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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

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

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

No claim for conspiracy to violate the FDCA

Dechert LLP
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USA
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April 15 2011

We just spotted Placencia v. I-Flow Corp., 2011 WL 1361562 (D. Ariz. April 11, 2011), a pain pump case, in which the court threw out the plaintiff's latest attempt to keep non-manufacturer competitors in the case

The birdsong remains the same consumer fraud statutes & personal injury plaintiffs lousy together

Dechert LLP
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USA
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April 15 2011

We took a look at a case called Birdsong v. Eli Lilly & Co., 2011 WL 1259650 (W.D. Tenn. Mar. 31, 2011), the other day because we were interested in the grounds that the court used to dismiss the by now more-or-less-standard consumer fraud claim that so many plaintiffs indiscriminately throw into their complaints

Another medtronic preemption win

Dechert LLP
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USA
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April 20 2011

It's not a complete win, but 8 out of 9 ain't bad

Score one-half for IDE preemption

Dechert LLP
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USA
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April 26 2011

It's a little stale, by our standards at least, but we thought we ought to say something about Burgos v. Satiety, Inc., 2011 WL 1327684 (E.D.N.Y. April 5, 2011

Comment k, some of the way

Dechert LLP
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USA
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April 28 2011

By now Restatement (Second) of Torts 402A (1965) is so old as to be thought of as somewhat antediluvian