Topic
Failure to Warn
200 published works
Drug & Device Law
Yesterday’s News, Today’s “Newly Acquired Information” — The First Circuit’s CBE Time Warp
Here is a question the First Circuit has now answered the wrong way — can a scientific paper published before the FDA approved a drug nonetheless qualify as “newly acquired…
Drug & Device Law
Nevada Court Exorcises Three Expert Reports
Johnny Cash sang about ghost riders in the sky. In a federal courtroom in Las Vegas earlier this month, we got the litigation version: ghost writers in the sky —…
Drug & Device Law
Whodunit? Not the Tanning Lotion
Every good mystery needs a red herring. The suspicious houseguest. The gardener with the shaky alibi. The tanning lotion sitting quietly on the bathroom counter while the actual culprit —…
Center for Agricultural Law and Taxation Blog
SCOTUS Rules FIFRA Preempts State Failure-to-Warn Claims for Roundup Cancer Warnings
Joshua A. Hjelmaas On June 25, 2026, the Supreme Court issued a 7-2 decision in Monsanto Co. v. Durnell, No. 24-1068, resolving a circuit split over whether the Federal Insecticide,…
Drug & Device Law
Just What We Need − Another Pro-Plaintiff Law Review Article
By Bexis
Not too long ago one of our bloggers (McConnell) critiqued a p-side law review article he had received from a lawyer on the other side with whom he was friendly. …
TortsProf Blog
Meier on Failure-to-Warn Suits Against Pharmaceutical Companies
Luke Meier has posted to SSRN Failure-to-Warn Suits Against Pharmaceutical Companies: Physician Testimony, Causation, and Summary Judgment. The abstract provides: It is hard to win a tort suit against a…
Drug & Device Law
Eleventh Circuit Shoots Down Plaintiff’s Request for a Mulligan
You know it’s going to be an interesting ride when the appellate brief reads like a conspiracy theory starter pack. Which is how we read the issues raised on appeal…
Canadian Lawyer Mag
BC Court of Appeal finds patient did not plead failure to warn about possible amputation
Appeal denied in medical negligence claim seeking aggravated damages against vascular surgeon
Drug & Device Law
BioZorb Decision Hits the Mark
By Susanna Moldoveanu, Adaeze Ashiedu
The word of the day is targeted. Targeted discovery on a targeting device and a district court laser-focused on the failure to warn causation target. The end result is a…
Drug & Device Law
Knowing is Half the Battle . . . At Least for Learned Intermediaries
We hope we have some 1980s cartoon fans out there who will remember that G.I. Joe ended each of his cartoons with a PSA – “Now you know. And knowing…