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Event Recap: Josh Greenberg Speaks on Prescription Drug Warnings in Products Liability Litigation

June 27, 2011

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ARLINGTON, VA. – On June 27, Womble Carlyle attorney Josh Greenberg gave a presentation on “Understanding the Role of Prescription Drug Warnings in Products-Liability Cases” at the Pharmaceutical Education & Research Institute.
 
Greenberg discussed recent court decisions from across the nation on topics including:
 
  • Factors that determine whether warnings are adequate as a matter of law;
  • Putative class actions by third-party payors, such as union benefits plans and insurance companies, asserting consumer-fraud claims based on purportedly misleading marketing;
  • New preemption issues for brand-name manufacturers since Wyeth v. Levine; and
  • Brand-name liability for generic drug warnings.
Greenberg also addressed the Supreme Court’s ruling last week in Pliva, Inc. v. Mensing and its likely consequences.
 
Josh Greenberg is a litigator with substantial experience a diverse array of challenging cases, including products-liability and consumer-protection lawsuits by individuals, putative classes, and state attorneys general; judgment-enforcement and breach-of-contract actions involving real estate; and white-collar prosecutions. Josh has particular experience defending pharmaceutical companies, especially prescription drug manufacturers, against claims alleging personal injuries, misleading marketing, and off-label promotion. He practices in Womble Carlyle’s Washington, D.C. office.