Published: March 1, 2013
Tags: Children’s Motrin, consumer protection, drug litigation, failure to warn, FDA, Food and Drug Administration, Johnson & Johnson, Motrin, preemption, Stevens-Johnson Syndrome, Toxic Epidermal Necrolysis
A Massachusetts jury awarded $63 million to a teenaged girl and her parents after the girl suffered an adverse reaction to Children’s Motrin that left her scarred and blind, with permanent brain and lung damage.
And the award may increase.
A debt adjuster could not enforce a binding arbitration clause in its service contract when sued by a customer for violating state consumer protection law, the Washington Supreme Court has ruled in affirming judgment.
Federal disability discrimination law may require a state agency to deviate from state law in order to accommodate a mentally ill individual’s claim for benefits, the 2nd U.S. Circuit Court of Appeals has ruled in reversing a dismissal.
Federal transportation law does not completely preempt the state tort claims of a motorcyclist who suffered catastrophic injuries in a collision with a train at a railroad crossing, the 3rd Circuit has ruled.
Does the Securities Litigation Standards Act preempt state law class actions claiming that the defendant engaged in a Ponzi scheme involving misrepresentations about transactions with securities covered by the federal act?
Chadbourne & Parke LLP v. Troice, No. 12-79, consolidated with Willis of Colorado Inc. v. Troice, No. 12-86 and Proskauer Rose LLP v. Troice, No. 12-88. Certiorari granted: Jan. 18, 2013. Ruling below: 675 F.3d 503 (5th Cir. 2012).
Does the Securities Litigation Standards Act preempt state-law class actions claiming that the defendant engaged in a Ponzi scheme involving misrepresentations about transactions with securities covered by the federal act?
The U.S. Supreme Court has agreed to answer this question.
Federal law does not preempt a state failure-to-warn lawsuit brought by a man who claimed he suffered paralysis as the result of the surgical implantation of a Medtronic pain pump, the en banc 9th Circuit has ruled.
The decision overturns a contrary panel ruling. (See “» Continue Reading.
Does a federal law generally prohibiting the state and local regulation of motor carriers contain a “market participant” exception permitting a municipality to take action that conflicts with the federal statute’s express preemption clause?
WASHINGTON – The justices of the U.S. Supreme Court seemed divided over whether the federal Medicaid Act preempts a North Carolina law authorizing the state to recoup as much as one third of any medical malpractice jury award or settlement, regardless of how much of the award was designated for medical expenses.
The Americans with Disabilities Act does not preempt a state law mandating an award of attorney fees to a storeowner who prevailed in a disability access action, the California Supreme Court has ruled in affirming an $118,000 award.