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A grab bag of Daubert rulings in a remanded ArediaZometa case

  • Dechert LLP
  • -
  • USA
  • -
  • March 15 2011

We have reported periodically on rulings in the ArediaZometa litigation, including Daubert and summary judgment rulings by the MDL judge and choice of law rulings by Judge Arthur Spatt of the E.D.N.Y. in Deutsch v. Novartis Pharmaceuticals Corp., a case remanded for trial from the MDL

Guest post - never odd or even, just preempted

  • Dechert LLP
  • -
  • USA
  • -
  • January 31 2012

Oh wait a minute

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

  • Dechert LLP
  • -
  • USA
  • -
  • 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

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

  • Dechert LLP
  • -
  • USA
  • -
  • 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

CAFA - not with standing?

  • Dechert LLP
  • -
  • USA
  • -
  • February 9 2012

We were just reading an interesting, relatively new, decision from our home Circuit, Reilly v. Ceridian Corp., 664 F.3d 38 (3d Cir. 2011), and our reaction to it wasn’t quite what most readers would expect

We dare defend established Alabama law

  • Dechert LLP
  • -
  • USA
  • -
  • April 21 2011

We have to admit that we're scratching out heads about a recent decision out of Alabama that - contrary to everything else we've seen - concluded that the manufacturer of a branded drug could be liable in a case where it never sold the generic product that was all the plaintiff every took and thereby (allegedly) suffered injury

Tallying TwIqbal

  • Dechert LLP
  • -
  • USA
  • -
  • 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

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

What's in them for us?

  • Dechert LLP
  • -
  • USA
  • -
  • June 21 2011

The Supreme Court decided the climate change case, American Electric Power Co. v. Connecticut, No. 10174, slip op. (U.S. June 20, 2011), and the class action case, Wal-Mart Stores, Inc. v. Dukes, No. 10277, slip op. (U.S. June 20, 2011), yesterday

Denture cream myelopathy claims found toothless

  • Dechert LLP
  • -
  • USA
  • -
  • June 14 2011

If there’s a better place for filing Daubert motions than in the Eleventh Circuit, we don't know of it