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BT Product Liability - News and Trends in Product Liability Litigation
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13 Jul 2017 Post-BMS, Are Clinical Trial Sites the New Hook for Hailing Out-of-State Pharmaceutical Defendants into Court?

  The ink has only recently dried on the U.S. Supreme Court’s June 19 personal jurisdiction decision in Bristol-Meyers Squibb Co. v. Superior Court of California, and already, we’re seeing courts and litigants grapple with the reach of the court’s holding. The U.S. District Court for the Northern District of California’s recent decision in Dubose v. Bristol-Myers-Squibb Co. et al.—another case in California brought by an out-of-state plaintiff—suggests that the results may be all over the map.   In Dubose, the plaintiff alleged that defendants…

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10 Feb 2017 New Drug Application Conflict Preemption Defense Gains Traction in Utts

  Authored by Jim Murdica and Kristen Richer   Any brand name drug manufacturer knows the value of a good federal preemption defense: a straightforward disposition of challenges to the design or labeling of a product. It’s also no secret that the U.S. Supreme Court’s 2009 preemption decision in Wyeth v. Levine undercut the value of the preemption defense in brand name pharmaceutical litigation. The court reasoned that failure-to-warn claims for certain types of labeling were not preempted because, under the Food and Drug Administration’s…