LJN Newsletters

The recent federal trial court decision in Dusek v. Pfizer Inc., Civil Action No. H-02-3559 (S.D. Tex. 2/20/04) dismissing plaintiffs' products liability claims against Pfizer in connection with the prescription drug Zoloft' on the ground of conflict preemption has given the pharmaceutical industry some hope that compliance with Food and Drug Administration (FDA) regulations will afford protection from common law failure-to-warn claims. The court granted summary judgment on the ground that a cause of action based on the plaintiff's proposed additional warning to the product label that Zoloft can cause suicidal ideation would conflict with the FDA's decision not to add such a warning because no causal link had in fact been established and it would in effect be false and misleading in violation of federal law. This should not deter continued efforts to obtain tort reform at the state level, however, where the continued influx of pharmaceutical product liability claims continues to burden courts and the pharmaceutical industry.

A complete listing of everything contained in this issue.

Recent cases of interest to you and your practice.

The latest cases of importance to your practice.

Recent rulings of importance to you and your practice.

Recent rulings of importance to you and your practice.

As a result of non-eviction co-op conversion plans, many rent-stabilized tenants live in co-operative apartment units. Suppose the apartment's owner overcharges the tenant. May the tenant recover the overcharge from a successor owner who purchased the co-operative unit at a UCC foreclosure sale? That issue, faced by a New York court in Muscat v. Gray (infra page 3 ), raises questions both of statutory construction and public policy.

A woman who was charged with second-degree aggravated harassment and second-degree harassment, violations of Penal Law '' 240.30(1) and 240.26(3) respectively, for allegedly posting handwritten fliers denigrating her former boyfriend and accusing him of failing to live up to his child-support obligations was exonerated by the court in February.