Tolling Agreements Cause Coverage Concern
An insurance coverage dispute has arisen in connection with litigation involving a robotic surgery medical device maker. A declaratory judgment action seeking rescission of product liability insurance...
View ArticleTolling Agreements Cause Coverage Concern
An insurance coverage dispute has arisen in connection with litigation involving a robotic surgery medical device maker. A declaratory judgment action seeking rescission of product liability insurance...
View ArticleFDA Using Authority Under Food Safety Modernization Act To Control Dietary...
On Wednesday, November 20, 2013, the Food and Drug Administration (FDA) issued a notice advising consumers that the product Slim Max should not be purchased or used. Slim Max, a weight loss product,...
View ArticleDirect Mailers for Aranesp Targeted by FDA
The Office of Prescription Drug Promotion (OPDP) of the U.S. Food and Drug Administration (FDA) recently criticized the makers of Aranesp for a direct mailer that was allegedly in violation of the...
View ArticlePennsylvania Supreme Court Overrules Azzarello But Declines Opportunity To...
On November 19, 2014, the Pennsylvania Supreme Court issued its much-anticipated decision in Tincher v. Omega Flex, Inc.Having originally granted allowance of appeal to decide whether to replace the...
View ArticleWill Supreme Court End Split Over Whether Generic Drug Companies Can Face...
The U.S. Supreme Court (SCOTUS) has (again) been asked to determine the question of whether claims can be made against generic drug manufacturers for failing to timely update and/or disseminate their...
View ArticleU.S. Supreme Court Denies Certiorari in Generic Pharmaceutical Preemption Case
The United States Supreme Court today issued an order declining a generic pharmaceutical manufacturer’s petition for a writ of certiorari. The drug manufacturer had sought to challenge a ruling from...
View ArticleNinth Circuit Outlines for Plaintiff How to Meet the Twombly/Iqbal Standard...
In this case, the plaintiff, Nicole Weber, appealed the United States District Court for the District of Arizona’s dismissal of her second amended complaint pursuant to Federal Rule of Civil Procedure...
View ArticleDistrict Court Judge Denies Manufacturer of OTC Pain Reliever Summary...
Judge Lawrence Stengel of the United States District Court for the Eastern District of Pennsylvania denied summary judgment to the manufacturer of an over-the-counter pain reliever. The manufacturer...
View Article“Symptom Threshold Methodology” Rejected by Court of Appeals of New York...
In an opinion decided February 11, 2016, the Court of Appeals of New York precluded two causation experts put forth by a plaintiff in a toxic tort case. The case involved allegations that a minor was...
View ArticleSeventh Circuit: Insurer Has Duty to Defend Drug Distributor in “Pill Mill”...
This week, a unanimous Seventh Circuit panel found that a major insurance company has a duty to defend H.D. Smith, L.L.C. against a lawsuit brought by the State of West Virginia. The lawsuit claims...
View ArticleBlacklist of “Scientific” Journals to Return
For any television fans that may have stumbled upon this post, it has nothing to do with Raymond Reddington and it will not be as clever as this author’s favorite James Spader character, Alan Shore...
View ArticleSuperior Court of Pennsylvania Issues Ruling Addressing Multiple Issues in...
In an opinion filed January 8, 2018, Pennsylvania’s intermediate appellate court addressed multiple issues arising after a plaintiff’s verdict in a case from the In Re: Risperdal Litigation. The issues...
View ArticlePennsylvania Superior Court Issues Opinion in Tincher v. Omega Flex, Inc....
In an opinion filed February 16, 2018, the Superior Court of Pennsylvania vacated judgement in favor of the Tincher plaintiffs and remanded the case for a new trial. The central issue in the decision...
View ArticlePennsylvania Supreme Court Overrules Azzarello But Declines Opportunity To...
On November 19, 2014, the Pennsylvania Supreme Court issued its much-anticipated decision in Tincher v. Omega Flex, Inc.Having originally granted allowance of appeal to decide whether to replace the...
View ArticleWill Supreme Court End Split Over Whether Generic Drug Companies Can Face...
The U.S. Supreme Court (SCOTUS) has (again) been asked to determine the question of whether claims can be made against generic drug manufacturers for failing to timely update and/or disseminate their...
View ArticleU.S. Supreme Court Denies Certiorari in Generic Pharmaceutical Preemption Case
The United States Supreme Court today issued an order declining a generic pharmaceutical manufacturer’s petition for a writ of certiorari. The drug manufacturer had sought to challenge a ruling from...
View ArticleNinth Circuit Outlines for Plaintiff How to Meet the Twombly/Iqbal Standard...
In this case, the plaintiff, Nicole Weber, appealed the United States District Court for the District of Arizona’s dismissal of her second amended complaint pursuant to Federal Rule of Civil Procedure...
View ArticleDistrict Court Judge Denies Manufacturer of OTC Pain Reliever Summary...
Judge Lawrence Stengel of the United States District Court for the Eastern District of Pennsylvania denied summary judgment to the manufacturer of an over-the-counter pain reliever. The manufacturer...
View Article“Symptom Threshold Methodology” Rejected by Court of Appeals of New York...
In an opinion decided February 11, 2016, the Court of Appeals of New York precluded two causation experts put forth by a plaintiff in a toxic tort case. The case involved allegations that a minor was...
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