Drug & Device Law

DECEMBER 21, 2023

Takeda Pharmaceutical Co. , Never mind that, since Bausch the Supreme Court has entertained preemption issues under Rule 12(b)(6) on multiple occasions, including the Mensing ( 2011+1 ) prescription drug preemption decision. Luitpold Pharmaceuticals, Inc. Geri-Care Pharmaceuticals Corp. , 3d , 2023 WL 4191651 (C.D.

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Drug & Device Law

JULY 24, 2023

We’ve discussed recently how a federal statute intended to allow suits against international terrorists has been misapplied as allowing suits against pharmaceutical companies. Takeda Pharmaceuticals Co. , Takeda Pharmaceutical Co. , 3d 1243 (9th Cir. 1 (highlights). 3d at 1247. 3d , 2023 WL 4191651 (C.D.

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Drug & Device Law

JANUARY 15, 2024

2011) (federal rules “control in this case because they are ‘arguably procedural’”) The issue to be decided here is whether the OSHA regulation is admissible in a diversity action as evidence of the standard of care owed by the defendants to the plaintiff. . . . Janssen Pharmaceuticals, Inc. , See Covell v. Bell Sports, Inc. ,

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Drug & Device Law

JUNE 1, 2023

We think that they can, and for a state (like Pennsylvania and a number of others) that still follows the “ Frye ” standard looking to the “general acceptance” of expert testimony as the touchstone to admissibility, a Rule 702 state-law equivalent might look something like this: Rule 702. E.g. , Walsh v. BASF Corp. , 3d 446, 461 (Pa.

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Drug & Device Law

FEBRUARY 25, 2022

We return to a theme we’ve repeated twice before, in 2011 and in 2014 – that in addition to industry-specific groups, manufacturers of prescription medical products should definitely consider joining the Product Liability Advisory Council (“PLAC”). Boehringer Ingelheim Pharmaceutical, Inc. Janssen Pharmaceuticals, Inc.

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Drug & Device Law

DECEMBER 29, 2023

2023) (remote trial testimony cannot be compelled beyond Rule 45’s 100-mile limit on subpoenas) ( here ); Carson v. 2023) (HHS cannot force pharmaceutical manufacturers to sell unlimited amounts of prescription drugs at a discount) ( here ). They excluded bogus expert testimony under Fed. Bonta , 85 F.4th 4th 1263 (9th Cir.

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Drug & Device Law

FEBRUARY 20, 2023

223, 238 (2011), the United States Supreme Court reacted to a plaintiff’s unconstrained claims of “alternative” vaccine design: [T]he [design] decision is surely not an easy one. 7, 2022), which addressed the same question in the context of the admissibility of expert testimony. His testimony is thus irrelevant and inadmissible.

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