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Generic drug maker loses preemption argument 

By: Sylvia Hsieh
Published: January 12, 2010

Tags: preemption, products liability, Wyeth v. Levine

A products liability suit against a generic drug maker for failure to warn under state law is not preempted by federal law, the 5th Circuit has ruled in applying the reasoning of Wyeth v. Levine.

Personal injury news in review 2009 

By: Nora Tooher
Published: December 22, 2009

Tags: assisted living industry, Barton, Bettinger, Chinese drywall, Chrysler, GM bankruptcies, hormone replacement therapy, Paxil, sudden acceleration accidents, Toyota, Wyeth v. Levine, Yasmin, Yaz

Lawyers USA recaps the big news and notable moments in personal injury law during 2009 — from Supreme Court decisions to singing courtroom summations.

David C. Frederick: Success in two pivotal preemption cases 

By: Kimberly Atkins
Published: December 11, 2009

Tags: Altria Group v. Good, federal preemption, Riegel v. Medtronic, Wyeth v. Levine

When David C. Frederick took on the task of trying to persuade the justices of the U.S. Supreme Court that federal law preempts neither state law claims against drug makers nor claims alleging deceptive cigarette labeling by tobacco companies, there were some betting against him.

Court rules on $30 million Prempro verdict 

By: Correy Stephenson
Published: November 3, 2009

Tags: preemption, Premarin, Prempro, Provera, Wyeth v. Levine

A plaintiff’s failure-to-warn claims against the manufacturer of estrogen and progestin drugs are not preempted or barred by the statute of limitations, the 8th Circuit has ruled in affirming a jury’s liability verdict.

Paxil and preemption: last stand of a defense argument 

By: Sylvia Hsieh
Published: September 25, 2009

Tags: preemption, SSRI, Wyeth v. Levine

Federal preemption – a favored defense argument to defeat state tort suits – has been on life support since the U.S. Supreme Court decided Wyeth v. Levine six months ago.

Now, a trilogy of cases in the federal courts of appeals will either resuscitate the argument in certain pharmaceutical cases, or put the final nail in the coffin.

Court denies preemption in Paxil suicide attempt case 

By: Justin Rebello
Published: August 10, 2009

Tags: Paxil, preemption, Wyeth v. Levine

A U.S. District Court in Wisconsin has denied GlaxoSmithKline’s claim that it is immune from liability for personal injury claims involving the anti-anxiety drug Paxil.

Plavix cases back on track 

By: Sylvia Hsieh
Published: May 12, 2009

Tags: Plavix, preemption, Wyeth v. Levine

Cases against the makers of Plavix, a popular blood thinning drug, are back on track now that the U.S. Supreme Court has ruled on federal preemption in Wyeth v. Levine.

A federal judge in New Jersey handling the 29 cases in the multi-district litigation had put the cases on hold pending the Court’s decision.

Diet drug claims preempted 

By: Nora Tooher
Published: March 25, 2009

Tags: preemption, Redux, Wyeth v. Levine

Product liability claims over the diet drug Redux are preempted by federal law, despite the recent U.S. Supreme Court ruling in Wyeth v. Levine, a U.S. District Court in Ohio has ruled.