California Baycol dismissal

By: admin, October 19, 2009

acting as coordinating counsel for all pharmacy retailers in the California Baycol proceedings, secured dismissal of all pharmacies on the grounds that plaintiffs could not allege products liability or negligence causes of action for mere dispensing of prescriptions in California (In Re: Baycol Litigation). Similarly, Mr. won summary judgment in favor of a national drug chain in a case arising out of prescription for Trazadone anti-depressant. Plaintiff contended that pharmacy failed to warn; trial court agreed that pharmacy had no duty to warn under circumstances of particular case. Successfully represented pharmacy on appeal before Third District Court of Appeals (Hooper v. Rite Aid.)

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