The Life Cycle of Sterling Drug, Inc.*
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Identifying the Defendant in Products Liability Litigation: Alternate Theories for Compensating Injured Plaintiffs
International Journal of Business and Social Science Vol. 9 • No. 8 • August 2018 doi:10.30845/ijbss.v9n8p2 Identifying the Defendant in Products Liability Litigation: Alternate Theories for Compensating Injured Plaintiffs Richard J. Hunter, Jr. Professor of Legal Studies Seton Hall University United States John H. Shannon Professor of Legal Studies Seton Hall University United States Henry J. Amoroso Associate Professor of Legal Studies Seton Hall University United States Abstract A spirited public policy debate has raged in the United States for more than four decades revolving around the responsibility of drug manufacturers for their products that cause injury to unsuspecting plaintiffs. An important part of the debate centers around a drug—DES—that was marketed as a benefit to women in preventing miscarriages. Some interesting or "alternate" theories for assessing liability have received attention in the generic area of products liability. This article will discuss three of the most prominent and still controversial theories—alternative liability, enterprise liability, and market share liability. In addition, the article will include several case studies exemplifying the legal principles discussed — some coming to very difficult conclusions — regarding the efficacy and application of these theories to particular facts developed during litigation. Keywords: Alternative Liability; Enterprise Liability; Market Share Liability 1. Introduction DES (Diethylstilbestrol, a synthetic form of the female hormone estrogen) litigation in the United States has been both extensive and controversial. Forty years ago, at the height of the DES crisis, in a seminal law review article in the Fordham Law Review, Sheiner (1978) estimated that the number of women who took DES during pregnancy ranged from 1 1/2 million to 3 million. -
V. : Civil Action No. DKC 14-3607
Case 8:14-cv-03607-DKC Document 47 Filed 07/29/15 Page 1 of 73 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : MALLINCKRODT INC. : v. : Civil Action No. DKC 14-3607 : UNITED STATES FOOD AND DRUG ADMINISTRATION, et al. : MEMORANDUM OPINION Plaintiff Mallinckrodt Inc. (“Mallinckrodt”), a pharmaceutical manufacturer, brings this action seeking judicial review of actions taken by the United States Food and Drug Administration (“FDA”), regarding its methylphenidate hydrochloride extended-release tablets, a generic version of the brand-name drug Concerta. Presently pending and ready for review in this action are several motions: (1) a motion to dismiss filed by Defendants FDA and United States of America (“Defendants”) (ECF No. 30); (2) a motion to compel production of the administrative record filed by Mallinckrodt (ECF No. 31); (3) a motion for summary judgment filed by Mallinckrodt (ECF No. 34); and (2) two motions to seal filed by Mallinckrodt (ECF Nos. 4 and 20). The relevant issues have been briefed, and the court now rules, no hearing being deemed necessary. Local Rule 105.6. For the following reasons, Defendants’ motion to dismiss will be granted in part, and summary judgment will be granted in part Case 8:14-cv-03607-DKC Document 47 Filed 07/29/15 Page 2 of 73 against Plaintiff. Mallinckrodt’s motion to compel production of the administrative record will be denied as moot, and Mallinckrodt’s motions to seal will be denied. I. Background A. Statutory and Regulatory Background The FDA regulates the approval, manufacture, sale, and labeling of prescription drugs. -
Brief of Consumers Union of United States, Inc., As Amicus Curiae in Support of Petitioners, Riegel & Riegel V
Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2007 Brief of Consumers Union of United States, Inc., as Amicus Curiae in Support of Petitioners, Riegel & Riegel v. Medtronic, Inc., No. 06-179 (U.S. Aug. 27, 2007) Lisa Heinzerling Georgetown University Law Center Docket No. 06-179 This paper can be downloaded free of charge from: http://scholarship.law.georgetown.edu/scb/40 This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: http://scholarship.law.georgetown.edu/scb Part of the Consumer Protection Law Commons, and the Torts Commons No. 06-179 ~ ~!~! GLE~a~K IN THE £ upreme ¢£ourt of nite tate CHARLES R. RIEGEL AND DONNA S. RIEGEL, Petitioners V. MEDTRONIC, INC., Respondent ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT BRIEF OF CONSUMERS UNION OF UNITED STATES, INC., AS AMICUS CURIAE IN SUPPORT OF PETITIONERS LISA HEINZERLING Counsel of Record 600 New Jersey Ave., N.W. Washington, D.C. 20001 (202) 662-9115 MARK SAVAGE Consumers Union of United States, Inc. 1535 Mission Street San Francisco, CA 94103-2512 Counsel for Amicus Consumers Union of United States, Inc. WILSON-EPES PRINTINGCO., INC. - (202) 789-0096 - WASHINGTON, D. C. 20002 QUESTION PRESENTED Whether the express preemption provision of the Medical Device Amendments to the Food, Drug, and Cosmetic Act, 21 U.S.C. § 360k(a), preempts state-law claims seeking damages for injuries caused by medical devices that received premarket approval from the Food and Drug Administration. -
Pharmaceutical Sector
MARKET REVIEW ON PRIORITY SECTOR UNDER COMPETITION ACT 2010 PHARMACEUTICAL SECTOR Malaysia Competition Commission (MyCC) 27 December 2017 TABLE OF CONTENTS Executive Summary 2 List of Abbreviations 7 Glossary 9 Introduction 16 Methodology and Limitations 18 Policy Context for the Review 24 PART ONE: OVERVIEW OF MALAYSIA’s PhARMACEUTICAL SECtor Chapter 1: Overall Growth of the Healthcare and Pharmaceutical Sectors 28 Chapter 2: Market Structure and Supply Chain 41 Chapter 3: Market Share and Market Concentration 69 Chapter 4: Market Dominance and Impact on Availability, Affordability and Accessibility of Medicines 93 PART TWO: COMPETITION CONCERNS IN THE PHARMACEUTICAL SECtor Chapter 5: Key Existing Laws and Regulations and An Assessment of Impacts 118 Chapter 6: Competition Concerns Among Industry Players 148 Chapter 7: Selected Case Studies on Anti-Competitive Conduct 177 PART THREE: CONCLUSION AND RECOMMENDatIONS Chapter 8: Conclusion and Recommendations 208 APPENDICES Appendix 1: Guiding Questions for Interviews with Industry Players 224 Appendix 2: Malaysian Organization of Pharmaceutical Industries (MOPI) Members 229 Appendix 3: Brief Profiles of Top 6 Malaysian Local/Joint Venture Pharmaceutical Companies 230 Appendix 4: Pharmaceutical Association of Malaysia (PhAMA) Members 232 Appendix 5: Malaysian Association of Pharmaceutical Suppliers (MAPS) Members 233 Appendix 6: Drug Registration Process 234 References 236 EXECUTIVE SUMMARY The aims of Malaysia’s National Medicines Policy are to promote equitable access to, and rational use of, safe, effective and affordable medicines by its population. In order to maximize social welfare, this policy is strengthened by Malaysia’s Competition Act of 2010 and the establishment of the Malaysia Competition Commission (MyCC) to bring about allocation, production and innovation efficiencies. -
I.G. Farben's Petro-Chemical Plant and Concentration Camp at Auschwitz Robert Simon Yavner Old Dominion University
Old Dominion University ODU Digital Commons History Theses & Dissertations History Summer 1984 I.G. Farben's Petro-Chemical Plant and Concentration Camp at Auschwitz Robert Simon Yavner Old Dominion University Follow this and additional works at: https://digitalcommons.odu.edu/history_etds Part of the Economic History Commons, and the European History Commons Recommended Citation Yavner, Robert S.. "I.G. Farben's Petro-Chemical Plant and Concentration Camp at Auschwitz" (1984). Master of Arts (MA), thesis, History, Old Dominion University, DOI: 10.25777/7cqx-5d23 https://digitalcommons.odu.edu/history_etds/27 This Thesis is brought to you for free and open access by the History at ODU Digital Commons. It has been accepted for inclusion in History Theses & Dissertations by an authorized administrator of ODU Digital Commons. For more information, please contact [email protected]. 1.6. FARBEN'S PETRO-CHEMICAL PLANT AND CONCENTRATION CAMP AT AUSCHWITZ by Robert Simon Yavner B.A. May 1976, Gardner-Webb College A Thesis Submitted to the Faculty of Old Dominion University in Partial Fulfillment of the Requirements for the Degree of MASTER OF ARTS HISTORY OLD DOMINION UNIVERSITY August 1984 Approved by: )arw±n Bostick (Director) Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Copyright by Robert Simon Yavner 1984 All Rights Reserved Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. ABSTRACT I.G. FARBEN’S PETRO-CHEMICAL PLANT AND CONCENTRATION CAMP AT AUSCHWITZ Robert Simon Yavner Old Dominion University, 1984 Director: Dr. Darwin Bostick This study examines the history of the petro chemical plant and concentration camp run by I.G. -
