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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

Deformed consent

  • Dechert LLP
  • -
  • USA
  • -
  • March 16 2011

We've heard about a new plaintiffs' informed consent theory that's making the rounds

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

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

Medical device preemption developments

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

Boring title, but accurate

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

Product development protocol? Preempted.

  • Dechert LLP
  • -
  • USA
  • -
  • September 6 2011

Just a note about Malbroux v. Jancuska, 2011 U.S. Dist. Lexis 96590 (W.D. La. Aug. 29, 2011), an otherwise forgettable opinion throwing out medical device claims on the basis of preemption under Riegel v. Medtronic, Inc

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

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

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