Company
Warner-Lambert
38 published works
Drug & Device Law
Trying To Make Some Sense Out of OTC Economic Loss Decisions
By Bexis
Over-the-counter (“OTC”) drugs are protected from civil liability by an express preemption provision that is even stronger than the medical device preemption clause interpreted in Riegel v. Medtronic, Inc., 552…
Supreme Court Update
Sprint/United Management Co. v. Mendelsohn (06-1221), Federal Express Corp. v. Holowecki (06-1322), Boulware v. United States (06-1509), Warner-Lambert Co. v. Kent (06-1498) and order list
By Kim Rinehart
We have a few decisions to catch you up on since our last Update, bringing us to a "whopping" 23 opinions for the Term. This sluggish start is consistent with…
BioSlice Blog
CJEU decision on scope of skinny labels
By Arnold & Porter, Kathy Harford, Silvia Valverde
On 14 February 2019, the Court of Justice of the EU (CJEU) delivered its judgment in Case C-423/17 Netherlands v Warner-Lambert Company, finding in line with the opinion of Advocate…
Drug & Device Law
Michigan Strikes Back . . . In Pennsylvania
A (relatively) long time ago in a state not so far away, the Michigan Legislature enacted the Michigan Product Liability Act. It contained a provision providing the manufacturers of FDA-approved…
Drug & Device Law
Dismissing Drug Design Defect Based on Preemption
In a rare harkening to our past and discussion of specific judges, we recall that our first gig after law school was clerking for Judge Jon P. McCalla of the…
Drug & Device Law
Fifth Circuit Breaks Buckman Tie
By Bexis
Does Buckman v. Plaintiff's Legal Committee, 531 U.S. 341 (2001), apply any time that a plaintiff raises a fraud on the FDA allegation in litigation, or is it limited to…
Drug & Device Law
No Stand Up Comity In New York
By Bexis
A friend of ours, we'll call him “Anonymous,” let us know about the recent decision in Forman v. Novartis Pharmaceuticals Corp., ___ F. Supp.2d ___, 2011 WL 2559386 (E.D.N.Y. June…
Litigation & Trial
The Best Way To Prove “Predominance” In Generic Pharmaceutical Antitrust Class Actions Alleging Patent Misuse
There's been a wave of antitrust class actions predicated on patent misuse by pharmaceutical companies of the past decade. The troublesome Illinois Brick decision prevents "indirect purchasers" — which means…
TortsProf Blog
Second Circuit Affirms Zyprexa Document Sanctions
Here's the opinion. The Drug & Device Law Blog has some analysis. I posted about the case extensively and wrote an article addressing issues of document leaks for The Review…
Drug & Device Law
Hither and Yon
By Bexis
Here are three items we saw that might interest you: First, on Monday, Judge Mark Bernstein (in Philadelphia Common Pleas) decertified a Neurontin off-label use class action, granted summary judgment…