In February and March of 2009, US District Courts in the Northern District of Texas and the Western District of Oklahoma as well as the Iowa District Court for Sac County all rejected the invitations of plaintiffs-consumers of generic drugs to recognize claims against name brand manufacturers for allegedly failing to warn doctors about the risks associated with the generic product. See Schrock v. Wyeth, Inc., et al., --- F.Supp.2d ----, Case No. CIV-080453-M, 2009 WL 635415 (W.D. Okla. Mar. 11, 2009); Cousins v. Wyeth Pharma., Inc., et al., No. 3:08-CV-0310-N, (N.D. Tex. Mar. 10, 2009); Huck v. Trimark Physicians Group, et al., No. LACV018947, (Iowa Dist. Ct. Feb. 27, 2009).
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July 122019
Cross-border disputes: Forum/jurisdiction and parallel proceedings
One hand tied, but the other not paralysed, when English Courts assess proper forum and the ends of justice