Recently, largely related to the dubious pleasure of home ownership, we have had multiple occasions on which we were forced to shrug our shoulders and proclaim, “Nothing’s perfect.”  To wit, we recently noticed a small wet spot on our bedroom ceiling.  The roofing company discovered that the corresponding section of the roof was too shallow

We haven’t see too many of these.  The reason for that is the gadolinium litigation is practically a textbook example of where federal law ought to preempt state-law product liability claims of all kinds—including both design defect claims and failure-to-warn claims.  Just search gadolinium on the blog and you’ll find plenty of cases dismissed on

Not long ago, an EPL (evil plaintiff lawyer) relayed to us that, based on reading our posts, another EPL had assumed we had a particular political view.  As we laughed at the notion, we pondered the issues of assumption and incomplete information.  Much like the old quip about what happens when you assume, many assumptions

This has been an important concept in the gadolinium litigation and it delivered another preemption win in Javens v. GE Healthcare Inc., 2020 WL 2783581 (D. Del. May 29, 2020).  The changes being effected (“CBE”) label change process has strict limitations on when it can be used to add or amend warnings without prior

There was a time when we posted frequently about attempts to impose liability for injuries allegedly caused by the use of a generic prescription drug. Much of the attention has been directed to trying to pin liability on the company that developed the drug originally, even when the plaintiff took another company’s generic version. When

Two and half years ago we posted about a favorable California Superior Court ruling in the Risperdal and Invega Product Liability Cases litigation finding plaintiffs’ claims were preempted because there was no newly acquired information on which to base a CBE label change and because the FDA had rejected the proposed label change already.  We

Some states seem stronger on FDA preemption than SCOTUS was in the Wyeth v. Levine decision. For example, Michigan, New Jersey, and Texas prevent or limit the ability of plaintiffs to sue over an FDA-approved drug, including attacks on the FDA-approved label. See, e.g., Texas Civ. Prac. & Rem. Code Ann. § 82.007. Sometimes