Today is our favorite holiday of the year. It is about BBQ, beach, and conviviality to some extent, but it is chiefly a celebration of the first official public announcement of the Declaration of Independence here in Philadelphia two hundred and forty two years ago. The delegates of the Second Continental Congress actually approved
July 2018
Sixth Circuit Finds Failure to Distribute Medication Guide Claim Preempted
By Michelle Yeary on
Being that it was the Sixth Circuit that allowed a failure-to-update claim to proceed against a generic manufacturer, when we got the recent decision in McDaniel v. Upsher-Smith Labs, 2018 U.S. App. LEXIS 17884 (6th Cir. June 29, 2018), knowing it was about whether a claim for failure to distribute a medication guide…
Simple Question; Not So Simple Answer
By Bexis on
We were reading the appallingly bad personal jurisdiction (and other things, but those aren’t what we’re interested in today) decision in Hammons v. Ethicon, Inc., ___ A.3d ___, 2018 WL 3030754 (Pa. Super. June 19, 2018). While many of the jurisdictional issues in Hammons are factually limited to the particular defendant and the particular…