Yanise Germain v. Teva Pharmaceuticals, USA, Inc

How courts have described this case

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

• noting that under the Erie Doctrine, federal courts sitting in diversity are “bound by the rulings of the state supreme court”
• explaining that the FDA can only approve a drug when it determines the drug is “safe for use” as prescribed in the “proposed labeling thereof”
• finding that a plaintiff’s failure to update warnings claim to be “pure conjecture” because it was based solely on his beliefs
• holding negligence claims preempted under Buckman where “the conduct that [p]laintiffs allege gives rise to their statutory negligence claims is the [defendants’] violation of the FDCA.”
• explaining that parties forfeit issues that they do not properly raise on appeal
• explaining that parties forfeit issues that they do not properly raise on appeal

Source: CourtListener parenthetical corpus (CC0).