In re Incretin-Based Therapies Products Liability Litigation
District Court, S.D. California
1Opinion of the Court
*1111ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFFS’ CROSS-MOTION FOR SUMMARY JUDGMENT
Hon. Anthony J. Battaglia, United States District Judge
I. INTRODUCTION
Through the ■ enactment of the Federal Food, Drug, 'and Cosmetics Act, *111221 U.S.C. § 301 et seq., Congress, delegated authority to the Food and Drug Administration (“FDA”) to regulate pharmaceutical manufacturers and their products. With subsequent amendments, Congress enlarged this authority, charging the FDA with the power to protect the public health, and to assure the safety, effectiveness, and reliability…
2Cases cited28 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- United States v. Mead Corp.Supreme Court of the United States · 2001
- In Re Phenylpropanolamine (Ppa) Products Liability Litigation, Shantell Allen, on Behalf of Allen, Vera v. Bayer Corporation, Leon Anderson, Jr. v. Bayer Corporation, Leslie Ackel v. Bayer Corporation, Bridgett Arrington v. Bayer Corporation, Calvin McGriggs v. Delaco Company, Betty Clinton v. Delaco Company, Donna Sasseen v. Ide Interstate Inc., Elizabeth Page v. Bayer Corporation, Marie Riley v. Wyeth, Obo Itself and Its Unincorporated Division, Wyeth Consumer Healthcare, Fka Whitehall-Robins Healthcare Formerly Known as American Home Products Corporation, and Keva K. Alford, on Behalf of All Wrongful Death Beneficiaries of Henry Dexter, and Eddie Bullock v. Wyeth, Obo Itself and Its Unincorporated Division, Wyeth Consumer Healthcare, Fka Whitehall-Robins Healthcare Formerly Known as American Home Products Corporation, and Novartis Pharmaceuticals Corporation, Bobby Holmes v. Bayer Corporation, Melody McDaniel v. Wal-Mart Stores, Inc., Samantha Samuels v. Bayer CorporationCourt of Appeals for the Ninth Circuit · 2006
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3Cited by7 opinions
- In Re Fosamax (Alendronate Sodium) Products Liability LitigationCourt of Appeals for the Third Circuit · 2017
- Seufert v. Merck Sharp & Dohme Corp.District Court, S.D. California · 2016
- Cerveny v. Aventis, Inc.District Court, D. Utah · 2016
- In re Zofran (Ondansetron) Prods. Liab. Litig.District Court, District of Columbia · 2019
- Rinder v. Merck Sharp & Dhome Corp.Appellate Court of Illinois · 2019
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