Jan 1, 2016 ... 2d 843 (N.D. Ohio 2008) (granting summary judgment), and Longs v. Wyeth, 621 F. Supp. 2d 504 (N.D. Ohio 2009) (denying motion to alter judgment), ..... Yates considered this to be dicta and found Bartlett “did not reach the sweeping conclusion that all design defect claims regarding a generic drug and ...
Dec 11, 2015 ... district court granted summary judgment as to Yates's failure to warn claim. Yates v. Ortho-. McNeil-Janssen Pharm., Inc., No. 3:09oe40023, 2014 WL ..... “ Impossibility pre-emption is a demanding defense.” Wyeth v. Levine, 555 U.S. 555, 573. (2009). We “start with the assumption that the historic police ...
After the Supreme Court's landmark decisions in Wyeth v. Levine(2009), and PLIVA v. Mensing(2011) ..... Yates v. Ortho-McNeil-Janssen Pharmaceu- ticals, Inc., the Sixth Circuit applied impos- sibility preemption to a plaintiff's claim that she experienced a stroke while using a birth control patch. 808 F.3d. at 299. Rejecting.
Dec 28, 2015 ... Some commentators concluded that Wyeth foreshadowed a similar rejection of preemption defenses in design-defect cases. However, a December 11, 2015 decision from the U.S. Court of Appeals for the Sixth Circuit suggests that those commentators likely erred; the appeals court concluded in Yates v.
A case in which the Court held that willfully and knowingly conspiring to teach and advocate the overthrow of the United States government as an abstract principle was not a violation of the Smith Act.
Mar 4, 2009 ... Diana Levine filed this personal injury action against Wyeth, the drug manufacturer, in state court in Vermont. Ms. Levine had intravenously injected Phenergan, a drug made by Wyeth and used to prevent allergies and motion sickness, into her arm, and complications arising from the injection eventually led ...
Dec 16, 2015 ... Yates is the first federal appellate authority to recognize “impossibility preemption ” of design defect claims against brand-name drug manufacturers. ... Relying on Wyeth v. Levine, 555 U.S. 555, 571 (2009), the court pointed out that “plaintiffs injured by brand-name prescription drugs retain state-law tort ...
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The families are now considering going to civil court. Standing in the way, however, is the U.S. Supreme Court, which will decide a case this term on whether the 1986 federal National Childhood Vaccine Injury Act, which created the special vaccine court, pre-empts their claims. Argument in Bruesewitz v. Wyeth is scheduled ...