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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

Guest post - never odd or even, just preempted

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

Oh wait a minute

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

GSK citizenship issue on appeal

  • Dechert LLP
  • -
  • USA
  • -
  • April 6 2012

We can’t say much of substance about this issue, as we represent GlaxoSmithKline in certain matters, but a remedy is in sight (we hope) for the peculiar situation that has developed with respect to GSK’s citizenship for purposes of diversity jurisdiction

Why does the parallel violation exception remind us of Nietzsche and Frampton?

  • Dechert LLP
  • -
  • USA
  • -
  • November 7 2011

Last week saw the birth of the seven billionth current human on the planet

Comment k, some of the way

  • Dechert LLP
  • -
  • USA
  • -
  • April 28 2011

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

When it’s the plaintiff, not the doctor

  • Dechert LLP
  • -
  • USA
  • -
  • June 9 2011

Earlier this week we posted about the learned intermediary aspects of Shaw v. Bayer, U.S. Dist. Lexis 57057 (S.D. Fla. May 23, 2011), which confusingly bears a completely different caption on Westlaw: In re Trasylol Products Liability Litigation, 2011 WL 2117257 (S.D. Fla. May 23, 2011

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

Generic drug preemption scorecard

  • Dechert LLP
  • -
  • USA
  • -
  • September 20 2011

We’ve decided that, since PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011), product liability preemption in the context of generic drugs has come into its own and should no longer be lumped in with the overall topic of drugvaccine preemption

Medical device preemption developments

  • Dechert LLP
  • -
  • USA
  • -
  • January 11 2012

Boring title, but accurate