United States Third Circuit

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In re: Fosamax Products Liability Litigation (No. II), 12-2250

In an action involving product liability claims against defendant drug manufacturers by plaintiffs who allegedly suffered bone fractures because they took Fosamax or the generic equivalent of that drug, the district court's judgment on the pleadings in favor of the Generic defendants is affirmed, where: 1) plaintiffs waived any arguments regarding negligence-based design-defect claims against the Generic defendants by raising them for the first time in their reply brief; and 2) plaintiffs' strict-liability design-defect claims against the Generic defendants are preempted by federal law.

Appellate Information

  • Decided 04/30/2014
  • Published 04/30/2014

Judges

  • JORDAN

Court

  • United States Third Circuit

Counsel

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