Bush v. Jameson

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that in order for a drug manufacturer to change the label, the manufacturer must go through a formal process through the FDA
• noting that all of the plaintiff’s alternate theories of recovery—including negligence per se—were really just “failure to warn claims masquerading as other theories”
• finding that “all of Plaintiffs’ claims based on the Generic Defendants’ failure to conform their labels to those of the Brand Name Defendants are preempted or otherwise unavailing”
• “Impossibility preemption is a type of implied conflict preemption which occurs when ‘state and federal law conflict [and] it is impossible for a private party to comply with both state and federal requirements.’”

Source: CourtListener parenthetical corpus (CC0).