Statutory defense for manufacturers of components parts of medical devices *

USA - August 9 2012
In 1998, Congress enacted the Biomaterials Access Assurance Act (“BAAA” or “the statute”), which shields certain companies from product liability suits.

Third Circuit affirms dismissal of class action lawsuits alleging off-label activity based on standing *

USA - June 27 2012
In a recent precedential decision, the Third Circuit Court of Appeals confirmed that plaintiffs must do more than simply assert conclusory allegations of unlawful or “off-label” marketing practices to have standing to file suit in federal court – they must establish their “alleged injury is fairly traceable” to a defendant’s “alleged wrongful conduct” to have standing.