No. 19-1246

Rita McDaniel, Individually and as Personal Representative of the Estate of Johnny F. McDaniel, Deceased v. Upsher-Smith Laboratories, Inc.

Lower Court: Sixth Circuit
Docketed: 2020-04-26
Status: Denied
Type: Paid
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
Latest Conference: 2020-09-29
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?

Question Presented (OCR Extract)

QUESTION PRESENTED Rita McDaniel sued because Defendant failed to ensure the distribution of an FDA-mandated warning to her husband. Tennessee recognizes a tort claim based on failure to warn. Parallel federal regulations, 21 C.F.R. §§ 208.24(a), (b), require Defendant to ensure that sufficient medication guides are made available pharmacies or distributers for distribution to patients. Defendant also misled Mr. McDaniel’s doctor. The question presented is: 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.
2018-10-31
Petition for a writ of certiorari filed. (Response due May 26, 2020)

Attorneys

Rita McDaniel
Edward Kirksey Wood Jr.Wood Law Firm, LLC, Petitioner
Edward Kirksey Wood Jr.Wood Law Firm, LLC, Petitioner
Upsher-Smith Laboratories, Inc.
Cary Silverman Jr.Shook, Hardy and Bacon LLP, Respondent
Cary Silverman Jr.Shook, Hardy and Bacon LLP, Respondent