BAYER FOUNDATIONS Fellowship Program FOCUS on Education and Research BAYER Fellowship Program 2|3
Bayer: Science For A Better Life BAYER FOUNDATIONS FELLOWSHIP PROGRAM FOCUS ON EDUCATION AND RESEARCH BAYER FELLOWSHIP PROGRAM 2|3 The Bayer Science & Education Foun dation For the inventor company Bayer, young up-and- coming talents as well as scientific progress are fundamental to long-term success. The Bayer Science & Education Foundation therefore supports people – schoolchildren, students or top scientists – who are fascinated by science, medicine and technology. Our aim is to awake inventive spirit, expand educational horizons and honor outstanding achievements in science and education. The foundation promotes innovation on all levels: the spectrum ranges from the funding of school projects to scholarships and scientific awards, with a particular focus on health care, nutrition and high-tech materials. The foundation’s activities are inspired by the Bayer Group’s mission statement: Bayer: Science For A Better Life Further information at: www.bayerfoundations.com SUPPORT FOR YOUNG TALENTS FELLOWSHIP PROGRAM Benjamin Buick, physics student, gained valuable experience through his scholarship from the Bayer foundation for an internship at the Tor Vergata University of Rome, Italy. BAYER FELLOWSHIP PROGRAM 4|5 The foundation’s scholarship programs have two main areas of focus – the regular programs for scholarship projects and placements abroad, and additional offerings aimed at specific target groups. The regular programs are setup for students, trainees and apprentices in scientific, technical and medical disciplines. Internationality is a key aspect of these programs. Therefore the founda- tion grants scholarships exclusively to applicants from German-speaking countries wishing to go abroad and to foreign applicants who are inter- ested in a study project in Germany. -
The Persistence of Elites and the Legacy of I.G. Farben, A.G
Portland State University PDXScholar Dissertations and Theses Dissertations and Theses 5-7-1997 The Persistence of Elites and the Legacy of I.G. Farben, A.G. Robert Arthur Reinert Portland State University Follow this and additional works at: https://pdxscholar.library.pdx.edu/open_access_etds Part of the History Commons Let us know how access to this document benefits ou.y Recommended Citation Reinert, Robert Arthur, "The Persistence of Elites and the Legacy of I.G. Farben, A.G." (1997). Dissertations and Theses. Paper 5302. https://doi.org/10.15760/etd.7175 This Thesis is brought to you for free and open access. It has been accepted for inclusion in Dissertations and Theses by an authorized administrator of PDXScholar. Please contact us if we can make this document more accessible: [email protected]. THESIS APPROVAL The abstract and thesis of Robert Arthur Reinert for the Master of Arts in History were presented May 7, 1997, and accepted by the thesis committee and department. COMMITTEE APPROVALS: Sean Dobson, Chair ~IReard~n Louis Elteto Representative of the Office of Graduate Studies DEPARTMENT APPROVAL: [)fl Dodds Department of History * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ACCEPTED FOR PORTLAND STATE UNIVERSITY BY THE LIBRARY by on ct</ ~~ /997 ABSTRACT An abstract of the thesis of Robert Arthur Reinert for the Master of Arts in History presented May 7, 1997. Title: The Persistence of Elites and the Legacy of LG. Farben, A.G .. On a massive scale, German business elites linked their professional ambitions to the affairs of the Nazi State. By 1937, the chemical giant, l.G. Farben, became completely "Nazified" and provided Hitler with materials which were essential to conduct war. -
BAYER FOUNDATIONS Fellowship Program Veterinary Student in Action
