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Topic

Failure to Warn

200 published works

  1. Drug & Device Law

    Yesterday’s News, Today’s “Newly Acquired Information” — The First Circuit’s CBE Time Warp

    By Michelle Yeary

    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…

  2. Drug & Device Law

    Nevada Court Exorcises Three Expert Reports

    By Michelle Yeary

    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 —…

  3. Drug & Device Law

    Whodunit? Not the Tanning Lotion

    By Michelle Yeary

    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 —…

  4. Center for Agricultural Law and Taxation Blog

    SCOTUS Rules FIFRA Preempts State Failure-to-Warn Claims for Roundup Cancer Warnings

    By Joshua A. Hjelmaas

    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,…

  5. 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. …

  6. TortsProf Blog

    Meier on Failure-to-Warn Suits Against Pharmaceutical Companies

    By Christopher Robinette

    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…

  7. Drug & Device Law

    Eleventh Circuit Shoots Down Plaintiff’s Request for a Mulligan

    By Michelle Yeary

    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…

  8. Canadian Lawyer Mag

    BC Court of Appeal finds patient did not plead failure to warn about possible amputation

    By Canadian Lawyer Mag

    Appeal denied in medical negligence claim seeking aggravated damages against vascular surgeon

  9. 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…

  10. Drug & Device Law

    Knowing is Half the Battle . . . At Least for Learned Intermediaries

    By Michelle Yeary

    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…