Merck Sharp & Dohme Corp., Petitioner v. Doris Albrecht, et al.

  1. January 27, 2022

    6 Breyer Product, Personal Injury Opinions Attys Should Know

    U.S. Supreme Court Justice Stephen Breyer has more often joined rather than authored opinions handed down in cases — while also shining a pragmatic light on legal issues in a number of concurrences and dissents — but he has still penned more than 200 opinions during his nearly 28 years on the high court.

  2. June 21, 2019

    Top Product Liability Cases Of 2019: Midyear Review

    So far this year, Monsanto has been hit with over $2 billion in damages over claims that it failed to warn of the cancer risks of its popular Roundup weedkiller. Meanwhile, the Supreme Court has clarified the “clear-evidence” standard for failure-to-warn cases, while Connecticut's top court put a dent in the federal law protecting gunmakers from liability when firearms are used in crimes. Here, Law360 recaps the most significant product liability cases of the first half of 2019.

  3. May 20, 2019

    Justices Say Judges, Not Juries, Must Decipher FDA Rules

    The U.S. Supreme Court on Monday said a judge, not a jury, must decide if the U.S. Food and Drug Administration would have rejected a proposed warning of the risks associated with Merck's osteoporosis drug Fosamax, resolving a question over whether a judge or jury should interpret ambiguities in FDA labeling rules.

  4. January 07, 2019

    FDA Understood Proposed Fosamax Warnings, Justices Told

    A deputy U.S. solicitor general told the U.S. Supreme Court on Monday that there is no reason to think the U.S. Food and Drug Administration was confused by Merck's proposed warning on femoral fractures for its osteoporosis drug Fosamax, a warning the agency rejected.

  5. January 04, 2019

    Up Next At High Court: Drugs, Copyrights And State Immunity

    The U.S. Supreme Court begins its first oral argument session of 2019 on Monday by hearing tort claims against pharmaceutical giant Merck & Co., a circuit split over copyright infringement suits and a tax dispute with a big opportunity to expand sovereign immunity to states. Here are the key cases to watch for the week.

  6. January 01, 2019

    Product Liability Cases To Watch In 2019

    Product liability attorneys are closely watching two appeals at the U.S. Supreme Court — one over Merck's osteoporosis drug Fosamax and another involving asbestos and maritime law — as well as the enormous multidistrict litigation over the opioid crisis and suits alleging that Monsanto’s weedkiller Roundup causes cancer. Here, Law360 summarizes the top cases product liability attorneys will be following in 2019.

  7. December 17, 2018

    Merck Tells High Court FDA OK In Rejecting Fosamax Warning

    Merck on Friday told the U.S. Supreme Court that the U.S. Food and Drug Administration rejected a proposed warning of femoral fractures for its osteoporosis drug Fosamax, but not because it had a problem with the wording.

  8. December 03, 2018

    High Court OKs SG To Argue In Merck's Fosamax Appeal

    The U.S. Supreme Court on Monday agreed to allow the federal government to present oral arguments against reviving multidistrict litigation over Merck's alleged failure to warn about a risk of femoral fractures from its osteoporosis drug Fosamax.

  9. October 31, 2018

    Justice Alito Unrecuses Self From Merck's Fosamax Appeal

    U.S. Supreme Court Justice Samuel Alito has unrecused himself from Merck's appeal of a Third Circuit decision that revived multidistrict litigation over the company's alleged failure to warn about a risk of femoral fractures from its osteoporosis drug Fosamax.

  10. September 21, 2018

    Fosamax MDL Revival Must Be Nixed, US Tells High Court

    The Office of the U.S. Solicitor General has urged the U.S. Supreme Court to overturn a Third Circuit decision reviving multidistrict litigation over Merck Sharp & Dohme Corp.'s alleged failure to warn about a risk of femoral fractures from its osteoporosis drug Fosamax, saying such claims are preempted because regulators rejected the company's proposed warning.