Federal Law Doesn’t Stop Plaintiff’s Failure to Warn Claims in Actos Case


This morning in preparation of the first Actos trial in Cook County (Chicago, Illinois) Judge Deborah Dooling heard oral arguments from both parties on Takeda Pharmaceutical’s Motion for Partial Summary Judgment based upon federal preemption. Ken Brennan of TorHoerman Law argued for the Plaintiffs and cited numerous cases and regulations for the conclusion that federal law did not prevent Plaintiff’s Failure to Warn claims under Illinois Law.

After hearing the arguments, Judge Dooling went through a very lengthy analysis of Defendants motion and the arguments made by both sides before ruling that Defendants Motion was denied.

There are currently 3,035 Actos cases on file in Cook County. The first case, Estate of William Whitlatch v. Takeda, is on schedule to begin on March 4, 2014.

THL will continue to update the public about the Cook County Actos cases as well as the ongoing Actos MultiDistrict Litigation, which is currently underway in the Western District of Louisiana.

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