Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Drug & Device News

By ljnstaff | Law Journal Newsletters
October 02, 2017

Opioid Addiction Caused By Marketing Misinformation, Plaintiff Argues

Joseph Caltagirone, the father of a young man who died of an accidental methadone overdose after he became addicted to opioids, has appealed the summary dismissal of his case against drugmaker Teva Pharmaceuticals. Caltagirone contends the manufacturer aggressively promoted its fentanyl lozenge product Actiq to physicians as a treatment for a number of ills, even though it was only approved for use by cancer patients and was supposed to be prescribed only by oncologists specially trained in the use of Schedule II opioids. Caltagirone's son was prescribed Actiq for migraine headaches and became addicted. The trial court threw the case out, citing federal preemption and the learned intermediary doctrine. On appeal, attorney Richard Hollawell of the firm of Console & Hollawell asserts in plaintiff's brief that “[t]he law of Pennsylvania is that a jury is to determine whether 'proper and adequate' information has been given by a drug manufacturer to a physician alleged by the defense to be a 'learned intermediary,'” and “[i]t is the defendant manufacturer itself that has misled the intermediary and preserved the causation required to impose liability.”

Woman Fired for Marijuana Use Wins Workplace Discrimination Suit

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Removing Restrictive Covenants In New York Image

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

Fresh Filings Image

Notable recent court filings in entertainment law.