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Failure to Update

3 published works

  1. Drug & Device Law

    Warnings Causation Sinks “Failure to Update” Claim

    By Steven Boranian

    This post is not from the Dechert side of the blog. “Failure to update” claims have multiple problems.  You probably already know what we are referring to.  Federal law requires that generic drug…

  2. Drug & Device Law

    Learned Intermediary Doctrine Gets an Assist in Preempting a Failure to Update Claim

    By John Sullivan

    Last week, the Eighth Circuit put the final seal on Pliva’s victory in Brinkley v. Pfizer, Inc., 2014 U.S. App. LEXIS 22742 (8th Cir. Dec. 2., 2014), upholding the district court’s dismissal…

  3. Drug & Device Law

    Preemption Made Easy

    By John Sullivan

    The reason that the court’s decision in Wagner v. Pfizer, 2014 U.S. Dist. LEXIS 94281 (W. D. Wisc. July 11, 2014), is useful is not because it dismisses state-law claims against generic…