15 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,033 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,838 times   366 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
  3. Cooper v. Pickett

    122 F.3d 1186 (9th Cir. 1997)   Cited 1,239 times
    Holding that where complaint asserting claims of improper revenue recognition identified some of the defrauded customers, the type of conduct, the general time frame, and why the conduct was fraudulent, it was "not fatal to the complaint that it [did] not describe in detail a single specific transaction . . . by customer, amount, and precise method"
  4. Kelley v. Corrections Corp. of America

    750 F. Supp. 2d 1132 (E.D. Cal. 2010)   Cited 111 times
    Holding that failing to restrict adverse employment actions to those in response to employee opposition "would significantly blur and perhaps obliterate the distinction between an action for failure to accommodate or engage in the interactive process and retaliation"
  5. Utts v. Bristol-Myers Squibb Co.

    251 F. Supp. 3d 644 (S.D.N.Y. 2017)   Cited 57 times   2 Legal Analyses
    Holding that a written report that relies on FDA FAERS data does not constitute "newly acquired information"
  6. Motus v. Pfizer Inc.

    196 F. Supp. 2d 984 (C.D. Cal. 2001)   Cited 85 times   1 Legal Analyses
    Finding that plaintiff failed to create a question of fact for the jury because although the treating doctor testified that if he had been aware of a different warning he would have passed that information along to his patient, the court stated that his testimony did not establish that if that warning had been provided, he would not have prescribed Zoloft
  7. Marcus v. Forest Labs., Inc. (In re Celexa & Lexapro Mktg. & Sales Practices Litig.)

    779 F.3d 34 (1st Cir. 2015)   Cited 56 times   12 Legal Analyses
    Holding that federal law preempted the state law claims because the Federal Food, Drug, and Cosmetic Act ("FDCA") prohibited unilateral changes to FDA-approved labels, and therefore prohibited the drug manufacturer from changing its label in light of state law requirements
  8. Dolin v. GlaxoSmithkline LLC

    901 F.3d 803 (7th Cir. 2018)   Cited 28 times   1 Legal Analyses
    Concluding that it was not necessary to determine whether "clear evidence" involves a factual or legal question because "given the facts [of the] case, no reasonable jury could find that the FDA would have approved [plaintiffs' proposed warning] under the CBE regulation"
  9. Mitchell v. Boehringer Ingelheim Pharms., Inc.

    Case No: 1:16-cv-02384-STA-egb (W.D. Tenn. Nov. 21, 2017)   Cited 4 times
    Granting in part defendants' motion to dismiss Tennessee product liability claims on preemption grounds
  10. Shah v. Forest Labs., Inc.

    No. 10 C 8163 (N.D. Ill. May. 26, 2015)   1 Legal Analyses

    No. 10 C 8163 05-26-2015 MAHASUKH K. SHAH, individually and as Special Administrator of the estate of Manan H. Shah, Deceased, Plaintiff, v. FOREST LABORATORIES, INC., et al. Defendants. SAMUEL DER-YEGHIAYAN, District Judge MEMORANDUM OPINION This matter is before the court on Defendants' motion for summary judgment, Defendants' motions to exclude the testimony of Plaintiff's expert Dr. Michael Hamrell (Hamrell) and the testimony of Plaintiff's expert Dr. Henry Conroe (Conroe), and on Plaintiff's

  11. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,016 times   320 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
  12. Section 314.70 - Supplements and other changes to an approved NDA

    21 C.F.R. § 314.70   Cited 355 times   38 Legal Analyses
    Defining "major changes" as those "requiring supplement submission and approval prior to distribution of the product"
  13. Section 201.57 - Specific requirements on content and format of labeling for human prescription drug and biological products described in Section 201.56(b)(1)

    21 C.F.R. § 201.57   Cited 253 times   27 Legal Analyses
    Listing requirements for different subsections for indications, dosage, and clinical studies