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Top 20 Food and Drug Cases, 2010; Cases to Watch, 2011
Gregory J. Wartman, a partner in the Litigation Department, served as assistant editor of this book, in addition to authoring and co-authoring chapters. He was the sole author of the chapter on “Lofton v. McNeil Consumer & Specialty Pharmaceuticals,” which analyzes the Lofton decision in which a federal district court ruled that a fraud-on-the-FDA exception contained in a Texas immunity statute was preempted under Buckman v. Plaintiffs’ Legal Committee. The chapter also discusses the Court’s analysis of failure to warn preemption following the Supreme Court’s ruling in Wyeth v. Levine.
In addition, Greg co-authored the chapter titled, “Photocure v. Kappos,” analyzing the Federal Circuit’s ruling in Photocure ASA v. Kappos, which determined the requirements of patent term extensions under the Hatch-Waxman Act.