Articles Posted in Federal Law

This case was based on the distinction between brand name drugs and generics as decided by the U.S. Supreme Court in Wyeth v. Levine, 555 U.S. 555 (2009) and PLIVA v. Mensing, 564 U.S. 604 (2011).  The federal district court judge in Chicago, the Northern District of Illinois, dismissed failure-to-warn claims made against Pfizer, the manufacturer of Depo-T, a testosterone therapy that the Food and Drug Administration (FDA) classified as a generic drug.

In the Wyeth case, it was ruled that federal law does not pre-empt state law claims based on allegations that the manufacturer of a brand name drug failed to provide an adequate warning label. When a drug manufacturing company that produces a brand name drug realizes its warning label is inadequate, it can invoke a changes-being-effected regulation to immediately provide beefed-up warnings without prior FDA approval.

But because federal law requires the manufacturer of generic drugs to use the warning label approved for the brand-named version, Mensing ruled that conflict-pre-emption bars claims that the manufacturer of the generic version failed to provide adequate warnings.

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When President Trump delivered his State of the Union speech before the joint session of Congress on Feb. 28, 2017, he falsely asserted that medical malpractice liability reform would greatly impact the costs of health insurance and pharmacy drug prices.

In response, the American Association for Justice (AAJ) made the following statement:

“There is no evidence that rigging the legal system to strip Americans of their rights to hold wrongdoers accountable will lower the cost of health insurance. In fact, studies have found that limiting consumer and patient rights may actually increase costs to patients.”

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The American Trucking Association is the largest trade association for the truck industry and is the lobbying arm of trucking businesses and companies. It is the largest national trade association for the trucking industry.

The American Trucking Association is pledging to seek passage of a new federal law when the Republicans control both the White House and Congress. This association has tried to block state laws that require additional rest breaks for truckers beyond what the federal rules require.

In other words, the American Truck Association is pushing hard to undo safety transportation regulations.

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