Massachusetts Supreme Judicial Court Holds Failure-to-Warn Claim Against Drug Manufacturer Not Preempted Because There Was No “Clear Evidence” FDA Would Not Have Approved Plaintiffs’ Suggested Warning; Also Holds...more
7/30/2015
/ Admissible Evidence ,
Asbestos ,
Asbestos Litigation ,
Bayh-Dole Act ,
Biologics ,
Compensatory Awards ,
Design Defects ,
Diversity Jurisdiction ,
Expert Testimony ,
Failure To Warn ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Foreign Manufacturers ,
Fraudulent Joinder ,
Manufacturing Defects ,
Medical Devices ,
Personal Jurisdiction ,
Pharmaceutical Industry ,
Preemption ,
Private Right of Action ,
Product Defects ,
Statute of Limitations ,
Summary Judgment ,
Tobacco Litigation ,
Tolling ,
Wrongful Death
Included in this Issue:
..United States Supreme Court Reverses First Circuit and Holds Federal Food Drug & Cosmetic Act Preempts Design Defect Claims against Generic Pharmaceutical Manufacturers
..United States...more