Bayer: Science For A Better Life BAYER FOUNDATIONS FELLOWSHIP PROGRAM Veterinary student in action. in student Veterinary BAYER FELLOWSHIP PROGRAM 2| 3 PIONEERS IN Bayer Foundations – SCIENCE & SOCIETY Partner of Pioneers Since 1897 The Bayer Foundations have been acting as catalysts COMMITMENT for societal progress and frontier innovations ever since Friedrich Bayer Junior laid the basis for first TO PROGRESS activities in 1897. Today, two corporate foundations support pioneers all around the globe in six program areas ranging from frontier science to social innovation in health and agriculture related topics. The Bayer Science & Education Foundation supports frontier research, talent development and science education in three program areas: In the Science@School program the foundation promotes science teachers who carry the spirit of innovation into the classroom and make young people feeling the fascination of sciences. In the Bayer Fellowship program the foundation enables outstanding talents to undertake out-of-the-box international study and research projects in scientific areas related to health and agriculture. With Science Awards the foundation honors frontier research and supports rising stars in life sciences, chemistry and medicine. Along with the scientific programs of the Bayer Science & Education Foundation, the Bayer Cares Foundation supports new solutions for societal challenges related to health and agriculture. The focus is on passionate people who are closing gaps in society through volunteer work and social innovations. In addition, the foundation is engaged in relief and reconstruction projects following natural disasters. More information at: Both foundations share Bayer’s ultimate goal: www.bayer-foundations.com improving human life through innovation. BAYER FELLOWSHIP PROGRAM 4|5 Bayer Fellowship program – support talents to grow The Bayer fellowship program supports extraor- PROMOTING PIONEERS dinary gifted talents in order to help them realize OF TOMORROW individual study and research projects abroad. -
PDF Viewing Archiving 300
I.C.FARBEN INDUSTRIE AKTIEN~ GESELLSCHAFT FRANKFURT(.MAIN) 1 9 3 2 L G. Farbenindustrie Aktiengesellschaft Frankfurt (Main) Bericht· des Vorstandes und des Aufsichtsrates über das Geschäftsjahr 1932. 8. ordentliche Generalversammlung Freitag, den 28. April 1933, vormittags 11 Uhr, in unserem Verwaltungsgebäude Frankfurt (Main) Grüneburgplatz. Tages-Ordnung: 1. Vorlage des Jahresabschlusses und des Geschäftsberichtes für 1932 und Beschlußfassung über den Jahresabschluß. 2. Gewinnverteilung. 3. Entlastung des Aufsichtsrates und des Vorstandes. 4. Wahlen zum Aufsichtsrat. 5. Wahl des Bilanzprüfers fUr das Geschäftsjahr 1933. Aufsi chtsrat. Geheimer Regierungsrat Professor Dr. CARL DUISBERG, Leverkusen, Vorsitzender, Dr. CARL von WEINBERG, Frankfurt (Main)-Niederrad, stellvertretender Vorsitzender, Dr. WTLHELM FERDINAND KALLE, Frankfurt (Main), Dr. RUDOLF MANN, Leverkusen, Verwaltungsrat Geheimer Kommerzienrat Dr. LUDWIG SCHUON, München, Staatssekretär z. D. Dr. ERNST von SIMSON, Berlin-Dahlem, Geheimer Regierungsrat Dr. ARTHUR von WEINBERG, Frankfurt (Main)-Niederrad. J Dr. WALTHER vom RATH, Cronberg (Taunus), Kommerzienrat ADOLF KÄCHELEN, Stuttgart, stellvertretender Vorsitzender, Wirkt. Geheimer Oberregierungsrat Dr. WILHELM von Dr. AXEL AUBERT, Oslo. MEISTER, Regierungspräsident a. D., Genf. Geheimer Hofrat Dr. GUST AV AUFSCHLÄGER, Hamburg, OTTO von MENDELSSOHN-BARTHOLDY, Berlin, Dr. RICHARD BAYER, Leverkusen, Dr. ALFRED MERTON, Frankfurt (Main), WALDEMAR von BöTTINGER, Rittergutsbesitzer, WILHELM PELTZER, Fabrikant, Krefeld, Schloss Arensdorf i. d. Neumark, Dr. W ALTER von BRONING, Polizeipräsident a. D., JULIUS SCHARFF, Bad Liebenzell, Semper a. Rügen, Graf RUTGER JAN EUGEN SCHIMMELPENNINCK, Kommerzienrat LOTHAR BRUNCK, Kirchheimbolanden, Den Haag (Holland), Geheimer Kommerzienrat Dr. LEO GANS, Dr. OSCAR SCHLITTER, Berlin, Frankfurt (Main), Geheimer Regierungsrat Dr. ADOLF HAEUSER, Staatsminister Dr. FRIEDRICH SCHMIDT -OTT, Frankfurt (Main), Exzellenz, Berlin-Steglitz, Dr. JAKOB HASSLACHER, Duisburg-Ruhrort, LEOPOLD Freiherr von SCHRENCK-NOTZING, Berlin. -
Bayer Foundations Fellowship Program Bayer Fellowship Program 2| 3
