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Results: 1-10 of 233

Off-label promotion allegations trounce fraudulent joinder

  • Dechert LLP
  • -
  • USA
  • -
  • February 24 2015

Do we say often enough how much we dislike off-label promotion theories of liability? It has its own section on the blog and on a quick skim through

The flip side of pharmacy liability

  • Dechert LLP
  • -
  • USA
  • -
  • February 17 2015

On Friday, we posted about a Florida court that allowed negligence claims against a pharmacy that did nothing more than fill prescriptions as they

Arizona recognizes DTC exception to learned intermediary rule

  • Dechert LLP
  • -
  • USA
  • -
  • February 12 2015

Last week we mentioned the decision in Watts v. Medicis Pharmaceutical Corp., 2015 Ariz. App. LEXIS 12 (Ariz. Ct. App. Jan. 29, 2015) in a breaking

InFuse litigation still in the pink

  • Dechert LLP
  • -
  • USA
  • -
  • February 3 2015

Most of our reports on the InFuse litigation have been positive -- credits rather than debits. Last week, we had to move to the other side of the

Deflated PMA preemption: off-label promotion and failure to report keep inFuse case alive

  • Dechert LLP
  • -
  • USA
  • -
  • January 28 2015

Having to report on a negative InFuse decision happens about as often as meteorologists correctly predict snowstorms. Boy did they get it wrong for

Risks don't make drugs un-merchantable in Alabama

  • Dechert LLP
  • -
  • USA
  • -
  • January 20 2015

Way back in 2007 we said this: "We really don't see the purpose in a separate cause of action for breach of implied warranty in a case involving a

Stengel claims still require causation

  • Dechert LLP
  • -
  • USA
  • -
  • January 13 2015

Johnson v. Hologic, Inc., 2015 U.S. Dist. LEXIS 1105 (E.D. Cal. Jan. 5, 2015) is a case brought by a pro se plaintiff alleging she was injured by a

Product development protocol (PDP) preemption recognized by Fifth Circuit

  • Dechert LLP
  • -
  • USA
  • -
  • January 6 2015

Not that long ago we alluded to the idea that blogging about decisions throwing out PMA medical device claims on the basis of preemption under Riegel

Celebrating the highs and lows

  • Dechert LLP
  • -
  • USA
  • -
  • December 30 2014

It is the time of year for reflection and resolutions. We look back on the ups and downs of the year that is about to end and look forward to the New

Pennsylvania sound bites

  • Dechert LLP
  • -
  • USA
  • -
  • December 18 2014

In searching for cases for this blog, we sometimes feel like its Groundhog Day. Another preemption win in a PMA medical device case. Another food