Today’s case is a counterpart to our post a few months ago about a case applying Buckman preemption to a contract dispute where adjudicating the alleged breach would have forced the court to decide FDA regulatory issues. In that case (Thogus Products Co. v. Bleep, LLC, 2023 WL 5607458 (N.D. Ohio 2023)), the
As defense attorneys who represent drug and device companies, we generally cheer when a state-law claim is held preempted by the FDCA. We are, however, not sure whether to cheer the decision we discuss today, Thogus Products Co. v. Bleep, LLC, 2023 WL 5607458 (N.D. Ohio 2023).
Thogus involved a contract dispute between a
We have been reporting on third party payer/payor (“TPP”) litigation for a long time. This category covers a range of causes of action and allegations but boils down to boils down to insurance companies or other entities trying to recover amounts they paid for patients to receive medical products because the manufacturers or sellers
It seems like a rather basic 1-L contract law proposition, but it bears repeating. If you want a particular term in your contract, get it in writing. A recent drug bulk supplier case bears this
out – and some unknown contract lawyer out there is probably feeling some heat because of it. The situation in