§Why CasetextPricing

Harden Manufacturing Corporation v. Pfizer, Inc. et al

MEMORANDUM in Support re MOTION to Dismiss THE PERSONAL INJURY PLAINTIFFS' CLAIMS BASED UPON ALLEGEDLY IMPROPER MARKETING PRACTICES

33 Cited authorities

  1. Buckman Co. v. Plaintiffs' Legal Committee

    531 U.S. 341 (2001)   Cited 1,180 times   80 Legal Analyses
    Holding that federal drug and medical device laws pre-empted a state tort-law claim based on failure to properly communicate with the FDA

  2. Thompson v. Western States Medical Center

    535 U.S. 357 (2002)   Cited 212 times   14 Legal Analyses
    Holding that a ban on advertising the compounding of pharmaceuticals violated the First Amendment

  3. Yuhasz v. Brush Wellman, Inc.

    341 F.3d 559 (6th Cir. 2003)   Cited 595 times   1 Legal Analyses
    Holding that the complaint at issue did not comply with Rule 9(b) inasmuch as it failed to "identify specific parties, contracts, or fraudulent acts"

  4. Ahmed v. Rosenblatt

    118 F.3d 886 (1st Cir. 1997)   Cited 715 times
    Holding that the "bald assertion" that unspecified defendants used mail and wire communications to commit fraud does not meet Rule 9(b)'s pleading requirement

  5. United States ex rel. Karvelas v. Melrose-Wakefield Hospital

    360 F.3d 220 (1st Cir. 2004)   Cited 371 times   4 Legal Analyses
    Holding that protected conduct is "conduct that reasonably could lead to a viable FCA action"

  6. Doyle v. Hasbro, Inc.

    103 F.3d 186 (1st Cir. 1996)   Cited 437 times
    Holding that "[c]onclusory statements that 'Hasbro and its executives failed to meet their contractual requirement,' are insufficient to satisfy the pleading requirements"

  7. Redondo-Borges v. United States Department of Housing & Urban Development

    421 F.3d 1 (1st Cir. 2005)   Cited 233 times
    Holding that, under Puerto Rico law, a government contract bidder had only a "unilateral expectation," not a vested property interest in a Puerto Rico agency's determination of the party's responsible bidder determination, even if it prevented the party from receiving future bids and payment from the government

  8. Hayduk v. Lanna

    775 F.2d 441 (1st Cir. 1985)   Cited 323 times
    Holding that "dismissal of the counts after plaintiffs had two opportunities to amend their complaint was well within the discretion of the district court especially since the plaintiffs were notified before amending a second time" that the allegations in their first amended complaint were inadequate

  9. New England Data Services, Inc. v. Becher

    829 F.2d 286 (1st Cir. 1987)   Cited 278 times
    Holding that, although First Circuit precedent requires that dates and times of mail or wire communications be pleaded, it is often "unreasonable" to dismiss a complaint on this basis without first allowing a period of discovery

  10. Feinstein v. Resolution Trust Corp.

    942 F.2d 34 (1st Cir. 1991)   Cited 239 times
    Holding that appellate jurisdiction attached notwithstanding district court's failure to state reasons for certification where justification was apparent and sufficient

  11. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,818 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  12. Section 1320d-6 - Wrongful disclosure of individually identifiable health information

    42 U.S.C. § 1320d-6   Cited 289 times   19 Legal Analyses
    Prohibiting use and disclosure of "individually identifiable health information" without authorization

  13. Section 312.7 - Promotion of investigational drugs

    21 C.F.R. § 312.7   Cited 15 times   13 Legal Analyses
    Prohibiting drug manufacturers from profiting on the sale of experimental drugs