No. 19-1246
Rita McDaniel, Individually and as Personal Representative of the Estate of Johnny F. McDaniel, Deceased v. Upsher-Smith Laboratories, Inc.
Tags: failure-to-warn fda-labeling fda-regulations federal-regulations implied-preemption medication-guide parallel-federal-regulations preemption state-law tort-claim
Key Terms:
TradeSecret Jurisdiction
TradeSecret Jurisdiction
Latest Conference:
2020-09-29
Question Presented (from Petition)
Whether a state-law, failure-to-warn claim that parallels a defendant's failure to follow FDA labeling regulations is impliedly preempted?
Question Presented (AI Summary)
Whether a state-law, failure-to-warn claim that parallels a defendant's failure to follow FDA labeling regulations is impliedly preempted?
Docket Entries
2020-10-05
Petition DENIED.
2020-07-08
DISTRIBUTED for Conference of 9/29/2020.
2020-07-06
Reply of petitioner Rita McDaniel filed. (Distributed)
2020-06-22
Brief of respondent Upsher-Smith Laboratories, Inc. in opposition filed.
2020-04-30
Motion to extend the time to file a response is granted and the time is extended to and including June 25, 2020.
2020-04-29
Motion to extend the time to file a response from May 26, 2020 to June 25, 2020, submitted to The Clerk.
Attorneys
Rita McDaniel
Edward Kirksey Wood Jr. — Wood Law Firm, LLC, Petitioner
Upsher-Smith Laboratories, Inc.
Cary Silverman Jr. — Shook, Hardy and Bacon LLP, Respondent