See Moore & Gaier, Evidence of a Doctor's Routine Practice, N.Y.L.J. Dec. 1, 1998, p. 3. There have since been a handful of significant decisions on the issue, and they are the subject of this column.

Virginia Chemicals, 41 N.Y.2d 386 (1977), a product liability case in which the defense sought to introduce evidence of plaintiff's "usage and practice" to use an immersion coil to heat the water ...

Peckham AM, Evoy KE, Ochs L, Covvey JR. Gabapentin for off-label use: evidence-based or cause for concern? [published online September 23, 2018]. Subst Abuse. doi:10.1177/1178221818801311 ...

The FDA had planned on implementing the labels back in 2012 to comply with a federal law passed several years earlier. But tobacco companies stymied the agency in court, with federal judges ruling ...

November 19, 2021 Ninth Circuit holds product label preemption defense requires evidence and does not extend to materially-different statements on website James Bogan III Kilpatrick + Follow Contact ...