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Another RICOdiculous Decision

Drug & Device Law

What’s worse, the fraud on the FDA claim, if brought under state law, would be preempted by Buckman Co. 341 (2001). The unstated premise here was fraud on the market – an assumption that every class member always has perfect information. Plaintiffs Legal Committee , 531 U.S. You can see where this is going.

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Another Reason Why The FDA, Not Litigants, Approves Products

Drug & Device Law

Congress created an FDA approval process that is both rigorous and thorough, and pharmaceutical companies invest billions of dollars in research and development to meet FDA’s scientific standards. 19, 2021) (admitting and excluding Studnicki testimony); Whole Woman’s Health Alliance v. 3d , 2023 WL 2825871 (N.D.

FDA 59
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The FDA and Feasible Alternative Designs

Drug & Device Law

In product liability litigation generally, plaintiffs have been allowed to invent all kinds of “alternative” designs as long as some “expert” opines that the design (even if never before marketed) is “feasible.” Are manufacturers liable only for failing to employ an alternative design that the FDA has approved for distribution. . .

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