Cases

Justice Thomas, with whom The Chief Justice, Justice Scalia, and Justice Alito join, dissenting. This appeal requires the Court to revisit its decision in Cipollone v. Liggett Group, Inc., 505 U. S. 504 (1992). As in that case, the question before us is whether state-law claims alleging that cigarette manufacturers misled the public about the health effects of cigarettes are pre-empted by the F

ORDER LAWRENCE K. KARLTON, Senior District Judge. On March 2, 2009, plaintiffs filed a motion for a preliminary injunction, relying in large part on an accompanying declaration by plaintiffs’ expert Brad Cavallo. Defendant *609Yuba County Water Agency (“YCWA”) then propounded discovery requesting prior drafts of this d

OPINION AND ORDER ON PENDING MOTIONS ROBERTO A. LANGE, District Judge. There are three pending motions in this case — Defendants’ Motion to Stay Proceedings and Compel Arbitration, Doc. 23; Plaintiffs’ Motion to Stay Defendants’ Motion to Compel Arbitration and to Take Discovery on Arbitration Issues, Doc. 26; and Defendants’ Motion to Dismiss Amended Complaint, Doc. 34. Those three pending motions presen

THE STATE OF SOUTH CAROLINA In The Court of Appeals Martha M. Fountain and Curtis Fountain, Plaintiffs, v. Fred's, Inc. and Wildevco, LLC, Respondents, v. Tippins-Polk Construction, Inc. and Rhoad's Excavating Services, LLC, Third-Party Defendants, Of whom Tippins-Polk Construction, Inc. is the Appellant. Appellate Case No. 2017-000688 Appeal From Barnwell County Doyet A. Early, III, Circuit Court Judge Opinion No. 5714 Heard

[Cite as State ex rel. Yost v. Cent. Tobacco & Stuff, Inc., 2025-Ohio-4613.] COURT OF APPEALS DELAWARE COUNTY, OHIO FIFTH APPELLATE DISTRICT STATE OF OHIO EX REL. Case No. 24 CAE 11 0103 ATTORNEY GENERAL DAVE YOST, Opinion And Judgment Entry Plaintiff - Appellant

United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-2926 ___________________________ Pharmaceutical Care Management Association Plaintiff - Appellant v. Nizar Wehbi, in his official capacity as the State Health Officer of North Dakot

OPINION AND ORDER AIKEN, Chief Judge. Plaintiffs bring this action alleging Betty Phelps was injured after ingesting a generic version of the prescription drug metoclopramide manufactured by Pliva from 2004 through 2007. Specifically, plaintiffs alleged that Pliva was negligent by failing to adequately warn Mrs. Phelps of the dangers of using metoclopramide and by failing to update its product label in

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT PHILIP R. MARTINEZ UNITED STATES DISTRICT JUDGE On this day, the Court considered Defendants Osiris Medical, Inc. (“Osiris”) and Raul Garcia, Jr.’s “Corrected Motion for Summary Judgment... Dismissing Plaintiffs’ Second Amended Complaint with Prejudice for Lack of Subject Matter Jurisdiction under Article III of the U.S. Constitution” (ECF No. 116) [hereinaf

Douglas L. Rayes, United States District Judge Before the Court is Defendant Insys Therapeutics Incorporated's ("Insys") motion to dismiss (Doc. 97), which is fully briefed.1 For the reasons stated below, Insys' motion is granted in part and denied in part. I. Background2 Anthem insures and administers employer-sponsored grou

*287 OPINION HILLMAN, District Judge: Before the Court is a motion-to dismiss the second amended complaint filed by defendants Medtronic Sofamaor Danesk USA Inc., Medtronic Spine LLC, Med-tronic USA Inc., and Medtronic Inc. (collectively “Medtronic”). For the reasons stated below, the motion will be granted in part and denied in part. <

ORDER MARVIN H. SHOOB, Senior District Judge. Presently before the Court are defendants’ motions to dismiss. The Court’s rulings and conclusions are set forth below. Background This is a personal injury and products liability suit brought against the drug manufacturers of the prescription medication phenytoin, sold under the brand name Dil

ORDER BETH BLOOM, UNITED STATES DISTRICT JUDGE THIS CAUSE is before the Court upon Defendant’s Motion to Dismiss, ECF No. [16] (“Motion”), Plaintiff’s Amended Complaint, ECF No. [6] (“Am.Compl.”). The Court has reviewed the Motion, all supporting and opposing filings, including Plaintiffs Response, ECF No. [20] (“PI. Resp.”), and Defendant’s Reply, ECF No. [27], and the record in this case. Bei

United States Court of Appeals For the Eighth Circuit ___________________________ No. 25-2087 ___________________________ Iowans for Alternatives to Smoking & Tobacco, Inc.; Global Source Distribution LLC; Wages and White Lion Investments, LLC, doing business as Triton Distribution; Smokin Hot LLC; Central Iowa Vapors WDM, LLC; Taste the Vape LLC, doing business

Robert M. Dow, Jr., United States District Judge Plaintiff Terry Paulsen brings this action against Defendants Abbott Laboratories *1161("Abbott"), AbbVie Inc. ("AbbVie"), Takeda Pharmaceuticals U.S.A. Inc. ("TPUSA"), and TAP Pharmaceutical Products, Inc. ("TAP") (collectively "Defendants") alleging strict products liability, strict products

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION TO STRIKE LUCY H. KOH, District Judge. Plaintiff Chad Brazil (“Brazil”) brings this putative class action against Dole Food Company, Inc. and Dole Packaged Foods, LLC (“Dole” or “Defendants”) alleging that Defendants’ package labeling is “misbranded” because it is unlawful and misleading. Specifically, Bra

MEMORANDUM OPINION AND ORDER BARBARA M. G. LYNN, District Judge. Before the Court is Defendant Cessna Aircraft Company’s Motion for Summary Judgment [Docket Entry # 66]. For the reasons stated below, the Motion is GRANTED in part and DENIED in part. I. BACKGROUND On January 24, 2003, a Cessna C208B model aircraft crashed near San Angelo, Texas, injuring th

817 F.Supp.2d 791 (2011) William R. FISHER and Silbray N. Fisher, Plaintiffs, v. Mark F. PELSTRING, M.D., Wyeth, Inc., Schwarz Pharma, Inc., and PLIVA USA, Inc., Defendants. Civil Action No. 4:09-cv-00252-TLW. United States District Court, D. South Carolina, Florence Division. September 30, 2011. Order Granting Reconsideration in Part and Denying Reconsideratio

PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ______________ Nos. 15-3353, 15-3354 and 15-3355 ______________ IN RE: VEHICLE CARRIER SERVICES ANTITRUST LITIGATION Direct Purchaser Plaintiffs Cargo Agents, Inc.; International Transport Management Corp.; and Manaco International Forwarders, Inc.;

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE STATE OF DELAWARE, ex rel. ) KATHLEEN JENNINGS, Attorney ) General of the State of Delaware, ) ) Plaintiff, ) ) v. ) C.A. No. N20C-09-097 MMJ CCLD ) BP AMERICA INC., BP P.L.C., ) CHEVRON CORPORATION, ) CHEVRON U.S.A. INC., ) CONOCOPHILLIPS,

539 F.3d 237 (2008) Deborah FELLNER, individually and on behalf of those similarly situated v. TRI-UNION SEAFOODS, L.L.C. d/b/a Chicken of the Sea Deborah Fellner, Appellant. No. 07-1238. United States Court of Appeals, Third Circuit. Argued February 12, 2008. Opinion Filed: August 19, 2008. *240 Kenneth A. Schoe