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Results: 1-10 of 198

Breaking news Washington state and the learned intermediary rule

  • Dechert LLP
  • -
  • USA
  • -
  • September 10 2013

This just in, courtesy of Bruce Hamlin of Martin Bischoff, an intermediate appellate court in Washington State has rejected an attempt by plaintiffs

Oklahoma Supreme Court OKs federal takeover of state tort law

  • Dechert LLP
  • -
  • USA
  • -
  • March 21 2013

We were planning to write about the Bartlett oral argument today (we still might) when we learned about Howard v. Zimmer, Inc., ___ P.3d ___, 2013 WL

More thoughts on Bartlett

  • Dechert LLP
  • -
  • USA
  • -
  • May 7 2012

Our initial post about Bartlett v. Mutual Pharmaceutical Co., ___ F.3d ___, 2012 WL 1522004 (1st Cir. May 2, 2012), was more or less a crie de coeur over what we saw as an essentially absurd result: that while a simple warning claim involving a generic drug is indisputably preempted under PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011), a claim much more fundamentally in conflict with FDA approval of generic drugs that state tort law can impose liability for not removing an FDA-approved product off the market entirely supposedly is not

Predictive coding gets a chance

  • Dechert LLP
  • -
  • USA
  • -
  • May 3 2012

In the high-tech morass that is ediscovery, parties have tried various ways to do something about the disparity between cost and benefit. technology

Bartlett - take it up

  • Dechert LLP
  • -
  • USA
  • -
  • May 2 2012

The First Circuit decided Bartlett v. v. Mutual Pharmaceutical Co., No. 10-2277, slip op. (1st Cir. May 2, 2012) today - suggesting that it is the worst court of appeals in the country for defendants in prescription pharmaceutical product cases

Another win for removal before service

  • Dechert LLP
  • -
  • USA
  • -
  • May 2 2012

We’ve learned of another win for removal before service in our local federal court, the Eastern District of Pennsylvania

Who needs Twiqbal?

  • Dechert LLP
  • -
  • USA
  • -
  • April 27 2012

Don’t misunderstand us

Darvocet plaintiffs' Hail mary batted away

  • Dechert LLP
  • -
  • USA
  • -
  • April 25 2012

We’ve posted before about MDLs and the Darvocet MDL in particular being the new “heavyweight” division for the one-two punch of product identification (can’t sue non-manufacturers) and generic preemption (can't sue generic manufacturers) to dispose of meritless claims involving generic drugs on a large scale

If at first you don't succeed....

  • Dechert LLP
  • -
  • USA
  • -
  • April 23 2012

Sometimes good ideas don’t prevail the first time or even the first few times they make their appearance

Uninjured docs' suit tossed

  • Dechert LLP
  • -
  • USA
  • -
  • April 19 2012

Sometimes it all depends on the docs