state-law-liability

3 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-977 Merck Sharp & Dohme Corporation v. Doris Albrecht, et al. Third Circuit 2025-03-12 Denied Amici (4) administrative-law drug-preemption fda-regulation pharmaceutical-liability state-law-liability warning-label If a pharmaceutical manufacturer fully informs the FDA of all material information bearing on a drug's potential risk and seeks approval to warn of th…
20-952 Construction Cost Data, L.L.C., et al. v. The Gordian Group, Incorporated, et al. Fifth Circuit 2021-01-14 Denied business-disparagement defamation false-statements first-amendment jury-findings noerr-pennington noerr-pennington-doctrine reckless-disregard state-law-liability 1. Whether the Noerr-Pennington doctrine has been improperly expanded beyond its First Amendment moorings to insulate knowingly, recklessly, or intent…
18-1246 BNSF Railway Company, et al. v. Montana Eighth Judicial District Court, Cascade County, et al. Montana 2019-03-26 Dismissed Amici (2) bad-faith bad-faith-claims federal-framework federal-preemption fela fela-preemption litigation-conduct railroad-liability self-insured-employer state-law-liability Whether FELA preempts bad-faith claims under Montana law that seek to impose state-law liability based on the litigation conduct of a self-insured emp…