Last week, the day the case came down, we threw up a quick post with our very preliminary thoughts about Conte v. Wyeth, which is now available at 2008 WL 4823066 (Cal. App. Nov. 7, 2008). That’s the generic Reglan case where the court held that, even though the generic manufacturer whose product the
We’ve just been informed of a California appellate decision, Conte v. Wyeth, that effectively stands product liability law on its head. It involves a suit over a generic drug, but the plaintiffs sued the pioneer manufacturer of the original product as well.
The prescribing doctor denied reading any of the generic manufacturer’s warnings but
One of the ways we feed this blog is doing what comes naturally to us lawyers – reading recent cases – and hoping that something inspires us. Sometimes that works. Sometimes that doesn’t. This week it worked too well. We’ve seen several decisions that bring back memories of stuff we’ve had to deal with over
We’re so used to adverse decisions out of the District of Minnesota – what with the defibrillator MDLs “distinguishing” Buckman into near oblivion, and the heart valve MDL persisting in certifying classes despite being told not to by the Eighth Circuit – that good news from that district is like a breath of fresh air.