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Drug and device law

Dechert LLP
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USA
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December 31 2010

Two things: yesterday the Montana Supreme Court reaffirmed the learned intermediary rule, although holding that the duty to warn extended to all of the medical personnel - including nurses - who treated the plaintiff

Supreme court takes Sorrell First Amendment case

Dechert LLP
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USA
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January 7 2011

As we predicted it might, two months ago when we discussed IMS Health, Inc. v. Sorrell, the Supreme Court today granted certiorari in this very interesting First Amendment case

Megatrends 2011

Dechert LLP
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USA
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January 18 2011

Every now and then, we think it's a good idea to step back from the press of everyday events, current litigation, and where our next engagement is coming from and think a bit about the longer term

In an Ohio State of (the art) mind

Dechert LLP
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USA
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January 7 2011

Ever since the JPMDL (that,s "Judicial Panel on Multi-District Litigation" for you non-lawyers), refused to create an MDL - twice - for pain pump litigation, there's been guerilla warfare all over the country in cases involving these devices (and also for the unfortunate manufacturers of the anesthetic drug used in them

Bashing Bausch

Dechert LLP
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USA
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January 13 2011

We put up an initial post about Bausch v. Stryker Corp., ___ F.3d ___, 2010 WL 5186062 (7th Cir. Dec. 23, 2010), back in December, only four days (including Christmas) after it was decided

Why bother?

Dechert LLP
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USA
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January 14 2011

The other day the Pennsylvania Superior Court (an intermediate appellate court), sitting en banc no less, decided to weigh in on Vaccine Act preemption

Prempro short term use Daubert decision - favorable

Dechert LLP
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USA
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January 21 2011

Here's an important decision that we can't say much about because we're involved up to our eyeballs in this litigation

Bad facts make bad law

Dechert LLP
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USA
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January 19 2011

We just saw LeFaivre v. KV Pharmaceutical Co., No. 10-1326, slip op. (8th Cir. Jan. 19, 2011), and all we can say is bad facts make bad law - sort of, anyway

Notes on Bruesewitz

Dechert LLP
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USA
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February 23 2011

Yesterday we were busy... or traveling... or whatever

Buckman preemption the good, the bad, and the ugly and (this just in) the funky

Dechert LLP
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USA
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January 27 2011

We’re returning to the topic of implied Buckman preemption today to discuss three recent decisions, Hughes v. Boston Scientific Corp., ___ F.3d ___, 2011 WL 184554 (5th Cir. Jan. 21, 2011); LeFaivre v. KV Pharmaceutical Co., ___ F.3d ___, 2011 WL 148730 (8th Cir. Jan. 19, 2011); and Goldsmith v. Allergan, Inc., 2011 WL 147714 (C.D. Cal. Jan. 13, 2011

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