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New Jersey court finds no parallel claim and no component liability

In a post Riegel v. Medtronic, Inc., 552 U.S. 312 (2008), world - plaintiffs most often attempt to avoid preemption of products liability suits

On March 4, 2013, a panel of the United States Court of Appeals for the Ninth Circuit issued its opinion in United States v. Harkonen,1 a case in

You may have read in the last few days that the FDA issued a Warning Letter to a nutrition supplement manufacturer for allegedly promoting its

You all know this is a defense blog. You all know we focus on defense victories. So, it shouldn't be surprising that when a defense win comes at the

While waiting for next month's Bartlett oral argument and then the Supreme Court's decision, and as plaintiffs continue to prod and poke to find ways

We've seen courts struggle applying preemption in device cases when the plaintiff's claim is based on off-label promotion. Plaintiffs have argued

The legal community is still buzzing about the Second Circuit's decision in United States v. Caronia, ___ F.3d ___, 2012 WL 5992141 (2d Cir

In our business, it's good to have intermediaries, particularly learned ones. They add a dose of reality to cases that are otherwise conjecture. They

We are so used to favorable PMA preemption rulings, that previously we may have just added these next two cases to our regular tallies and

We call them like we see them - which of course is with a defendant's eye. But nonetheless, excellent is how we view Solomon v. Bristol-Myers Squibb