It is fair to say that Bexis co-founded this blog (in 2006!) in part to aid the cause of medical device and pharmaceutical manufacturers, targets in our lawsuit-obsessed country. Over the years, this blog has come to serve as an important resource for our drug and defense bar colleagues, and Bexis regularly identifies—if not
Today’s post is a report on Jazmine Harris v. Topco Associates, LLC, ___ F. Supp.3d ___, 2021 WL 1885981 (N.D. Ill. May 11, 2021), which dismissed on preemption grounds a putative class action that challenged as fraudulent the marketing of acetaminophen for infants. The decision, whose result departs from earlier decisions in the area,