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en.wikipedia.org/wiki/Yates_v._United_States

Yates v. United States, 354 U.S. 298 (1957), was a case decided by the Supreme Court of the United States that held that the First Amendment protected radical and reactionary speech, unless it posed a "clear and present danger." Contents. [ hide]. 1 Background; 2 Opinion; 3 Reaction; 4 See also; 5 References; 6 External  ...

www.americanbar.org/content/dam/aba/publications/litigation_news/yates-ortho.pdf

express warranty. On April 7, 2014, the district [**3] court granted summary judgment as to Yates's failure to warn claim. Yates v. Ortho-McNeil-Janssen Pharm., Inc., No. 1:09oe40023, 2014 ..... change to Phenergan's label," the Supreme Court declined to "conclude that it was impossible for Wyeth to comply with both federal ...

www.gdldlaw.com/site/rte_uploads/files/FTD-1609-Stikeleather-Lands.pdf

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.

caselaw.findlaw.com/us-6th-circuit/1720689.html

Dec 11, 2015 ... On April 7, 2014, the district court granted summary judgment as to Yates's failure to warn claim. Yates v. Ortho–McNeil–Janssen Pharm., Inc., No. ..... Wyeth v. Levine, 555 U.S. 555, 573, 129 S.Ct. 1187, 173 L.Ed.2d 51 (2009). We “start with the assumption that the historic police powers of the States were ...

www.abajournal.com/magazine/article/the_immune_response

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 ...

www.druganddevicelawblog.com/2016/01/the-saga-of-preempting-prescription.html

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 ...

www.forbes.com/sites/wlf/2015/12/28/sixth-circuit-ruling-shows-preemption-is-possible-in-brand-name-drug-design-defect-cases

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.

www.law360.com/articles/738622/impossibility-preemption-possible-for-brand-name-drugs

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 ...

www.oyez.org/cases/2008/06-1249

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  ...