A few weeks ago, a judge for the Southern District of Ohio, applying Ohio law, granted in part the defendants’ summary judgment motion in a fentanyl patch case. Importantly, the court killed the plaintiff’s core failure to warn claim, as well as smacking down a “fraud on the FDA” claim in cursory fashion. Miller v.
We keep score here.
We keep the Drug/Vaccine Preemption Scorecard, collecting cases addressing preemption in the context of prescription drugs.
We keep the Device Preemption Scorecard, tracking device preemption cases since Riegel.
We keep the Cross-Jurisdictional Class Action Tolling Scorecard, tracking . . . well, if you understand what those words mean,…
This, that, and the other thing.
Odds and sods.
Whatever. This post is about stuff that we learned about recently that relate to our prior posts. Other than that, they have nothing in common with each other.
Together, they add up to enough material for a decent post.