5th Cir. Reverses Taxotere MDL Court’s Preemption Ruling
May 28, 2024
DOCUMENTS
- Opinion
NEW ORLEANS — The 5th Circuit U.S. Court of Appeals has reversed the Taxotere MDL court’s ruling that failure-to-warn claims asserted against the generic manufacturer defendants are not preempted because there was evidence they had “newly acquired evidence” warranting a label change under the FDA’s Changes Being Effected process.
In a May 24 opinion, the appellate panel found the MDL court did not enforce the requirement that newly acquired information must “reveal risks of a different type or greater severity or frequency than previously included in submissions to FDA.”
The panel remanded the action to the U.S. District Court …
UPCOMING CONFERENCES
![](https://harrismartin.s3.amazonaws.com/media/CACHE/images/uploads/conferences/iStock-1194111238/676070b74c476caea791c965bb161cef.jpg)
HarrisMartin’s Artificial Stone Silicosis Epidemic Litigation Conference
October 25, 2024 - Long Beach, CA
The Westin Long Beach