Recent Articles

Sixth Circuit Overturns Asbestos Verdict Because Plaintiffs Failed to Prove Exposure Was a "Substantial Factor" in Causing Mesothelioma

Mike Laszlo
October 05, 2011 17:00

In Moeller v. Garlock Sealing Technologies, LLC, (6th Cir. Sept. 28, 2011), the Circuit court decided whether evidence presented by a Plaintiff regarding exposure to asbestos was sufficient to support a determination that the manufacturer's asbestos-containing gaskets were a substantial factor in...

The Progeny of Pliva v. Mensing

Jeff Klein
September 27, 2011 21:31

In the wake of the Supreme Court’s Pliva v. Mensing decision (previously discussed here and here), the Sixth Circuit Court of Appeals in Smith v. Wyeth followed suit, holding that state law failure-to-warn claims against generic pharmaceutical manufacturers were pre-empted by...

When Experts are Required and What is Required of Experts: Three Recent Opinions

Mike Laszlo
September 24, 2011 12:06

Three recent opinions involved interesting and important issues regarding experts – Show v. Ford Motor Co., (7th Cir. Sept. 19, 2011), Anderson v. Akzo Nobel Coatings, Inc. Supreme Court of Washington (Sept. 8, 2011), and Bertrand v. Gen. Elec. Co., (US Dist. Mass. Sept. 21,...

When Experts are Required and What is Required of Experts: Three Recent Opinions

Mike Laszlo
September 24, 2011 12:06

Three recent opinions involved interesting and important issues regarding experts – Show v. Ford Motor Co., (7th Cir. Sept. 19, 2011), Anderson v. Akzo Nobel Coatings, Inc. Supreme Court of Washington (Sept. 8, 2011), and Bertrand v. Gen. Elec. Co., (US Dist. Mass. Sept. 21,...

Pliva v. Mensing Revisited

Jeff Klein
September 22, 2011 20:57

Looking back at the transcript of the oral arguments for Pliva v. Mensing and my previous post (here), even if the Court was willing to accept that the preamble to the Hatch-Waxman amendments provided a duty for generics to “take steps” to revise the label, there was no formal...

Pliva v. Mensing Revisited

Jeff Klein
September 22, 2011 20:57

Looking back at the transcript of the oral arguments for Pliva v. Mensing and my previous post (here), even if the Court was willing to accept that the preamble to the Hatch-Waxman amendments provided a duty for generics to “take steps” to revise the label, there was no formal...

'Twiqbal' vs. 1400 Asbestos Plainitffs

Mike Laszlo
June 30, 2011 19:49

“Twiqbal” has become a very real creature – one born of two cases involving federal pleading standards: Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal.  Just the mention of Twiqbal sends shivers down plaintiffs lawyers’ spines while at the same time comforting...

Supreme Court Immunizes Generic Drug Manufacturers From State Failure-To-Warn Claims

Jeff Klein
June 27, 2011 22:53

On June 23, 2011, the Supreme Court handed a stunning victory for generic drug manufacturers, effectively immunizing them from state law failure-to-warn claims.  In Pliva  v. Mensing, the Court held that federal regulations preventing generic drug manufacturers from independently changing...

Supreme Court Immunizes Generic Drug Manufacturers From State Failure-To-Warn Claims

Jeff Klein
June 27, 2011 22:53

On June 23, 2011, the Supreme Court handed a stunning victory for generic drug manufacturers, effectively immunizing them from state law failure-to-warn claims.  In Pliva  v. Mensing, the Court held that federal regulations preventing generic drug manufacturers from independently changing...

FDA Takes An Interest In Nanotechnology

Jeff Klein
June 27, 2011 17:17

On June 9, 2011, the FDA issued a draft guidance on the applications of nanotechnology in FDA regulated products.  Particularly, the draft guidance is intended for public comment by manufacturers, suppliers, importers and stakeholders as to “whether FDA-regulated products contain...