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Oklahoma Supreme Court OKs federal takeover of state tort law

Dechert LLP
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USA
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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
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USA
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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
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USA
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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

Another win for removal before service

Dechert LLP
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USA
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May 2 2012

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

Bartlett - take it up

Dechert LLP
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USA
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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

Who needs Twiqbal?

Dechert LLP
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USA
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April 27 2012

Don’t misunderstand us

Darvocet plaintiffs' Hail mary batted away

Dechert LLP
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USA
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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