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Results: 1-10 of 198

Guest post - never odd or even, just preempted

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

Oh wait a minute

Buckman preemption the good, the bad, and the ugly and (this just in) the funky

  • Dechert LLP
  • -
  • USA
  • -
  • January 27 2011

We’re returning to the topic of implied Buckman preemption today to discuss three recent decisions, Hughes v. Boston Scientific Corp., ___ F.3d ___, 2011 WL 184554 (5th Cir. Jan. 21, 2011); LeFaivre v. KV Pharmaceutical Co., ___ F.3d ___, 2011 WL 148730 (8th Cir. Jan. 19, 2011); and Goldsmith v. Allergan, Inc., 2011 WL 147714 (C.D. Cal. Jan. 13, 2011

Notes on Bruesewitz

  • Dechert LLP
  • -
  • USA
  • -
  • February 23 2011

Yesterday we were busy... or traveling... or whatever

Pharmacists and the learned intermediary rule

  • Dechert LLP
  • -
  • USA
  • -
  • February 24 2011

As our readers certainly know, the learned intermediary rule holds that prescription medical product warnings are to be directed to prescribing physicians rather than to end user patients

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

Interesting e-discovery developments

  • Dechert LLP
  • -
  • USA
  • -
  • October 13 2011

The program at a Product Liability Advisory Council, Inc. (“PLAC”) meeting are always interesting, and the one just before Columbus Day was no exception. It focused on social media and e-discovery

Imported Chinese litigation returned to sender

  • Dechert LLP
  • -
  • USA
  • -
  • September 8 2011

We thank Eamon Joyce at Sidley for alerting us to an interesting forum non conveniens decision out of the Fourth Circuit: Tang v. Syntura International, Inc., No. 10-1487, slip op. (4th Cir. Sept. 6, 2011

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

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

Drug and device law

  • Dechert LLP
  • -
  • USA
  • -
  • December 31 2010

Two things: yesterday the Montana Supreme Court reaffirmed the learned intermediary rule, although holding that the duty to warn extended to all of the medical personnel - including nurses - who treated the plaintiff