Fulmer Sill

The Tenth Circuit reversed a preemption-based dismissal and reinstated state-law mislabeling claims brought by cancer treatment providers who alleged that Genentech's Herceptin vials consistently contained less than the labeled 440 mg of trastuzumab, with Matthew Sill of Fulmer Sill serving as co-lead MDL counsel for the hospital plaintiffs.

The Oklahoma Supreme Court held that Progressive could not deny uninsured motorist benefits to a motorcyclist who had paid for UM coverage on a separate auto policy, ruling the exclusionary language void as against public policy.