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Searching Content indexed under Food and Drugs Law by Butler Snow LLP ordered by Published Date Descending.
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1
Foreclosing On Meth Houses: Buyer Beware
State and national efforts to curb the opioid epidemic have put ongoing angst about the health and financial devastation associated with methamphetamine production and use on the news cycle's back burner.
United States
7 Aug 2019
2
Product Liability & Safety Usa Trends And Developments – Chambers Global Practice Guide 2019
In some design defect cases, the identity of the product decides the case. When a plaintiff seeks to prove there is a safer alternative design, the design must be for the same product
United States
18 Jul 2019
3
No Way Around It: The Need For Federal "Permission And Assistance" Can Preempt A State Tort Duty
In the simplest case for federal preemption, federal law prohibits conduct that a state tort duty would require, such as a change in the design of an approved medical device
United States
10 Jul 2019
4
Express Preemption Of Consumer Protection Actions: Preventing A Patchwork Of State Drug And Device Regulations
The Supremacy Clause of the United States Constitution declares federal law to be the "supreme Law of the Land
United States
10 Jul 2019
5
Pro Te: Solutio – Vol. 12, No. 2
Pro Te: Solutio returns for its second edition of 2019. As the year grinds on, our attorneys at Butler Snow are taking proactive and creative steps to confront and solve the issues that affect our areas of practice.
United States
9 Jul 2019
6
Tis The Season… For Allergic Reactions: Navigating The Food Allergen Labeling Consumer Protection Act (FALCPA)
Four families, each with children, are gathered in a house to celebrate the New Year.
United States
11 Jan 2019
7
An Oddity: Approval And Regulatory Authority Over Cosmetics
For various reasons, we are seeing a growth of lawsuits alleging injuries from use of overthe- counter cosmetics sprouting up across the country.1 Social media reflects the invasion ...
United States
11 Dec 2018
8
New And Noteworthy
West Virginia's new statute is significant because it adopts the learned intermediary rule as it is seen in the Third Restatement of Torts, but without any exceptions. W. Va. Code §55-7-30...
United States
26 Jul 2016
9
Off-Label Use: Protected Commercial Speech Or Misbranding?
For years, the Food and Drug Administration has recognized that there is a prevalence of off-label use of drugs approved by FDA for specific indications, there is clinical relevance and value...
United States
22 Jul 2016
10
Alabama No Longer An Outlier State: Legislature Says "No" To Innovator Liability
Since the United States Supreme Court's decision in Pliva, Inc. v. Mensing, the plaintiffs' bar has been feverishly searching for an alternate theory of recovery when the claimant took a generic prescription drug.
United States
23 Dec 2015
11
Second Circuit Tells Pharmacies The Antitrust Claims They Cooked Up Need More Than A Little Morton Salt
Cash & Henderson Drugs, Inc. v. Johnson & Johnson, recently decided by the Second Circuit, concerns Robinson-Patman Act claims that retail pharmacies brought against pharmaceutical manufacturers.
United States
22 Dec 2015
12
Environmental Update – Proposed Hazardous Waste Rule For Pharmaceuticals
On August 31, 2015, the EPA proposed new regulations for the management of hazardous waste pharmaceuticals at healthcare facilities. First and foremost, the proposed rule prohibits the flushing of any hazardous waste pharmaceutical into a sewer drain or toilet.
United States
22 Oct 2015
13
Classification: When "Equivalence" Means "Safety"
That 1996 Supreme Court dictum declared that the "focus" of most of the FDA's medical device regulation process was "not safety."
United States
16 Oct 2015
14
Storm Clouds Gather: An FDA Proposal To Eliminate Generic Preemption
The United States Supreme Court has recently considered federal preemption questions involving state law failure-to-warn claims in two landmark cases.
United States
15 Oct 2015
15
Newton's Third Law: The Alabama Legislature Supersedes Weeks V. Wyeth And Disallows Innovator Liability In Product Liability Cases
Sir Isaac Newton's Third Law of Motion states, loosely, that for every action there is an equal and opposite reaction.
United States
1 Jun 2015
16
Successful Rule 9(b) Defense Of False Claims Act Whistleblower Litigation
The lure of significant monetary awards continues to stimulate high-risk whistleblower actions under the False Claims Act, and these claims are increasingly common in the pharmaceutical and medical device industry.
United States
16 Apr 2015
17
Is The Feeling Really "Mutual"?
The Supreme Court’s Continued Frustration With The Prescription Drug Legal Framework — And Forthcoming Fda Regulatory Action In Response To Mutual Pharmaceuticals V. Bartlett
United States
10 Feb 2014
18
Universal "Bar Dates" - Dream Or Reality?
Plaintiffs in all fifty states have brought multidistrict litigation against your company over a drug it manufactures.
United States
7 Feb 2014
19
The Value Of A Letter: The Importance Of Dear Doctor Letters
With email, cell phones, text messages, and social media, writing letters has become a thing of the past
United States
6 Feb 2014
20
Plaintiffs’ Attorneys Keep Trying Novel Theories But Innovator Liability Is Still An Elusive Target
Over the past few years, three courts have overturned the fundamentals of tort law.
United States
5 Dec 2013
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