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HTMLFailure-to-Update Claims Against Generic Manufacturers Remain Viable
Laura J. Bettenhausen; Baker Sterchi Cowden & Rice, L.L.C.;
Legal Alert/Article
November 12, 2014, previously published on October 16, 2014
In Franzman v. Wyeth, Inc., et al., case number ED100312, the Missouri Court of Appeals for the Eastern District recently reversed the trial court’s judgment in favor of the manufacturers of the generic form of Reglan (the “Generic Defendants”) on the portion of Franzman’s...

 

HTMLFlorida Court Says, “No Phishing Expeditions Allowed on a Plaintiff’s Facebook Page”
Sean M. McDonough; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on April 15, 2014
While it is true that social media has become one of the main sources for discovery in personal injury litigation, the basic tenets of discovery that apply to the standard document requests, also apply to this new technological source of information. The question of whether a demand for any and all...

 

HTMLWeeks II: Alabama bucks the trend and accepts the Innovator-Liability Theory
Laura J. Bettenhausen; Baker Sterchi Cowden & Rice, L.L.C.;
Legal Alert/Article
October 31, 2014, previously published on October 10, 2014
On August 15th, the Alabama Supreme Court endorsed the theory of “innovator liability” and held for the second time in Wyeth, Inc. v. Weeks, 2014 Ala. LEXIS 109 (Ala. Aug. 15, 2014), that a plaintiff who took only the generic version of the heartburn medication Reglan could still make a...

 

HTMLAntibiotic Clarithromycin Linked To Increased Risk of Cardiac Death
Seth A. Katz; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
September 10, 2014, previously published on August 26, 2014
Danish researchers from the Statens Serum Institut in Copenhagen found the antibiotic clarithromycin increased the risk of cardiac-related deaths.

 

HTMLDEA Moves Hydrocodone Combination Drugs to Schedule II
Seth A. Katz; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
September 10, 2014, previously published on August 27, 2014
The U.S. Drug Enforcement Administration has reclassified hydrocodone combination medications from Schedule III to Schedule II, increasing the restrictions on the drugs. Hydrocodone alone is already a Schedule II drug, but now medications that use a mixture of hydrocodone and another medication,...

 

HTMLStudy Shows Using Antibiotics Early In Life Could Affect Immunity in the Long Term
Seth A. Katz; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
September 10, 2014, previously published on August 28, 2014
New research from the University of British Columbia has revealed that taking antibiotics early in life may harm your immunity later on. Antibiotics fight bacteria in a patient, but they don't differentiate between the good and the bad kind. As such, antibiotic treatments can end up attacking good...

 

HTMLBrand-Name Drug Manufacturer Liable For Personal Injuries Caused By Generic Drugs Manufactured By Different Company In Alabama
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 4, 2014, previously published on August 25, 2014
The Supreme Court of Alabama held last week that under Alabama law, a brand-name drug company can be held liable for fraud or misrepresentation based on statements made in connection with the manufacture of a brand-name prescription drug by a plaintiff claiming physical injury cause by a generic...

 

HTMLFDA Releases Guidance for Industry on ANDAs: Stability Testing of Drug Substances and Products, Questions and Answers
Duane Morris LLP;
Legal Alert/Article
July 8, 2014, previously published on June 20, 2014
The U.S. Food and Drug Administration (FDA) recently published a new Guidance for Industry, titled ANDAs: Stability Testing of Drug Substances and Products, Questions and Answers, which provides answers to questions from public comments received on the draft Guidance for Industry on ANDAs:...

 

HTMLFDA Issues Draft Guidance for Identification and Notification of Suspect Products
Duane Morris LLP;
Legal Alert/Article
July 8, 2014, previously published on June 24, 2014
As discussed in our April 11, 2014 Alert, the Drug Supply Chain Security Act (DSCSA) was enacted "to build an electronic, interoperable system to identify and trace certain prescription drugs as they are distributed within the United States." Recently, the U.S. Food and Drug...

 

HTMLHow the Supreme Court Decision in Alice Corp. v. CLS Bank Undermines the USPTO Subject Matter Eligibility Guidance
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
June 30, 2014, previously published on June 24, 2014
On June 19, 2014, the Supreme Court issued its decision in Alice Corp. v. CLS Bank International, finding that patents directed to “a computer-implemented scheme for mitigating ‘settlement risk’” were invalid as being drawn to a patent-ineligible abstract idea. Although the...

 


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