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Guest post - never odd or even, just preempted

Dechert LLP
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USA
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January 31 2012

Oh wait a minute

After further (careful) review

Dechert LLP
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USA
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January 23 2012

In football the referees will occasionally change bad calls

Reasonable certainty and defense experts

Dechert LLP
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USA
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August 4 2011

The other day we saw the Nevada Supreme Court’s decision in Williams v. Eight Judicial District Court, ___ P.3d ___, 2011 WL 3206963 (Nev. July 28, 2011

The closing of the learned intermediary frontier

Dechert LLP
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USA
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June 2 2011

It was the last blank space on the legal map - the only state with no precedent whatsoever

Uncommon funds

Dechert LLP
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USA
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January 5 2012

In MDLs, federal courts have on an unconscionable number of occasions set up “common benefit funds” to ensure that the other side gets paid even from the settlement of cases not before them

Pharmacists and the learned intermediary rule

Dechert LLP
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USA
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February 24 2011

As our readers certainly know, the learned intermediary rule holds that prescription medical product warnings are to be directed to prescribing physicians rather than to end user patients

Rule 37(c)(1), tightening the noose around late expert disclosures?

Dechert LLP
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USA
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May 5 2011

One of the banes of our existence is the belatedly disclosed expert report

Tallying TwIqbal

Dechert LLP
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USA
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December 2 2011

It’s been a while since we’ve taken a comprehensive look at how TwIqbal’s been affecting prescription medical product liability pleading

Foreseeability gets its wings clipped in California

Dechert LLP
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USA
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January 13 2012

Late last night we received this message from a correspondent (who will remain anonymous since we lack permission

Dear doctor letters as the next warning frontier Kapps vs. Winter

Dechert LLP
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USA
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October 28 2011

Under the learned intermediary rule, for a warning claim to succeed, at a bare minimum the prescribing (or sometimes another) doctor at least has to read the allegedly defective warning

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