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parallel claims news

News tagged with “parallel claims”. Found: 10 tagged news reports.
 

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Philadelphia :: PA :: USA | 5 months ago

Credibility Credibility of 5

We like these cases a lot and write on them every chance we get because they make so much sense. A court should not have to say out loud that a plaintiff cannot bring product liability claims against a defendant that did not make or sell the product.

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Los Angeles :: CA :: USA | over 1 year ago

Credibility Credibility of 5

the court rendered a perfectly horrible decision on both TwIqbal and the dreaded parallel claim exception to Riegel preemption.  Though the decision is a mistake, it is inevitable, as it is compelled by another mistake, the Seventh Circuit's

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Lohr :: Germany | almost 2 years ago

Credibility Credibility of 5

the court recently allowed a state-law tort claim based on alleged promotion of [a generic drug] for off-label purposes in violation of federal law to escape preemption on a motion to dismiss.  This claim was presented as a parallel claim: Plaintiffs

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Philadelphia :: PA :: USA | over 2 years ago

Credibility Credibility of 5

is the first court of appeals case that really takes a close look at what parallel claims entail post- Riegel .  While we'd prefer that this phantom exception not exist at all, the court's discussion keeps it tightly constrained and thus gets a

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Los Angeles :: CA :: USA | over 2 years ago

Credibility Credibility of 5

Last week saw the birth of the seven billionth current human on the planet. This week sees us comment on the parallel claim exception to Riegel preemption for what feels like the seven billionth time. It puts us in mind of Nietzsche's theory of the

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Philadelphia :: PA :: USA | almost 3 years ago

Credibility Credibility of 5

Pow! and Socko! to another attempt to escape Riegel preemption via a bogus parallel claim...It's not just another attempt to escape preemption; it's another attempt in a Trident artificial hip case...The plaintiff alleged that "the device squeaked

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Philadelphia :: PA :: USA | over 3 years ago

Credibility Credibility of 5

as a thoughtful discussion of "parallel" violation claims and pleading in the wake of the first wave of appellate predecent on the subject.  White is a Trident Hip case, and those almost always focus on the acetabular cup component of this PMA

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Tass :: Hungary | over 3 years ago

Credibility Credibility of 5

But while we love preemption, we must confess ill will toward the "parallel claim" end-run around preemption. We have had our flings with some other doctrines, such as res ipsa loquitur ...Like a meet-cute RomCom, a recent case brought all these

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Philadelphia :: PA :: USA | almost 4 years ago

Credibility Credibility of 5

Sometimes repeated litigation concerning a particular product can help establish legal standards applicable to all cases, especially if many people received the product and try to bring suits. Plaintiffs try one theory after another; courts reject

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Minneapolis :: MN :: USA | almost 4 years ago

Credibility Credibility of 5

We have been saying for a long time that parallel violation claims that avoid preemption under 21 U.S.C. § 360k pursuant to Riegel v...It took the judiciary a little time to get this, but the light bulb has gone off, and the good decisions keep

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