We all know that absent extraordinary circumstances, failure to warn claims against generic drug manufacturers are preempted under PLIVA, Inc. v. Mensing, 564 U.S. 604 (2011). But as far as we are aware, no other court has been asked to decide whether that same preemption applies to cross-claims for contribution or indemnity. Until now.
In their unending quest to make a plaintiff out of everyone, some creative members from the other side of the “v.” have concocted a claim that we call “fourth-party payor” liability. Regular blog readers are certainly familiar with “third-party payor” actions brought – entirely for economic losses – by insurers, pension funds, and other organizations
This post is solely by the non-Reed Smith side of the Blog.
There are lots of great pairings. Bud Abbott and Lou Costello. Paul Simon and Art Garfunkel. Michael Jordan and Scottie Pippen. Michael Scott and Dwight Schrute. Rum and coke. Chocolate and peanut butter. Chocolate and pretzels. Chocolate and strawberries. Chocolate and wine. We
There is an exhibition at the National Museum of the American Indian in Washington DC showing a warrior with eyes on the back of his head and a blank, eyeless face on the front. That odd image reflects the profound truth that we have seen what has already happened but are blind to the future.