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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 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
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- 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
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
BAAA . . . . We’re not talking about sheep
- Dechert LLP
- -
- USA
- -
- April 2 2013
Maybe it was a recent couple of days spent in the Lancaster, Pennsylvania area, but when we saw a case about the BAAA - our first thoughts were along
Life after Stengel . . . There’s hope
- Dechert LLP
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- USA
- -
- March 26 2013
This year started off a little scary. But that was winter - dark, cold, dreary. With spring we look forward to brighter skies, warmer weather
Differentially speaking
- Dechert LLP
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- USA
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- March 26 2013
We've never been deferential to differential diagnosis - at least, not in litigation. There's no need for a diagnostic tool when you've already got
New Jersey court finds no parallel claim and no component liability
- Dechert LLP
- -
- Jersey, USA
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- March 19 2013
In a post Riegel v. Medtronic, Inc., 552 U.S. 312 (2008), world - plaintiffs most often attempt to avoid preemption of products liability suits
Ninth Circuit affirms conviction in Harkonen, rejects the defendant’s “off-label” First Amendment challenge
- Dechert LLP
- -
- USA
- -
- March 12 2013
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
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