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Archives for 2011

Supreme Court rejects lawsuits over generic drug warning labels.

June 23, 2011

The U.S. Supreme Court ruled on June 23, 2011 that generic drug companies cannot be sued under state law over allegations that they failed to provide adequate label warnings about potential side effects. By a 5-4 vote, the justices ruled in favor of Israel’s Teva Pharmaceutical Industries Ltd., Mylan Inc.’s UDL Laboratories and Iceland-based Actavis Inc. by overturning U.S. appeals court rulings that allowed such lawsuits.

The companies argued that federal law barred such lawsuits because the drug had been approved by the U.S. Food and Drug Administration. Federal law requires generic drugs to have the same labels as their brand name equivalents. Justice Clarence Thomas in the court’s majority opinion agreed. He said federal drug regulations applicable to generic drug manufacturers directly conflicted with and thus pre-empted state lawsuits.

Punitive Damages Can’t Be Awarded Under the Nursing Home Care Act.

March 24, 2011

In a 6-0 decision, the Illinois Supreme Court ruled on March 24, 2011 that punitive damages cannot be awarded under the Nursing Home Care Act (NHCA). The issue in Thomas Vincent v. Alden-Park Strathmoor, Inc. , No. 110406, was whether punitive damages can be awarded in death cases under the Nursing Home Care Act. Generally, a plaintiff’s right to recover punitive damages expires upon the death of the plaintiff, but the Trial Bar was seeking to make an exception under the NHCA. Read More ยป

Revised Case Management Order Adopted For Madison County Asbestos Litigation.

January 26, 2011

On January 26, 2011, Judge Crowder entered a new Case Management Order governing asbestos litigation in Madison County, the first comprehensive change in seven years. Plaintiffs’ firms are now limited to 19 cases per trial slot. (Previously the limit was 24 cases.) For an analysis of the changes affecting the defense of these cases, or if you would like to receive a copy of the order, contact Ed Matushek.

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