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Failure-to-Warn Claim Targeting Branded Drug Held Preempted: Litigation-Driven Expert Analysis Is Not Newly Acquired Information for Purposes of the Changes Being Effected Regulation

Under Wyeth v. Levine, 555 U.S. 555 (2009), and PLIVA, Inc. v. Mensing, 564 U.S. 604 (2011), failure-to-warn claims targeting a pharmaceutical are…

Ninth Circuit Affirms Exclusion of Expert and Resulting Summary Judgment in In re: Incretin-Based Therapies MDL | Faegre Drinker Biddle & Reath LLP

Early last year, the In re: Incretin-Based Therapies MDL court held that the plaintiffs’ warnings claims were preempted, excluded plaintiffs’ general causation experts, and granted.

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