Bayer: Science For A Better Life BAYER FOUNDATIONS FELLOWSHIP PROGRAM BAYER FELLOWSHIP PROGRAM 2| 3 Bayer Science & Education Foundation – commitment to progress WORLD TALENTS In a world of constant change, progress in science and society is more than ever the key prerequisite FRONTIER RESEARCH for mastering the challenges of the future. Particularly for an innovation company like Bayer, excellence in science and education builds the foundation for long-term success. This is why the Bayer foundation has been support- ing pioneering spirit in science and society since 18 97. The scientific programs of the foundation encour- age creativity and inventive spirit in science and medicine – on all educational levels: the current support spectrum ranges from school projects and scholarship programs to a variety of scientific achievement awards. All programs are inspired by Bayer’s mission: Science For A Better Life! More information at: www.bayer-foundations.com BAYER FELLOWSHIP PROGRAM 4|5 Bayer Foundations Fellowship – help talents to grow INSPIRING KNOWLEDGE – The international fellowship program of the Bayer Science & Education Foundation supports ENCOURAGING TALENTS extraordinarily gifted talents in order to help them realize individual study and research projects abroad. Scholarships for individual applications: Otto Bayer Scholarship: natural sciences Carl Duisberg Scholarship: medicine Jozef Schell Scholarship: agro sciences Kurt Hansen Scholarship: science teachers Hermann Strenger Scholarship: apprentices Scholarships are granted exclusively -
One Hundred Years of Chemical Warfare: Research
Bretislav Friedrich · Dieter Hoffmann Jürgen Renn · Florian Schmaltz · Martin Wolf Editors One Hundred Years of Chemical Warfare: Research, Deployment, Consequences One Hundred Years of Chemical Warfare: Research, Deployment, Consequences Bretislav Friedrich • Dieter Hoffmann Jürgen Renn • Florian Schmaltz Martin Wolf Editors One Hundred Years of Chemical Warfare: Research, Deployment, Consequences Editors Bretislav Friedrich Florian Schmaltz Fritz Haber Institute of the Max Planck Max Planck Institute for the History of Society Science Berlin Berlin Germany Germany Dieter Hoffmann Martin Wolf Max Planck Institute for the History of Fritz Haber Institute of the Max Planck Science Society Berlin Berlin Germany Germany Jürgen Renn Max Planck Institute for the History of Science Berlin Germany ISBN 978-3-319-51663-9 ISBN 978-3-319-51664-6 (eBook) DOI 10.1007/978-3-319-51664-6 Library of Congress Control Number: 2017941064 © The Editor(s) (if applicable) and The Author(s) 2017. This book is an open access publication. Open Access This book is licensed under the terms of the Creative Commons Attribution-NonCommercial 2.5 International License (http://creativecommons.org/licenses/by-nc/2.5/), which permits any noncom- mercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made. The images or other third party material in this book are included in the book's Creative Commons license, unless indicated otherwise in a credit line to the material. If material is not included in the book's Creative Commons license and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder. -
Case No COMP/M.2192 - 3* SMITHKLINE BEECHAM / BLOCK DRUG
EN Case No COMP/M.2192 - 3* SMITHKLINE BEECHAM / BLOCK DRUG Only the English text is available and authentic. REGULATION (EEC) No 4064/89 MERGER PROCEDURE Article 6(1)(b) NON-OPPOSITION Date: 11/01/2001 Also available in the CELEX database Document No 301M2192 Office for Official Publications of the European Communities L-2985 Luxembourg COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 11.01.2001 SG(2000)D/285020 In the published version of this decision, some PUBLIC VERSION information has been omitted pursuant to Article 17(2) of Council Regulation (EEC) No 4064/89 concerning non-disclosure of business secrets and other confidential information. The omissions are MERGER PROCEDURE shown thus […]. Where possible the information ARTICLE 6(1)(b) DECISION omitted has been replaced by ranges of figures or a general description. To the notifying party Dear Sir/Madam, Subject: Case No COMP/M.2192 – SmithKline Beecham/Block Drug Notification of 17.11.2000 pursuant to Article 4 of Council Regulation No 4064/89 1. On 17 November, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89 (“the Merger Regulation”), by which the UK company, SmithKline Beecham plc (“SB”) notified its intention to acquire sole control over the US company, Block Drug Company Inc. (“Block Drug”), through purchase of shares. 2. Following examination of the notification, the Commission has concluded that the notified operation falls within the scope of the said Council Regulation and does not raise serious doubts as to its compatibility with the common market and the EEA agreement.