FINDLAW: Daily Opinion Summaries for U.S. Supreme Court – 03/04/09

CONSUMER PRODUCTS, CONSUMER PROTECTION LAW, DRUGS & BIOTECH, HEALTH LAW, INJURY AND TORT LAW, PRODUCT LIABILITY

Wyeth v. Levine, No. 06-1249
In a tort action based on an injury due to the medical use of Wyeth’s drug Phenergan, judgment for respondent Levine is affirmed where Federal law does not preempt Levine’s claim that the drug’s label did not contain an adequate warning about the IV-push method of administration.

Law of the Land: Challenge to Zoning Amendment Adoption Deemed Timely

From Prof. Patty Salkin:

In New York, the statute of limitations for challenging the adoption of an amendment to a local zoning code is six years. Since a zoning amendment is a legislative act, the proper vehicle to challenge this action is through a declaratory judgment action, not a CPLR Article 78. Therefore, the instant claim was timely having been brought within the longer six year statute of limitations.

East Suffolk Development Corp. v. Town Board of Riverhead, 2009 WL 486697 (N.Y.A.D. 2 Dept. 2/24/2009).

The opinion can be accessed at: http://www.nycourts.gov/reporter/3dseries/2009/2009_01440.htm
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