Wilson Elser Moskowitz Edelman & Dicker LLP
05/20/2022 | News release | Distributed by Public on 05/20/2022 11:42
Duffy and Warin Secure Preemption Dismissal on behalf of Pharmaceutical Company in Case with 20+ Plaintiffs
Duffy and Warin Secure Preemption Dismissal on behalf of Pharmaceutical Company in Case with 20+ Plaintiffs
May 20, 2022
Washington, D.C. partners Ryan Duffy and Kathleen Warin recently prevailed on a motion to dismiss filed on behalf of a pharmaceutical company in a product liability case with more than 20 plaintiffs. The plaintiffs filed a consolidated complaint in the United States District Court of New Jersey, alleging serious injuries due to use of a generic pharmaceutical prescribed for the treatment of atrial fibrillation. Ryan and Kathleen sought dismissal of all claims based primarily on federal preemption arguments and the federal Food, Drug, and Cosmetic Act. The district court specially assigned the motion to Judge Patty Shwartz of the United States Court of Appeals for the Third Circuit. The court agreed with the team's arguments, concluding that the plaintiffs' claims were preempted and inadequately pled, and dismissed the case with prejudice. Suna Lee (Of Counsel-Florham Park, NJ) assisted as local counsel.