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Results: 1-10 of 331

Plaintiff’s second try still preempted

  • Dechert LLP
  • -
  • USA
  • -
  • May 21 2013

We talk about a lot of motions to dismiss on this blog and being a defense blog, the overwhelming majority are successful. Motions to dismiss being

Plaintiffs discover risks of refusing to participate in predictive coding discovery

  • Dechert LLP
  • -
  • USA
  • -
  • May 20 2013

Let's see whether it works: Discovery! Are you excited? How about this: Technology Assisted Review!! Nothing yet? How about: Predictive Coding!!! We

Indiana’s “government compliance” presumption against defect and negligence

  • Dechert LLP
  • -
  • USA
  • -
  • May 13 2013

The Indiana Court of Appeals recently issued an opinion applying the section of Indiana's Product Liability Act (IPLA) that, under certain

The finer points of removal

  • Dechert LLP
  • -
  • USA
  • -
  • May 7 2013

You know we love removal - 63 posts and counting. But, before you cast this post aside as another discussion of fraudulent joinder, removal before

The New Jersey nuvaring litigation summary judgment decision

  • Dechert LLP
  • -
  • USA
  • -
  • May 6 2013

The New Jersey NuvaRing litigation, which involves a combination hormonal contraceptive, recently produced an opinion that granted the defense

Muddling of Pennsylvania strict liability and implied warranty law

  • Dechert LLP
  • -
  • USA
  • -
  • April 30 2013

Normally we embrace cases that find that plaintiff has failed to meet the pleading requirements of Twombly and Iqbal. We like when courts ferret out

Twice in one month

  • Dechert LLP
  • -
  • USA
  • -
  • April 26 2013

We hadn't blogged about the Biomaterials Access Assurance Act ("BAAA"), 21 U.S.C. 1601-1606, since 2008 (see post), and now we are

FDA says that it knows that the clock is ticking on internet and social media guidance

  • Dechert LLP
  • -
  • USA
  • -
  • April 22 2013

Our readers know that we've been posting about the FDA's obligation to issue guidance on promotion of medical products using the Internet and social

A blond not having more fun in Trasylol litigation

  • Dechert LLP
  • -
  • USA
  • -
  • April 18 2013

This is our second post in as many months about Dr. Blond and the Trasylol MDL, and he's not faring any better in April than he did in March. Of

ArediaZometa produces an opinion on the learned intermediary doctrine, comment k, and warranty claims

  • Dechert LLP
  • -
  • USA
  • -
  • April 15 2013

The ArediaZometa case of Guenther v. Novartis Pharmaceuticals Inc., 2013 U.S. Dist. LEXIS 50945 (M.D. Fl. Apr. 9, 2013), produced another