Skip to content

menu

HomeAboutSubscribeTopicsContactAwardsScorecardsGeneral ResearchState-by-State ResearchCheat Sheets
Subscribe
Search
Close
ScorecardsGeneral ResearchCheat SheetsState-by-State ResearchBlogrollLinks & ResourcesAwards
All Topics

Drug & Device Law

The definitive source for intelligent commentary on the law that matters for drug and device product liability cases

Pharmacies

Subscribe to Pharmacies via RSS

Fifth Circuit Holds That Competitors Can Sue Over Unapproved Drugs

By Steven Boranian on April 15, 2025
Photo of Steven Boranian

No one can sell a new drug without prior approval from the FDA.  That rule is codified in the federal Food, Drug, and Cosmetic Act and is not controversial (or at least should not be controversial).  Less clear is whether a seller of an FDA-approved drug can sue a competitor under state unfair competition laws…

Posted in Implied Preemption, Pharmacy liability

Court Tosses Claims Against Manufacturer and Distributor of a Generic Drug

By Andrew Tauber on January 27, 2022
Photo of Andrew Tauber

Earlier this week a district court dismissed claims brought against the manufacturer and the distributor of a generic drug, holding that all of the claims were preempted by federal law and the several also failed under Florida law. The decision, Hernandez v. Aurobindo Pharma USA, Inc., 2022 WL 204401 (M.D. Fla. 2022), is long…

Posted in Implied Preemption, Other

Drug & Device Resources

Bexis’ Book

FDA-regulated products now account for an estimated one-fifth of overall economic activity in the U.S. They have also been the focus of a litigation explosion. This timely guide covers all aspects of litigation involving drugs, medical devices, vaccines and other FDA-regulated prescription products.
Learn More About This Book

Drug & Device Law

Stay Connected

RSS
Disclaimer and Terms of Use

About this blog

This blog contains the personal views of the Blogging Team (and of any authors of guest posts) concerning various topics that arise in the defense of pharmaceutical and medical device product liability litigation.

Read More...

Topics

Archives

Copyright © 2025, Drug and Device Law. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo