigan federal judge had made the correct decision based on precedent that the companies were entitled to immunity for Raptiva failure-to-warn claims under the Michigan Products Liability Act and that the statute's exceptions to this immunity were preempted by federal law.

"Because the allegations underlying [plaintiff Vicki Marsh's] argument...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Attached Documents

Related Sections

Law Firms

Companies

Government Agencies

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!