Product Liability & Mass Torts Digest
Topics
Contributors
Sort by:
5 results
September 18, 2024
|3 min read
Microplastics Policy: Is Federal Preemption a Viable Defense?
There are myriad examples of lawsuits ensuing after a regulatory body or other agency issues a statement or report on a particular substance. As things
currently stand, however, statements by the U.S. Food and Drug Administration (FDA) may offer a defense to claims involving microplastics.
currently stand, however, statements by the U.S. Food and Drug Administration (FDA) may offer a defense to claims involving microplastics.
June 27, 2024
|4 min read
As part of the wider multidistrict litigation over the breast cancer drug docetaxel (branded Taxotere), on May 24, 2024, the Fifth Circuit ruled that Food and
Drug Administration (FDA) labeling requirements preempt certain state law failure-to-warn theories. Hickey v. Hospira, 102 F.4th 748 (5th Cir. 2024).
Drug Administration (FDA) labeling requirements preempt certain state law failure-to-warn theories. Hickey v. Hospira, 102 F.4th 748 (5th Cir. 2024).
February 14, 2023
|3 min read
The Zantac MDL Court recently reinforced the important role of general acceptance of an expert’s conclusions to a court’s Rule 702 admissibility analysis.
August 26, 2020
|9 min read
The Growing Challenges To Drug Cos.’ Preemption Defense
In the wake of the U.S. Supreme Court’s decisions in Wyeth v. Levine and Merck Sharp & Dohme Corp. v. Albrecht, drug manufacturers face challenges in
establishing a preemption defense when they receive “newly acquired information” about a drug’s side effects without clear evidence that the U.S. Food and
Drug Administration would have rejected a label change adding a warning of the risk of harm.
establishing a preemption defense when they receive “newly acquired information” about a drug’s side effects without clear evidence that the U.S. Food and
Drug Administration would have rejected a label change adding a warning of the risk of harm.
June 15, 2020
|3 min read
Immunity for Manufacturers and Distributors of COVID-19 Countermeasures
Manufacturers and distributors of COVID-19 products (or countermeasures) necessary to combat the spread of infectious disease are understandably
concerned about potential liabilities. Online advertisements are already offering legal services to pursue product liability and other claims related to COVID-19
treatments.
concerned about potential liabilities. Online advertisements are already offering legal services to pursue product liability and other claims related to COVID-19
treatments.
About This Blog
Winston & Strawn’s Product Liability & Mass Torts Digest provides updates, insights, and practical tips on a full spectrum of issues related to product liability and mass torts litigation.
