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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

The learned intermediary and implied warranties

  • Dechert LLP
  • -
  • USA
  • -
  • November 10 2011

In a relatively recent case, Currier v. Stryker Corp., 2011 WL 4898501 (E.D. Cal. Oct. 13, 2011), the court stated, with respect to a claim for implied warranty: Because this is a medical implant case, and the complaint alleges that the product was surgically inserted in a hospital, the Court cannot plausibly infer from the complaint that Plaintiff relied on anything other than his physician's skill and judgment in selecting the . . . product, nor that any purchase of the product was based on a warranty from the manufacturer to Plaintiff

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

Another court throws generic plaintiffs a lifeline

  • Dechert LLP
  • -
  • USA
  • -
  • January 18 2012

As evidenced by our generic preemption scorecard the post-Mensing scales have been heavily tipped in favor of the generic manufacturers who have racked up dismissals across the country

After further (careful) review

  • Dechert LLP
  • -
  • USA
  • -
  • January 23 2012

In football the referees will occasionally change bad calls

Implied preemption and medical devices

  • Dechert LLP
  • -
  • USA
  • -
  • July 13 2011

Was anyone else out there struck, like we were, that the Court described the preemptive FDA action it recognized in Pliva, Inc. v. Mensing, ___ U.S. ___, 2011 WL 2472790 (U.S. June 23, 2011), in terms of “equivalence”?

Latest generic preemption decision

  • Dechert LLP
  • -
  • USA
  • -
  • December 9 2011

Those of you who check our post-Mensing generic preemption scorecard regularly are aware that a preemption massacre has been going on in Louisiana federal court

Pennsylvania product liability law - the muddle continues

  • Dechert LLP
  • -
  • USA
  • -
  • March 23 2012

The Pennsylvania Supreme Court yesterday decided Beard v. Johnson & Johnson, Inc., No. 35 WAP 2010, slip op. (Pa. March 22, 2012), a decision that is good, bad, and ugly at the same time

E-discovery for defendants 2.0

  • Dechert LLP
  • -
  • USA
  • -
  • May 5 2011

More than three years ago, back in February, 2008 we put up a post about e-discovery for defendants

Rule 37(c)(1), tightening the noose around late expert disclosures?

  • Dechert LLP
  • -
  • USA
  • -
  • May 5 2011

One of the banes of our existence is the belatedly disclosed expert report