Kaitlyn Stone

Faegre Drinker Biddle & Reath LLP

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Ninth Circuit Affirms Dismissal of Breast Implant Cases on Preemption Grounds

The Ninth Circuit has confirmed in quadrophonic sound that plaintiffs cannot avoid preemption by relying on vague and speculative allegations to establish a parallel claim. The court affirmed the dismissal of four lawsuits...more

2/19/2021 / Bodily Injury , Dismissals , Failure To Warn , Fraudulent Joinder , Medical Devices , Parallel Claims , Pleadings , Preemption , Regulatory Standards , State and Local Government

Preemption Torpedoes State Law Claims against Generics Makers in Zantac MDL

A judge in the United States District Court for the Southern District of Florida presiding over the In Re: Zantac (Ranitidine) Products Liability Litigation multidistrict litigation, MDL No. 2924, has held that state labeling...more

1/13/2021 / Failure To Warn , Labeling , Multidistrict Litigation , Over The Counter Drugs (OTC) , Preemption , Prescription Drugs , Regulatory Standards , SCOTUS

Ninth Circuit Confirms That Winning Early Summary Judgment May Be the Ultimate Preemptive Tactic for Beating Class Certification

The Ninth Circuit has confirmed that a lack of summary judgment evidence linking a product to concrete injury may properly halt a would-be class action in its tracks if a defendant preemptively moves for summary judgment...more

6/26/2020 / Appeals , Class Action , Class Certification , Consumer Product Safety Act (CPSA) , Failure To Warn , Preemption , Summary Judgment

Third Circuit Clarifies Next Steps in Fosamax Decision

On remand from the U.S. Supreme Court, the U.S. Court of Appeals for the Third Circuit has in turn remanded the case to the district court to determine whether state law claims are preempted by federal law in the 500+...more

12/12/2019 / Agency Disapproval , Clear Evidence Standard , Failure To Warn , FDA Approval , Federal v State Law Application , Food and Drug Administration (FDA) , Judicial Authority , Jury Trial , Manufacturers , Merck Sharp & Dohme Corp. v. Albrecht , Preemption , Prescription Drugs , Question of Fact , Question of Law , Remand , SCOTUS , State Law Claims , Vacated , Warning Labels

Biotin Supplement Suit Dismissed on Preemption Grounds

A California federal judge tossed a proposed class action against allegedly “worthless” biotin dietary supplements on preemption grounds earlier this week, citing the Ninth Circuit’s recent decision in Dachauer v. NBTY, Inc.,...more

9/12/2019 / Class Action , Class Certification , CLRA , Dietary Supplements , Federal Food Drug and Cosmetic Act (FFDCA) , Health Claims , Misleading Statements , Motion for Summary Judgment , Preemption , Product Labels , Putative Class Actions , Unfair Competition Law (UCL)

Labeling Preemption Questions are for the Court, not the Jury, Holds U.S. Supreme Court in Fosamax Decision That Clarifies the...

A judge, and not the jury, is the better-positioned and appropriate decisionmaker to determine whether a failure-to-warn claim is federally preempted, the U.S. Supreme Court held on Monday, May 20, 2019. The Court also...more

5/22/2019 / Agency Disapproval , Clear Evidence Standard , Failure To Warn , FDA Approval , Federal v State Law Application , Food and Drug Administration (FDA) , Judicial Authority , Jury Trial , Manufacturers , Merck Sharp & Dohme Corp. v. Albrecht , Preemption , Prescription Drugs , Question of Fact , Question of Law , Remand , SCOTUS , State Law Claims , Vacated , Warning Labels

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